Male Circumcision and The Law
Nozipho Mvulane
In South Africa, male circumcision is legal and widely practiced for various reasons, including cultural, religious, and medical factors. The legality of male circumcision is primarily governed by the Children’s Act 38 of 2005 and the National Health Act 61 of 2003.
A Rite of Passage
In South Africa, male circumcision is commonly performed for cultural and religious reasons among various ethnic groups, such as the Xhosa, Zulu, and Sotho. It is often seen as a rite of passage or a symbol of initiation into manhood. Many families and communities consider circumcision an important tradition and continue to practice it.
Medical Perspective
From a medical perspective, male circumcision has been shown to have potential health benefits, including reduced risk of acquiring certain sexually transmitted infections (such as HIV), urinary tract infections, and penile cancer.
The South African National Department of Health, along with international organizations like the World Health Organization (WHO), recognizes the potential health benefits of male circumcision and promotes its practice in certain contexts.
Legal Aspects
In terms of the legal aspects, the Children’s Act generally protects the rights of children in South Africa, including their right to bodily integrity. However, the act allows for circumcision of male children under certain conditions. Section 12 of the Children’s Act permits circumcision if it is performed by a medical practitioner or a person with the necessary skills and training, and if it is in the best interest of the child. This provision recognizes the cultural and medical importance of male circumcision while still safeguarding the rights and well-being of children.
Application of Health Standards in Traditional Circumcision Act
The Application of Health Standards in Traditional Circumcision Act 6 of 2001 is aimed at regulating the traditional circumcision practice and at setting health standards to be followed by the traditional attendants. The Application of Health Standards in Traditional Circumcision Act requires:
- initiates must have reached the legal age for circumcision;
- initiates must evidence parental consent;
- pre-medical examination of initiates;
- initiates must have access to water; and,
- provision for inspection and monitoring.
Consent to being circumcised
It’s worth noting that consent is a crucial aspect when considering male circumcision. The child’s parents or legal guardians must provide informed consent for the procedure, and the child’s best interests should be considered. Medical professionals are typically involved in performing circumcisions, and they adhere to professional guidelines and ethical standards to ensure safety and proper care.
Rights of the Initiate
It is the right of the initiate to:
- receive health education, good quality healthcare and counselling;
- adequate supervision by an adult or care-giver you trust;
- an approved traditional surgeon/ healthcare practitioner to perform the circumcision;
- clean hygienic equipment; and
- demand the registration certificate of a prospective initiation school.
The initiate must also communicate any problems that they may be having to their parents and guardians, caregiver, healthcare worker, social worker, friend, etc.
Reporting Illegal Initiation Schools
According to the 2021 Illegal Initiation Schools in South Africa 2021 Assessing Risks To Boys And Young Men Compiled By The Commission For Gender Equality, states that the legal framework and application of initiation schools should be strengthened. It further states that:
“Over the years, government departments in the Eastern Cape, mainly the Department of Health (DOH), the South African Police Service (SAPS) and the Department of Cooperative Governance and Traditional Affairs (COGTA), together with the House of Traditional Leaders (HTL), have been running campaigns against illegal circumcision schools and illegal traditional surgeons. These are schools that are not registered with and endorsed by the provincial HTL and other relevant bodies. Illegal circumcision schools are often run by unregulated traditional surgeons who are not trained and recognised by the DOH. It has been argued that illegal circumcision schools are constantly in conflict with the law, as they often do not follow required regulations.”
This constant conflict has led to the disfigurement and sometimes even death of the initiates. To find out about registered initiation school, it is important to enquire and consult relevant authorities within your province as specified by your province’s Department of Traditional Affairs or Health.
Medical male circumcision is available at many public and private healthcare facilities such as hospitals, clinics and mobile units should one choose not to go to a registered initiation school.
It is also very important to report any illegal or unregistered initiation school to the nearest police station.
For further information of any of your legal needs, please contact Rajaram Mvulane Attorneys at info@rajarammvulane.co.za or on 073 2777 973.
Article Disclaimer
This article is not intended to provide legal advice. This article is a general information sheet and should not be used or relied on as legal or other professional advice. This article is based on research regarding laws and may be subject to change. No liability can be accepted for any errors or omissions nor any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE).
