Implementation of Committee recommendations: engagement with National Initiation Oversight Committee & EC Provincial Initiation Coordinating Committee; with Deputy Minister

Meeting report

Implementation of Committee recommendations on initiation schools

Mr Obed Bapela, Deputy Minister of Cooperative Governance and Traditional Affairs (COGTA), said that the 2022 - 2027 National Initiation Oversight Committee (NIOC) was not yet active, as its establishment was only three weeks ago. He thanked the Portfolio Committee for prioritising the matter as the summer season was starting, with initiation schools about to commence. The prioritisation of the matter would solidify the Department's state of readiness to ensure that all the recommendations made by the Committee were implemented. There was a lot that COGTA needed to do to raise awareness in the communities and municipalities about illegal initiation schools, including the role of the family in protecting children.

Ms Reshoketswe Mogaladi, Deputy Director-General (DDG), COGTA, briefed the Committee on the progress of implementing the recommendations made during the Committee's oversight visit of 4 July 2022 with the NIOC and COGTA. It had been recommended that the NIOC must revisit the composition of the Eastern Cape Provincial Initiation Coordinating Committee (PICC) to ensure that they were constituted by relevant personnel who were available to attend to initiation-related matters. The progress so far was that the province had advised that they were aware of this recommendation and that processes were being put in place to ensure that the PICC was reconstituted accordingly.

The Portfolio Committee also recommended that the NIOC must follow up on its commitment to convene a dedicated team to monitor parents in terms of fulfilling their responsibility in line with Section 22 of the Customary Initiation Act (CIA) of 2021, especially during the first two critical weeks of the initiation season. The progress was that the first meeting of the NIOC would be convened to elect the chairperson and the deputy chairperson. The new NIOC would, among other matters, prioritise implementing the recommendations.

It was recommended that the National Department of Traditional Affairs must ensure that the CIA was widely known, especially in provinces such as the Eastern Cape, which had initiation legislation that preceded the Act. All other roleplayers should also conduct rigorous awareness campaigns on the Act to promote compliance matters. Thus far, the Department, as part of its support to the NIOC awareness campaign, was in the process of printing 5 000 copies of the CIA in a pocket-sized booklet (3 500 in Xhosa and 1 500 in English) for distribution to the Provincial Houses of Traditional and Khoisan Leaders (PHTKL), Local Houses of Traditional and Khoisan Leaders (LHTKL), Provincial Initiation Coordinating Committees (PICCs), principals and caregivers, and other role players, for ease of use and reference to the Act.

Recommendations and findings of oversight visit on customary male initiation practice: Eastern Cape Provincial Department

Mr Tandabantu Gwebindlala, DDG: Traditional Affairs, Eastern Cape COGTA, briefed the Committee on the progress of the findings and recommendations of the Portfolio Committee following an oversight visit to the Eastern Cape from 3 July until 8 July. The oversight visit focused on the customary initiation practices and produced a report reflecting findings and recommendations.

The first recommendation indicated that the provincial Department of COGTA in the Eastern Cape must immediately look at harmonising the provincial legislation regulating customary initiation with the Customary Initiation Act. This could consist of either amending the provincial legislation, or repealing it. The Department had already embarked on the process of harmonising the Eastern Cape Customary Male Initiation Practices Act with the Customary Initiation Act. A process of amending the Act had translated into a bill which had been taken through the consultation stage, which had since closed. It was now to be tabled to the state law advisers.

The second recommendation pointed out that the National Initiation Oversight Committee must follow up on its commitment to convene a dedicated team to monitor parents in terms of fulfilling their responsibility in line with Section 22 of the Customary Initiation Act, especially during the first two critical weeks of the initiation season. The Eastern Cape PICC must also ensure the realisation of its plan to develop a legally binding parental commitment form, where parents would commit to taking care of their children in the initiation schools. So far, a parental consent form has been developed. It was going to be used for the 2022 summer initiation season – see attached.

It had been recommended that the NIOC must also revisit the composition of the Provincial Initiation Coordinating Committees to ensure that they were constituted by relevant personnel available to attend to initiation-related matters. The Eastern Cape PICC convened on 24 October. Amongst the issues deliberated on was the reconfiguration of the PICC to be aligned with the national legislation -- Section 11 of the Customary Initiation Act, Act No. 2 of 2021. The PICC had resolved that the structure needed to be reconfigured, and the technical team would start the process.

On the recommendation that there should be monitoring and a follow-up on the case that was opened concerning the admission of underage children in KuZele, Libode,  in the Eastern Cape, Mr Gwebindlela said that Libode CASE 81/06/2022 was opened concerning the illegal KuZele initiation school. The case was in respect of illegal circumcisions, and was still under investigation.

It had been recommended that the Provincial Initiation Coordinating Committee enforce the provisions of the Customary Initiation Act and close illegal initiation schools through the due process contemplated in Section 15 of the Act. A timeframe for eradicating these illegal structures had to be furnished to the Portfolio Committee, and it had to ensure that the Minister responsible for Cooperative Governance and Traditional Affairs followed up with the PICC. The Eastern Cape PICC convened on 24 October, and among the issues deliberated on was the closing of illegal initiation schools in Section 15 of the Customary Initiation Act. In terms of the Act, this task was the responsibility of the PICC, which had requested that the task be delegated to the local structures dealing with initiation. The PICC had resolved to delegate the powers to close the illegal initiation schools to district and local initiation forums. He said that it would not be possible to provide a specific time frame when illegal initiation schools would be closed on sight during the season.

The Portfolio Committee had recommended that the provincial Department of Human Settlements (DHS) consider providing a temporary prefabricated structure to accommodate the underage boys in the illegal initiation school found in KuZele, Libode, as the place was not fit for human habitation. The DHS had not yet been approached on this proposal. The issue of prefabricated structures must first be discussed with concerned communities to check their suitability in terms of culture and custom. There might be no initiation school in KuZele, Libode, this season.

Mr Gwebindlala told the Portfolio Committee that ten of the 11 deaths of initiates that had occurred during the 2022 winter initiation season had occurred in the OR Tambo district municipality area. The main causes of death were septicaemia, dehydration, gangrene and pneumonia. The ages of initiates who had passed on ranged between 15 and 20 years.

On the recommendation for the Department of Health to fulfil its undertaking in connection with the sourcing and contract of additional professional nurses to assist with the monitoring of initiation schools, Mr Gwebindlala said that the Department had already committed to providing 45 monitoring vehicles, 54 professional male nurses and surgical equipment.

He said that the Department of Transport had not yet delivered on the commitment to support the provincial seasonal initiation plan by providing adequate transportation for initiation monitoring teams.

Discussion

Ms P Xaba-Ntshaba (ANC) said that the statistics of the EC winter initiation season indicated that the OR Tambo district had 129 illegal initiation schools, compared to 110 legal initiation schools. What were the time frames for decisively dealing with the illegal initiation schools in the district?

Section 15 subsection 6(B) of the Customary Initiation Act states that a PICC, on becoming aware of any non-registered initiation schools operating in the province, must investigate the matter, close the school, and, where necessary, submit a report to the South African Police Service (SAPS) to investigate any possible abduction or kidnapping at the 241 illegal schools in the provinces. She asked how many initiation schools had been investigated and closed thus far.

Mr K Ceza (EFF) said the Customary Initiation Act was inherently traditional. He asked the Department to what extent traditional leaders had been involved in the harmonisation process in respect of the Eastern Cape Customary Male Initiation Practices Act.

Were the 5 000 copies of the CIA awareness campaign already adapted to the languages of the relevant provinces for effective distribution? He asked how they had been costed, and when they would be presented to the Portfolio Committee.

How would the Department deal with the dehydration of the initiates during the coming season in the Amathole District? He asked what the nature of the consequences had been following the deaths of  the 11 initiates in the previous initiation season.

What was the view of the PICC of the Eastern Cape and the NIOC on the regulation of fees for principal caregivers, who crowded their schools during the initiation season to make more money?

He expressed his concern about compliance with Section 28, 3(A) of the CIA, which states that a child between the ages of 16 years and 18 years may not attend an initiation school to be initiated. However, such things were already happening in the Eastern Cape. What were the systems in place to ensure its enforcement and the protection of children?

Response

Deputy Minister Bapela said that the establishment of the NIOC would see the adoption of the programme to make copies of the CIA in various languages. He added that the target aim was March 2023. This would require the contribution of the provinces, as awareness was the key element in targeting areas where there were issues of illegal initiation schools. Language diversity would be factored in by working with local groups in provinces.

Ms Mogaladi responded on the costing of the booklet copies, and said this was a draft plan. Once the NIOC had considered the plan, it would then be costed, and that was when the exact costs would be known. Such information would be communicated to the Portfolio Committee once it had all been finalised.

Mr Andile Fani, Head of Department, Eastern Cape COGTA, referred to the issue of PICC members being quicker in dealing with challenges at the local level, and said the PICC depended on the communities to detect the challenges that were happening there. This was why there had been a suggestion that the committees at the local level, where these challenges were, should take steps immediately. He added that some of the illegal initiation schools were hidden, so community mobilisation was critical. That was why there had been efforts to engage traditional leaders in the process.

He said the issue of the Amathole District was serious, and COGTA had decided to second an acting municipal manager to closely look at the water supply challenges. When there was a request, the Department released water tanks as an intervention to deliver water where there was a need.

Mr Gwebindlala responded on the closure of illegal initiation schools, and said that no initiation schools were standing during other times of the year except the initiation season. Therefore, as the season for initiation school proceeded, that was when illegal schools were discovered. He added that approval had been granted for local structures to have the authority to close illegal initiation schools.

He confirmed that the traditional leaders had been consulted in the various structures on the amendment of the Act. The consultations had happened in various areas of the province for the amendment of the Act to proceed.

Major General Zithulele Dladla, Deputy Provincial Commissioner: Crime Detection, SAPS, said that a case -- Libode CAS 81/06/2022 -- had been opened, and a suspect known by his first name had been identified and was being looked for. However, the challenges were that the victims were not cooperating with the SAPS.

In the case of the 11 initiates who had died in the previous initiation season, all those cases were inquests and were pending investigation. As soon as the investigations were finalised, the dockets would be taken to the respective senior public prosecutors for a decision. If there was a need to prosecute, further action would be taken.

The Chairperson added that some of the basic things that the Committee agreed on were already in the legislation, such as having illegal initiation schools. The Committee was responsible for making sure that initiates were protected. He pointed out that areas should be identified in the EC as hotspots for illegal initiation schools, with a clear plan to address these issues.

In his closing remarks, the Deputy Minister thanked the Committee for the deliberations and said that the questions were a wake-up call for the Department. He concurred that there was a need to focus attention on the hotspots, with a clear plan to prevent the deaths of initiates. He added that the community was the backbone for eradicating illegal initiation schools, while preserving the sacredness of the culture.

Mr Zolile Williams, COGTA MEC, Eastern Cape, thanked the Committee and indicated that the questions and contributions were seriously considered. In the upcoming initiation season, a vigorous communication plan had been agreed, including introducing registered traditional surgeons and assistants in each area to prevent communities from going to illegal initiation schools. He added that the Department was working with a particular non-governmental organisation (NGO) which used technology to prevent unnecessary death of initiates, where an application was used to identify registered surgeons, and which also allowed remote monitoring of the vital signs of each initiate, such as dehydration.

The meeting was adjourned.