Meeting with Department of Traditional Affairs & NHTL on initiation matters

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Cooperative Governance and Traditional Affairs

30 March 2021
Chairperson: Ms F Muthambi (ANC)
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Meeting Summary

The Portfolio Committee on Cooperative Governance and Traditional Affairs met in a virtual sitting for a briefing on initiation matters and the state of readiness for the 2021 initiation season.

The National House of Traditional Leaders reported that none of the 13 initiates who had died in the Eastern Cape during the summer initiation season had succumbed to COVID-19. It explained that young boys often spread misinformation amongst themselves while they were still at school, and believed that drinking water would prolong their healing process. As a result, initiates often refused to drink water, which led to dehydration and death. This had been the case for some of the 13 initiates who had died in December. Three of the initiates had died as a result of fighting, and they had been shot.

The Children’s Act made provision for the human rights of initiates and ensured that there were consequences for those who violated these rights. The Committee was told that gangsterism was taught at some initiation schools in Gauteng, and initiates were given intoxicating substances. Parents lacked involvement in illegal initiations, as the young boys were often abducted and hidden in obscure places, which made it difficult for them to be located by task teams. The Department of Traditional Affairs (DTA) said that parents were often extorted for money after their children were abducted and taken to illegal initiation schools. Money was the main motive behind initiation schools. Most children who were abducted were staying with grandparents or mothers, where no fathers were present.

One of the challenges experienced by the DTA was that parents duplicated the medical exams of their children and would use them in the case of one their children failing a medical exam and being declared unfit for initiation.  Sometimes individuals such as traditional leaders were disillusioned with the police and the Minister responsible for their lack of response, when they reported that their lives were under threat.

The Committee was assured that when initiation task teams monitored the initiation schools, they would ensure that conditions were adequate, that there was running water and that the schools had certificates to ensure that they were operating legally. The amendment of the Children’s Act conflicted with the age for initiation in the various communities. In some communities, the age for initiation was 12 or 16, but the Children’s Act stated that the legal age for initiation was 18. The communities went against the Act due to their culture and customs.

All the departments that should be involved in initiation did not always take these matters seriously. The Department of Arts and Culture had been approached a number of times, but had not played its role effectively. The Customary Initiation Act made provision for principals and traditional surgeons to apply for these positions, and they had to receive certification from the Provincial Coordinating Council.

Members were concerned about the commitments made to the Committee in a meeting held in November 2020 that the lives of initiates would be protected. They expressed concern and disappointment at the perceived lack of respect for the lives of the 13 initiates who had died in the Eastern Cape, and questioned whether assistance was being provided to the boys’ parents.

They referred to the COVID-19 regulations being enforced over the December 2020 initiation season, and asked about the lessons learned from this for future initiations. They asked about the funds that would be allocated to support provincial initiation task teams, and what could be done to prevent the continuous setting up of illegal initiation schools. They felt that traditional surgeons should be registered, and that pre-medical assessments should be done to ensure the lives of initiates were protected.

The Chairperson said the annual performance plans of the DTA would be considered to monitor whether it was addressing the issues relating to initiation. The provincial initiation monitoring team in the Eastern Cape would be called to account to the Committee on the situation in the Eastern Cape. She emphasised that support must be provided to the families of initiates who had died, and inquest dockets must be opened when initiates did not die of natural causes.

Meeting report

Introductory remarks

The Chairperson said a moratorium on initiations had been lifted owing to pressure from traditional communities, who were prepared to disregard the regulations. Individuals would be held liable should initiates suffer any harm.

The National Assembly had passed the Customary Initiation Bill, which needed to be promulgated by the President. The meeting would receive an update on the initiations which took place over the December season in the context of COVID-19 and safety protocols.

The National House of Traditional Leaders had established an initiation task team on 27 November 2020. This included representatives from the Cultural, Religious and Linguistic (CRL) Rights Commission and the Congress of Traditional Leaders of South Africa (CONTRALESA). This was to assess initiation readiness and consider reports on developments during the post-initiation season and the lessons learnt from the experiences of the 2020 initiation season. The Chairperson said fatalities needed to be reported to the Committee.

Mr Mashwahle Diphofa, Director-General (DG), Department of Traditional Affairs (DTA), said initiation was an important practice that was very sacred, and it needed to be ensured that initiates remained safe. The Eastern Cape had been allowed to make submissions on risk mitigating measures that would ensure initiates returned home safely. The agreement with the Minister was that those who dealt with initiation would be responsible for anything that went wrong. The Eastern Cape had initiations over the December period, and there had been some fatalities. The country was still experiencing COVID-19.

DTA briefing on initiation matters

Mr Abram Sithole, Chief Executive Officer, National House of Traditional Leaders (NHTL), briefed the Committee on initiation matters and the provincial state of readiness for the 2021 winter initiation season, and the state of readiness for the implementation of the Customary Initiation Bill (CIB) once it was enacted.

A few common challenges facing initiations were unregistered or illegal schools, abduction and abuse of boys, gangsterism -- especially in Gauteng -- and deaths. Most of the deaths and injuries that occurred during initiation were in the Eastern Cape.

In March 2020, Deputy President David Mabuza and several Ministers had consulted with the NHTL, CONTRALESA, the Khoi-San and the CRL Rights Commission on the COVID-19 pandemic and the cultural initiation practice. Following discussions, the 2020 winter initiation season had been suspended. The initiation monitoring teams in the different provinces had monitored the initiations to ensure the closure of illegal initiation schools. For the first time in many years, no deaths related to initiation had been recorded for the 2020 winter season.

During the 2020 summer initiation season, cultural initiation had remained suspended, apart from in the Eastern Cape Province, which had presented a risk-adjusted strategy to Cabinet that allowed the Province to conduct initiation in certain parts of the province, excluding hotspots such as the Nelson Mandela Bay area.

Thirteen initiates had lost their lives during the 2020 summer initiation season.

(See presentation for state of readiness of the different provinces for the 2021 winter initiation season).

State of readiness for implementation of Customary Initiation Bill

The first step required for the implementation of the new law was the establishment of the National Initiation Oversight Committee (NIOC). In terms of section 40(1), the NIOC would have to be established within three months from the date of commencement of the Act. The Customary Initiation Bill (CIA) stipulated the numbers and institutions from which representatives were needed to form the NIOC. Similarly, Premiers must establish Provincial Initiation Coordinating Committees (PICCs) within three months from the date of commencement of the Act. In terms of section 10 of the CIB, the DTA must provide financial and administrative (including secretariat) support to the NIOC.

Mr K Ceza (EFF) said the acronyms in the presentation needed to be explained to the Committee, as there were also members of the public who had joined the meeting. People needed to catch up with this.

The Chairperson agreed with Mr Ceza, said that this should be done when presentations were made. She said his concern was genuine.

Discussion

Ms H Mkhaliphi (EFF) asked what the most important challenges were that the Department was facing, and how to track down unregistered schools. What happened to abducted boys? What was the role of women? In traditional areas, the role of women was not taken seriously. She referred to the minimal role that parents played. Gangsterism was a concern for her. One of her colleagues was a member of a traditional council in KwaZulu-Natal (KZN) which she thought was progressive, but this was not the case as women did not sit at the same table with men in the council. She asked how the Department was dealing with all of these challenges. The 13 deaths of young boys during initiation in December 2020 was concerning -- who was held liable for this? If there were some provinces that were ready for initiation, this information should be shared with the Committee.

Mr Sithole replied that the illegal schools were a cancer that was being fought. There were constantly new ones being set up when others were closed down.  A provincial initiation task team was hard at work at tracking them, but unfortunately they were found only once there had been a death. Some schools had strangely become nomadic, which was not part of the culture, but monitoring teams went with police and were able to make arrests when they were found. Sometimes the police would arrive and initiates would simply run away and the school would be set up somewhere else. Sometimes farmers would complain that initiation schools were set up on their land, or that some of their sheep was missing and were being slaughtered.

He assured the Committee that the DTA was working with its monitoring task teams. The initiates were sometimes locked in a room, and task teams were then unable to find them. When boys were abducted, parents were informed after the children have been initiated. The DTA had advised that boys who were abducted should not be allowed into initiation schools, but this had been allowed to happen, because the traditional surgeons were not really traditional leaders, and did not carry the same responsibilities as traditional leaders. Provinces had to come together to resolve this issue.

Initiates were not taught gangsterism. There should be a curriculum on what people were taught at initiation schools. Initiates were taught how to pickpocket and engage in illegal activity at the illegal initiation schools. In most cases, an intoxicating substance was given to these boys, which was why it was referred to as gangsterism. Parents were not involved because they were not aware their children had been abducted. Some of the parents had not experienced initiation, so they did not know where to find their children.

Illegal initiation schools were about monetary benefits to the person performing the initiations. They forced parents to pay them a fee. The mothers should contribute to the discussion on initiation. This was done in the Ndebele culture. Mothers must be aware of this, as they needed to prepare food for initiates. Illegal schools did not make provision for this, but the Department was working on preventing this so that families took full responsibility for the initiations, and not only fathers.

When initiation task teams monitored the schools, they would ensure that conditions were adequate, that there was running water and that the schools had certificates to ensure that they were operating legally. Some parents sent more than one of their children for initiation at the same time, and if one of them did not pass the medical examination to ensure that they were fit for it, the medical certificate of the sibling who passed the exam was then used. 

Mr Ceza said it was agreed that the customary practice of initiation must be subject to the Constitution to protect children from gangsterism. He referred to the amendments in Children’s Act, and how the ages of children would be changed for initiation practices. This would also have a negative lifetime impact on how initiates were viewed. The loss of 13 lives was too many. Botched initiations were concerning. What proactive steps were being taken to prevent deaths going forward? He asked about the physical abuse of initiates and them being deprived of water. What was the approach to solving the biggest challenges? What multi-faceted approach would the DTA take to prioritise rural safety and prevent children from being taken away for initiation without the permission of their parents when it had been decided that they were at the correct age for initiation? Forced migration resulting from the apartheid system must be taken into account. People were confined to townships and they were not properly led. What action would be taken to ensure there was a direct connection between the DTA and the police? The socio-economic conditions that had emanated from these structures were an issue. Medical practitioners needed to be involved in the monitoring of communities. He felt the root causes of issues affecting such communities needed to be addressed. He had spoken about the continual reports on the Customary Initiation Bill in public and the media talking about leaders being killed, and the impact this had had.

Mr Sithole replied that initiation schools had to have water, as the initiates need to drink water and bath. The municipality must be approached for water tankers if there was no access to water. Initiates often refused to drink water, which led to dehydration and death.

He said three of the 13 initiates had died as a result of fighting, and had been shot in the process. The South African Police Service (SAPS) was dealing with this, and arrests were taking place. Progress would be provided on the arrests.

The amendment of the Children’s Act conflicted with the age for initiation in the various communities. In some communities, the age was 12 or 16, but the Children’s Act stated that the legal age for initiation was 18. The communities went against the Act due to their culture and customs. Winter initiations required risk mitigation strategies first before the schools could be approved. There was a need for transformation, and to learn from communities who practiced initiation correctly, where all initiates returned.

The national initiation task team was composed of various departments, such as the SAPS and the National Prosecuting Authority (NPA). All the departments involved did not always come to the party. For example, the Department of Arts and Culture had been approached a number of times, but had not played its role.  Customs were not static and must be changed. When monitoring teams went to illegal schools, initiates run away or were hidden. Traditional leaders were doing everything possible to ensure that this practice was prevented.

Ms Reshoketswe Mogaladi, Deputy Director- General (DDG), DTA, said the Customary Initiation Act provided that the legal age for initiation was 16.  The Act had fully covered human rights and abuses of initiates to ensure their rights were not violated. There were penalties and fines in the Act for those who violated the rights of initiates. Members of the national initiation oversight committee, which included the SAPS, the Department of Health and the National Prosecuting Authority, would be implementing most of the provisions of the Act.

Inkosi R Cebekhulu (IFP) said cultures, customs and traditions were not static. It seemed like very little had changed since the days of their grandfathers. He referred to unregistered and illegal schools and their challenges. The schools were situated in areas where traditional leaders resided. What did these leaders do when they saw illegal structures being erected? Why did they not expose these people and report them? It should be verified whether leaders at initiation schools were qualified. Who checked on whether individuals were qualified to initiate boys? The Department should take the initiative and speed up the process to ensure the unnecessary loss of life did not occur in future.

Ms Reshoketswe said the Customary Initiation Act made provision for principals and traditional surgeons to apply for this, and to receive certification. They needed to apply to the Provincial Coordinating Council. Applications would be assessed on the basis of meeting qualifying criteria. Those who qualified would be given approval letters. The Act also required training for those who participated in customary initiations.  This would ensure that those not performing their expected roles would be assessed according to a code of conduct. Those violating the code of conduct would be held liable and would receive prison sentences if required.

Mr G Mpumza (ANC) said the practice of initiation was being hijacked by bogus surgeons and charlatans. This posed a critical question. He asked why illegal schools were still being set up when the Committee had been trying to monitor them for so long. The monitoring capabilities of traditional structures had not been geared up appropriately. The Department and National Houses needed to consider strengthening their monitoring capabilities to be able to pre-empt these charlatans and illegal initiation schools. He referred to the meeting on 27 November 2020, attended by the DTA, the Traditional Houses, CONTRALESA and the CRL Rights Commission, on the suspension of the moratorium on initiation. The Eastern Cape had made a convincing presentation on the readjusted risk plan. It seemed so watertight that it would pre-empt any potential death, but despite this, 13 initiates had died. He asked if anyone had been held liable in the Eastern Cape for the deaths.

What lessons had been drawn from the 2020 December initiation season, given that it had been conducted during the COVID-19 period. The Department would be legally bound to provide support to the NIOC in the form of goods and services. He asked about the budget forecasting and what amount would be set aside for the oversight committee? How would the fees for traditional surgeons be decided? He hoped this would be standard throughout the country. He asked how mobilisation to prevent illegal and bogus surgeons from abducting young boys could be achieved. He stressed that illegal initiation schools needed to be prevented.

Mr Sithole said arrests had been made in connection with the deaths of initiates.

Ms Reshoketswe said the budget provided to the NIOC would be informed by the committee’s plan and its functions, as provided for in the Act. Resources would be provided in accordance with the plan. The budget could not be provided at present.

Fees for traditional surgeons should be standard across provinces, and the Act provided for this.

There was no legislation on the role of parents, but the Act did highlight that parents should have the responsibility to get medical certificates for the principal of the initiation school. Parents had to disclose medical conditions to principals, caregivers and traditional surgeons. Parents and children had to decide whether a child would be medically circumcised or not.

Ms D Direko (ANC) said young boys who were engaging in gangsterism preferred to go to initiation schools. This created a negative attitude towards the tradition. How were the illegal schools being prevented? She referred to someone she knew who had gone to an initiation school, returned home and fallen ill, and had then died shortly after being admitted to hospital. Were there basic requirements for admitting people as traditional surgeons, and were background checks conducted?

Mr Sithole said traditional leaders could not be found in townships, which was why they could not monitor or manage the illegal initiation schools. Pre-medical checkups had to be done.

The Chairperson referred to the commitments made at the meeting of 27 November 2020. She said 13 deaths had taken place in December, and initiations took place only in the Eastern Cape. Commitments had been made to protect the lives of initiates. What had happened to those responsible for the initiates’ deaths? Medical male circumcision should be included in the traditional procedures. Some initiates had had to experience amputation. The Committee had been assured that pre-medical screening would take place. She said SAPS should be involved in briefing the Committee in future.

She said parents did not play a role in initiation practices, yet the children who died belonged to families and their parents suffered at the end of the day. What role had parents been playing in initiations? Was there a mechanism to support the parents of children who had died in the illegal schools? She asked for clear statistics on the illegal schools in the Eastern Cape. How many people had been arrested, and what was the status of the prosecutions? She asked how this could be allowed to happen in communities. Had the DTA enforced the COVID-19 directives in the initiation schools?

Mr Sithole responded that there should be a monitoring team working alongside traditional leaders to ensure that initiates were protected and that intervention occurred early enough. He stressed that parents or a guardian must be involved in the initiation. Parents needed to be informed about how their children were being treated at initiation schools and what they were being taught. Parents needed to know who the leaders were that were involved in the initiation process.

Inkosi Mahlangu, Chairperson of the National House of Traditional Leaders, made brief comments. He said provinces differed on the ages for children to be initiated. The Eastern Cape had presented a risk-adjusted strategy in 2020 as it had been pressurised by parents. 13 initiates had passed on, but this was not due to COVID-19. Most initiates had died due to dehydration. Boys often discussed initiation at school and believed that drinking water would prolong their healing process. There were not many illegal initiation schools at present. Many people had been arrested, but he did not have specific statistics on this. There were no traditional leaders in Gauteng and the Western Cape, but the initiation committee responded speedily when required.

Nkosikazi Nomandla Mhlauli, Deputy Chairperson of the NHTL, said she and Mr Mahlangu had been part of the delegation on the risk-adjusted strategy. She confirmed there had been no COVID-19 related deaths. During June 2020, many had wanted to hold illegal initiation schools, but this had been successfully stopped. Most children who were abducted were staying with grandparents or mothers, where no fathers were present. The Eastern Cape leadership must be monitored and assisted even though they were doing everything they could to ensure illegal initiation schools were not present.

A representative from the NHTL said initiate deaths were worrying. The Eastern Cape was a unique province, as some provinces were doing well in respect of initiations. There should be benchmarking, and other provinces should be studied to see how they dealt with initiations. He commented that people faked medical certificates, and medical practitioners simply stamped medical documents when no examination had taken place, or when children were unfit for circumcision. This often took place in the Eastern Cape. He had cautioned parents about this and said they should not try to approve things that were beyond their control. Parents should rather have a man that came back from an initiation school alive, even if he was said not to be a man by the rest of the community.

He said traditional surgeons were not trained to assess medical files. If culture killed, there was a problem and leaders needed to come up with solutions. They could not continue doing the same thing hoping for different results. The Department must have a directorate, and have doctors working in partnership with traditional surgeons.

He emphasised that traditional leaders must be held responsible and that they should be trained. Sometimes people such as traditional leaders were disillusioned with the police and the Minister responsible, when they had reported that their lives were under threat. Some interventions had been attempted, but these had been unsuccessful. Traditional leaders could not manage shutting down illegal schools, as they were often told by police to open a case despite the urgency which required the police to act immediately, as initiates’ lives were at risk.

He said some traditional leaders did not want to work with leaders from other provinces. They sometimes perceived this as interference. This was particularly the case in the Eastern Cape.

Statistics would be provided to the Committee on illegal initiation schools. The DTA should take the role of initiation seriously. He referred to an official responsible for a toll free line to deal with issues on initiation in the past, and it had been found that this line was not managed properly. More pressure needed to be exerted and a budget must be drawn up to provide this kind of assistance. The budget around initiation must be increased. The matter needed everyone to work together and take the issue seriously. Some initiation schools were not accessible to the medical fraternity and this must be addressed.

The role of women in initiation schools was tricky. There was male and female initiation, but no male was involved in female initiation. There had been no issues on this. He added that he was not distinguishing between male and female.

Closing remarks

The Chairperson made brief closing remarks, and thanked all present at the meeting. She said the annual performance plans (APPs) of the DTA would be considered, to monitor whether they were addressing the issues relating to initiation.

The DTA had to increase its resource capacity, and the provincial initiation monitoring team in the Eastern Cape would be called to account to the Committee. She questioned the role of the Department of Social Development, and stressed that people needed to take responsibility for their actions and value the lives of the initiates. Support must be provided to the families of initiates who had died and inquest dockets must be opened where initiates did not die of natural causes. Statistics should be provided to the Committee by the following Wednesday. She stressed the importance of oversight.

The meeting was adjourned.

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