Date: 24/05/2004
Source: Ministry of Provincial and Local Government
Title: F Mufamadi: Traditional Initiation Schools Conference
OPENING ADDRESS BY MINISTER FS MUFAMADI, MINISTER FOR PROVINCIAL AND LOCAL GOVERNMENT, AT THE TRADITIONAL INITIATION SCHOOLS CONFERENCE, Fourways, Johannesburg, 24 May 2004
The Chairperson and the Deputy Chairperson of the National House of Traditional Leaders
Deputy Minister for Provincial and Local Government
Members of the National and Provincial Houses of Traditional Leaders
Senior public servants and traditional leaders here present
Distinguished guests, Ladies and Gentlemen
I am happy to have a part in these proceedings. They will start us on our way to solving one of the problems, which in recent times, has caused untold suffering among our people.
Our contribution holds the right to life as sacrosanct. Government, as the guarantor of all the basic rights, which are guaranteed in our Constitution, has to curb the death of our young people who die as they undergo initiation at our traditional schools. A conference of this nature offers us the welcome opportunity not only to take stock of the success or failure of the measures which have been introduced to address the scourge of these fatalities, but also to determine whether or not current practices have remained loyal to the original motivations of our forebears.
Government feels compelled by the horrific incidents that often occur in initiation schools, to continually insist on the search for practical solutions. Apart from the deaths themselves, some victims have suffered the loss of reproductive organs and yet others have suffered from preventable infections. This conference, as I have said earlier, shall not have succeeded to discharge its duty if it does not add to our collective capacity for evolving effective remedies.
As the participants are aware, we are convening at the invitation of the National House of Traditional Leaders - a statutory body that is mandated to "advise the national government on the customs of communities that observe the system of customary law". The House is also empowered to "investigate and make available, information on customary law and customs". These and other duties of the House are substantially of a nature that makes them crucially important to the welfare of our people.
We, who are gathered here today, have an obligation to approach our role in this conference, in a way which makes us instruments of enriching the lives of many whose plight depends on the outcome of our deliberations. Our decisions must talk to the existential conditions of our people on the ground and they must take into account the existing government programmes. More importantly, our decision must not have the effect of marginalizing communities that are immediately affected by the problems, which are the subject matter of our deliberations.
Chairperson and esteemed delegates, the Constitution of the Republic protects the culture and customs of our communities, to the extent that the latter are not inconsistent with the Constitution. As practices, circumcision and initiation are certainly not inconsistent with the latter spirit of the Constitution. The Constitution further allows government to introduce and seek to regulate the health aspects of circumcision. Initiation as a practice is not regulated. However, those who practice it will have to ensure that they do not employ methods, which are manifestly at odds with the provisions of ordinary criminal law.
Three of our provinces have enacted legislation, which bear on the issue of circumcision. The relevant pieces of legislation are:
a) Northern Province Circumcision Schools Act No. 6 of 1996
b) Application of Health Standards in Traditional Circumcision Act No. 6 of 2001 (Eastern Cape)
c) Free State Initiation School Health Act No. 1 of 2004.
These laws deal with the observation of health standards in traditional initiation schools, the granting of permission for the operation of circumcision schools and, generally, with the granting of permission to conduct circumcision. Parental consent is also provided for if the boy is below a prescribed age.
The following are some of the experiences, which the Eastern Cape Department asked me to share with conference delegates:
* 42 traditional surgeons and nurses have been arrested since the Traditional Circumcision Act was introduced. Of these, 18 were convicted
* There has been a 70% decline in incidences of unlawful initiations from 2001 to date
* The Provincial Department of Health has embarked on a proactive approach, spearheaded by the MEC, Dr Bevan Goqwana, aimed at curbing the violation of the Act
* The drive by the MEC saw 20 Pondoland initiation schools closed down and approximately 150 boys rescued from these schools and referred to hospitals in the region
* The Department has forged sound working relations with the traditional institutions, especially the Eastern Cape House of Traditional Leaders
* The Department is further committed to the total elimination of deaths and injuries to initiates and will do everything in its power to achieve these objectives
* The Department has also rallied and urged all role players, i.e. parents, traditional leaders, community members and the South African Police Service, to work together in protecting our young men from unscrupulous persons, who rob them of their youth, future and life itself".
Time does not allow me to deal with all the provincial programmes.
At the national level these matters will be further regulated through legislation aimed at setting national health standards (the National Health Bill), and dealing with traditional health practitioners (Traditional Health Practitioners Bill). This legislation is scheduled to be considered by Parliament this year. It will be piloted by the Minister of Health.
Chairperson, there is detailed legislation applicable in those provinces which have witnessed most of the casualties in circumcision schools. Having assessed the legislation and the current situation, it seems to me that the following questions emerge for consideration at this conference:
a) Are the provisions of the laws currently in place not sufficient? What is the situation in each province?
b) What should traditional leaders do to support government in the implementation of these laws?
c) What are traditional leaders themselves doing within their communities to promote the application of these laws?
d) Is the training being conducted to assist traditional surgeons and traditional nurses sufficient, and if not, what should be done?
e) Are initiates being trained to become better persons in their adulthood, as was the case in traditional initiation schools in the past?
f) Are traditional surgeons and health workers working closely as a team?
g) Is this challenge limited to male persons only? What about the initiation of women? What about other race groups which practice circumcision?
h) Are we not concentrating only on rural areas? What about incidents in urban areas?
i) To what extent does alcohol abuse contribute to some of these challenges?
j) What should be done by communities to ensure that initiation schools are not taken over by criminals, and that assaults on initiates are brought to a halt?
k) Has the experience of particular regions or traditional authority areas throughout the country been documented properly so as to ensure a comprehensive and targeted response?
Chairperson, these questions, in my view, will allow you to focus on the practical challenges we have to respond to. We have to arrest this scourge. We have to respond in a coordinated manner, which acknowledges the role and responsibilities of all stakeholders within and outside government. Parents must be central to the debates we engage in. Thus communities must be seen to be actively involved in discussion and in the implementation of the government's programmes. Most importantly, communities must address the conditions that initiates live under, and ensure that unacceptable conduct is dealt with and brought to the attention of responsible authorities.
All these matters have to be addressed for they are central to the development of our communities and their well-being.
Let us continue to uphold the sanctity of our customs, and accept that, where necessary, the government will step in and introduce appropriate control measures. This area of work, I believe, affords traditional leaders the opportunity to occupy the forward trenches in the national effort to promote cooperative relations between all stakeholders.
I thank you.
Issued by: Ministry of Provincial and Local Government
24 May 2004
Source: Ministry of Provincial and Local Government
Title: F Mufamadi: Traditional Initiation Schools Conference
OPENING ADDRESS BY MINISTER FS MUFAMADI, MINISTER FOR PROVINCIAL AND LOCAL GOVERNMENT, AT THE TRADITIONAL INITIATION SCHOOLS CONFERENCE, Fourways, Johannesburg, 24 May 2004
The Chairperson and the Deputy Chairperson of the National House of Traditional Leaders
Deputy Minister for Provincial and Local Government
Members of the National and Provincial Houses of Traditional Leaders
Senior public servants and traditional leaders here present
Distinguished guests, Ladies and Gentlemen
I am happy to have a part in these proceedings. They will start us on our way to solving one of the problems, which in recent times, has caused untold suffering among our people.
Our contribution holds the right to life as sacrosanct. Government, as the guarantor of all the basic rights, which are guaranteed in our Constitution, has to curb the death of our young people who die as they undergo initiation at our traditional schools. A conference of this nature offers us the welcome opportunity not only to take stock of the success or failure of the measures which have been introduced to address the scourge of these fatalities, but also to determine whether or not current practices have remained loyal to the original motivations of our forebears.
Government feels compelled by the horrific incidents that often occur in initiation schools, to continually insist on the search for practical solutions. Apart from the deaths themselves, some victims have suffered the loss of reproductive organs and yet others have suffered from preventable infections. This conference, as I have said earlier, shall not have succeeded to discharge its duty if it does not add to our collective capacity for evolving effective remedies.
As the participants are aware, we are convening at the invitation of the National House of Traditional Leaders - a statutory body that is mandated to "advise the national government on the customs of communities that observe the system of customary law". The House is also empowered to "investigate and make available, information on customary law and customs". These and other duties of the House are substantially of a nature that makes them crucially important to the welfare of our people.
We, who are gathered here today, have an obligation to approach our role in this conference, in a way which makes us instruments of enriching the lives of many whose plight depends on the outcome of our deliberations. Our decisions must talk to the existential conditions of our people on the ground and they must take into account the existing government programmes. More importantly, our decision must not have the effect of marginalizing communities that are immediately affected by the problems, which are the subject matter of our deliberations.
Chairperson and esteemed delegates, the Constitution of the Republic protects the culture and customs of our communities, to the extent that the latter are not inconsistent with the Constitution. As practices, circumcision and initiation are certainly not inconsistent with the latter spirit of the Constitution. The Constitution further allows government to introduce and seek to regulate the health aspects of circumcision. Initiation as a practice is not regulated. However, those who practice it will have to ensure that they do not employ methods, which are manifestly at odds with the provisions of ordinary criminal law.
Three of our provinces have enacted legislation, which bear on the issue of circumcision. The relevant pieces of legislation are:
a) Northern Province Circumcision Schools Act No. 6 of 1996
b) Application of Health Standards in Traditional Circumcision Act No. 6 of 2001 (Eastern Cape)
c) Free State Initiation School Health Act No. 1 of 2004.
These laws deal with the observation of health standards in traditional initiation schools, the granting of permission for the operation of circumcision schools and, generally, with the granting of permission to conduct circumcision. Parental consent is also provided for if the boy is below a prescribed age.
The following are some of the experiences, which the Eastern Cape Department asked me to share with conference delegates:
* 42 traditional surgeons and nurses have been arrested since the Traditional Circumcision Act was introduced. Of these, 18 were convicted
* There has been a 70% decline in incidences of unlawful initiations from 2001 to date
* The Provincial Department of Health has embarked on a proactive approach, spearheaded by the MEC, Dr Bevan Goqwana, aimed at curbing the violation of the Act
* The drive by the MEC saw 20 Pondoland initiation schools closed down and approximately 150 boys rescued from these schools and referred to hospitals in the region
* The Department has forged sound working relations with the traditional institutions, especially the Eastern Cape House of Traditional Leaders
* The Department is further committed to the total elimination of deaths and injuries to initiates and will do everything in its power to achieve these objectives
* The Department has also rallied and urged all role players, i.e. parents, traditional leaders, community members and the South African Police Service, to work together in protecting our young men from unscrupulous persons, who rob them of their youth, future and life itself".
Time does not allow me to deal with all the provincial programmes.
At the national level these matters will be further regulated through legislation aimed at setting national health standards (the National Health Bill), and dealing with traditional health practitioners (Traditional Health Practitioners Bill). This legislation is scheduled to be considered by Parliament this year. It will be piloted by the Minister of Health.
Chairperson, there is detailed legislation applicable in those provinces which have witnessed most of the casualties in circumcision schools. Having assessed the legislation and the current situation, it seems to me that the following questions emerge for consideration at this conference:
a) Are the provisions of the laws currently in place not sufficient? What is the situation in each province?
b) What should traditional leaders do to support government in the implementation of these laws?
c) What are traditional leaders themselves doing within their communities to promote the application of these laws?
d) Is the training being conducted to assist traditional surgeons and traditional nurses sufficient, and if not, what should be done?
e) Are initiates being trained to become better persons in their adulthood, as was the case in traditional initiation schools in the past?
f) Are traditional surgeons and health workers working closely as a team?
g) Is this challenge limited to male persons only? What about the initiation of women? What about other race groups which practice circumcision?
h) Are we not concentrating only on rural areas? What about incidents in urban areas?
i) To what extent does alcohol abuse contribute to some of these challenges?
j) What should be done by communities to ensure that initiation schools are not taken over by criminals, and that assaults on initiates are brought to a halt?
k) Has the experience of particular regions or traditional authority areas throughout the country been documented properly so as to ensure a comprehensive and targeted response?
Chairperson, these questions, in my view, will allow you to focus on the practical challenges we have to respond to. We have to arrest this scourge. We have to respond in a coordinated manner, which acknowledges the role and responsibilities of all stakeholders within and outside government. Parents must be central to the debates we engage in. Thus communities must be seen to be actively involved in discussion and in the implementation of the government's programmes. Most importantly, communities must address the conditions that initiates live under, and ensure that unacceptable conduct is dealt with and brought to the attention of responsible authorities.
All these matters have to be addressed for they are central to the development of our communities and their well-being.
Let us continue to uphold the sanctity of our customs, and accept that, where necessary, the government will step in and introduce appropriate control measures. This area of work, I believe, affords traditional leaders the opportunity to occupy the forward trenches in the national effort to promote cooperative relations between all stakeholders.
I thank you.
Issued by: Ministry of Provincial and Local Government
24 May 2004
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