Chairperson of the CRL Commission, Prof David Luka Mosoma Deputy Chairperson of the CRL Commission, Dr Sylvia Mamohapi Pheto

All Commissioners of the CRL Rights Commission Deputy Chairperson of the National House of Traditional and Khoi-San Leaders, Nkosi Langa Mavuso. Ah! Zwelidumile, Bhele!

Chairperson of the National Initiation Oversight Committee, Nkosi Mahlangu, Nzuza! Members of the Executive of the National House of Traditional and
Khoisan Leaders Members of the National House of Traditional and KhoiSan Leaders Members of the Provincial House of Traditional and Khoi-San
Leaders

The Leadership of CONTRALESA The Leadership of National Khoi-San Council Chairperson of the Portfolio Committee on Cooperative Governance and Traditional Affairs, Hon: Mr. Fikile Xasa Members of the Portfolio Committee on Cooperative Governance and Traditional Affairs Members of the Provincial Initiation Coordinating Committee President of CONTRALESA, Kgoshi Mathupa Mokoena Hon: Zolani Mkiva, General Secretary of CONTRALESA, Khegqwa!

Fellow Traditional Leaders The Non-Governmental Organizations and Academic Institutions Senior Government Officials Members of the Media
Ladies and Gentlemen, and Esteemed Guests

Programme Director, Mandibulise, Greetings to All Delegates! Let me first extend an apology by the Minister of Cooperative Governance and Traditional Affairs Ms Thembisile Nkadimeng, Mpembe! As the department, we welcome the initiative by the CRL Rights Commission for convening the National Initiation Indaba. This Commission carries a constitutional mandate to strengthen our democracy, the Commission carries the role to protect and promote the cultural, religious, and linguistic community rights.

I am especially encouraged by the presence of Traditional and Khoi-San Leaders, civil society, and other key role players who share the common purpose of ensuring that the practice of customary initiation as part of our cultural heritage continues to be our cultural pride.

The initiation ritual has its purpose to transform boys into men, whilst Circumcision is one of the tenet procedures performed. The ritual aims to instill good moral and social values. Due to socio-cultural shifts, the practice of initiation has changed and this has culminated in instances of criminal activity, drug abuse, risky sexual behaviours, and inhumane behaviours among some of the initiates.

His Excellency, President Ramaphosa in 2021, signed into law the Customary Initiation Act, which commenced in September of the same year. The main purpose of the Act is to protect lives, prevent all forms of abuse that initiates may be subjected to as a result of initiation practices, and regulate initiation by providing acceptable norms and standards.

Our country is a constitutional democracy and as such it is governed by the rule of law, the concept of “Rule of Law” refers to a state in which people are governed according to laws that are just and fair, and which apply to all people equally. The Rule of Law, in terms of our constitution, is the most basic form, is the principle that no person is above the law. One of the African Law exponents, Chief Justice: Adetokunbo Ademola states that Quote “The rule of law is not a western idea, as soon as you accept that man is governed by law and not whims of men, it is the rule of law, that should be respected by its people as it is meant to protect its people.” UnQoute.

PROF MOSOMA AND CRL RIGHTS COMMISSIONERS:

We have the law that the President has signed and the law that is meant to protect the lives of the initiates, the law is very clear in the security cluster that
includes the justice system are compelled to work together to ensure that there is enforcement of the law. I am directly saying let the police play their role in the enforcement of the law. In my programme, I will be meeting with my counterpart the Deputy Minister of Police and Justice, as well as the National Prosecution Authority with the aim of ensuring that all stakeholders understand their legislative responsibility as per the new law.

It is my strong assertion that we have the law that should be implemented and in doing so perpetrators should be prosecuted, and a maximum
sentence be given to send a clear message to the criminal syndicates pretending to be Traditional Surgeons.

Whilst the Act provides for the establishment of oversight and coordinating structures to ensure that initiation takes place in a safe environment, such as the National Initiation Oversight Committee (NIOC), the Provincial Initiation Coordinating Committee (PICC), District Initiation Forums and the Local Initiation Coordinating Committees, these structures are there to provide support to the Provinces to ensure compliance with and implementation of
the Act.

CHAIRPERSON OF THE NIOC, NKOSI MAHLANGU! NZUZA

The NIOC and the PICCs cannot achieve the goal of safe initiation practices. Whilst the Act provides for the National House of Traditional and KhoiSan Leaders, to play a significant role that includes developing criteria to be used for the purposes of the screening of principals, traditional surgeons, caregivers, and traditional health practitioners, developing minimum requirements for the registration of traditional surgeons, and developing acceptable standards relating to discipline at initiation schools.

Whilst this good work is being pursued it is important to note that part of the shortfall from the department is that it has not been costed the legislative mandate and expecting the provinces to make means to fund the provision of the legislation. I suppose it is the anomaly that we must find ways of correcting, as I do believe that any legislative process to be successfully implemented should be funded as legislation is progressive
by nature, it is not stagnant.

NIOC and the PICC roles are that of ensuring an effective intergovernmental system that is based on the principle of cooperation between the three spheres of government – local, provincial, and national, as well interdepartmental collaborations.

FELLOW TRADITIONAL LEADERS

It is not debated that traditional leaders are the custodians of culture, and they have a fundamental role in creating a conducive environment that will
enable the implementation of the Customary Initiation Act. I however find this statement as injudicious in the manner that it is used, as it does not
accord the traditional leaders with necessary resources and capacity to ensure that the law is fully implemented.

Whilst the Act, in general, is underpinning the principles that traditional leaders are encouraged by the legislation as it provides a good framework for legal intervention to ensure that safe initiation is practiced and that the lives of initiates are protected. We all agree that “One Death is One Too Many”.

The intervention by the government should be that of a Cooperate Governance approach that all spheres of government work in collaboration to achieve our goal of “Zero Initiation Deaths” is achieved. This is the time that our law should show its effectiveness without fear as any death of a child whether it is in a legal or illegal school it is a negative reflection of this important cultural rights practice, as we say one death is one too many.

PROGRAMME DIRECTOR

The department has been consistent in advocating the message that, “The Initiates Must Go to the Initiation Alive and Come Back from Initiation Alive”.

I do not want to stand here for the sake of talking and making a good speech as if it is “Business as Usual”, not under my watch. I want to commit the Director General of the Department of Traditional Affairs, that during the upcoming winter initiation season, the department would conduct awareness and advocacy campaigns on safe initiation and ensure that there is promotion of compliance with the provision of the Customary Initiation Act. The department is the custodian of the legislation, we, therefore, cannot dump our responsibilities on the Provinces to take action and educate role players and members of the public on the provisions of the Act. There is a collaborating duty and we cannot abdicate our responsibility as a government and its institution of traditional leaders.

Ladies and gentlemen, together we can guarantee the protection of this important and sacred treasure of our people and realise incident-free customary initiation seasons with ‘zero deaths, injuries, kidnappings, and illegal schools’.

IN CONCLUSION

Our collective cooperative responsibility is to restore the dignity and integrity of the practice, the time to act is now, and I would further commit the
the department that such informative sessions should be held across all provinces, starting with Eastern Cape, before the start of the winter initiation
season.

Programme director let me close with the words of Henry Ford, quote “Coming together is a beginning. Keeping together is progress. Working together is a success.” Unquote.

I would further like to see the department presenting a plan to the Ministry Troika that is Minister Nkadimeng, Mpembe! Deputy Minister Tau, Kwena! And “A National Initiation Intervention Plan” for us to present MINMEC for their provincial inputs and ultimately for Cabinet approval as the government’s universal strategy. We are the leadership that is characterised by the principles of being Available, Accessible, and Visible, by this I mean I am appointed to serve the Institution of Traditional leadership and together we shall make the difference we desire.

Let me conclude where I started and I state that, the rule of law, therefore, is a maxim of moral political action and not a perception or just ethical reflection. The rule of law is designed to cover all social conduct and its inner morality is due entirely to its defining characteristics. The law must be generally promulgated, not retroactive, clear by consistency, and not impossible to perform and people must abide by their rules. Without the rule of law, it will be easy for people to commit crimes and they will take the law into their own hands. It is necessary for us to have and respect the rule of law as outlined in the Constitution.

Some of the perpetrators are known members of the public let us warn them that the maximum sentence proposed by the Act, they will experience in their life time if they continue with breaking the rule of law. I wish you all well in your deliberations in the main the four identified critical Commissions to provide guiding principles:

1. How can we eradicate a high number of deaths rates during the
   initiation season.
2. How can we create a conducive environment of acceptable norms and standards to prevail during the initiation season without
   compromising the lives of the young men.
3. How could we prevent illegal and botched circumcisions in schools
   contributing to a high death rate in some regions.
4. What interventions and strengthening strategies can we come up with to assist victims of botched circumcisions to regain their dignity?

Chairperson, I will be waiting for the outcome of the indaba to ensure that we incorporate them to the government’s overall intervention strategy. Allow me to encourage the delegates to this Indaba, that the deliberation should be realistic, we all know the challenges let us act now. Let us ensure that initiation as part of culture is progressive in the development of our communities and that no parents should mourn the death of their children from their commitment to practice their cultural rights, as a result of criminal elements.

I will always remind us all especially the department, Sizosebenza, it is not a promise but a commitment to ensure that it is not going to be ‘Business as Usual’, we are a government and we will ensure the constitutional mandate to protect the initiates through enforcement of the rule of law is achieved.

-I Thank You