CGE ANNUAL REPORT

2022/23 ANNUAL REPORT

Between the maintenance problems, parental plans, social systems, mediation and the justice system, there is poor execution of seamless duties to arrive at a satisfactory resolution. This result is the principle of the best interests of the child often being unattended and neglected. Thirdly, the role of finances on both fathers and mothers extends far beyond the issues of maintenance of the child. The financial burden of battling to gain contact through the courts and through paid services increased financial strain on all parties. Lastly, the CGE concludes that all these factors ultimately disadvantaged the child and were not always in their best interests. Whether it was the mother, father or the systems involved with protecting the rights of those involved, children always bore the brunt of the battles. While this study covers the rights of the father in respect of contact with his child/ren, it is often the child who suffers most when such disputes occur and are not resolved. 1.2.2. Research Study 2: Illegal Initiation Schools in SA The Commission for Gender Equality undertook this study primarily to assess the plight of young men when undergoing the rites of passage to manhood through the process of traditional initiation, which includes but is not limited to the ritual of circumcision (male circumcision is the partial or full removal of the foreskin of the penis). The project was motivated by widespread reports in the news over the past few years about incidents of young men being subjected to harsh conditions of existence by illegal initiation schools, often leading to violations of their gender rights (i.e. their health and reproduction rights), as well as their human rights. Numerous media reports over the years have exposed incidents of severe physical injuries, including death, at the hands of unscrupulous initiation school operators. The CGE’s concern is driven by its constitutional mandate and obligation to protect and promote the rights of both men and women to be treated equally. The main aim of this study was to explore the causal factors that lead to the establishment and persistence of illegal initiation schools. This will assist in developing measures that can be put in place to remedy the situation by preventing this scourge and protecting the lives of the victims of such atrocities. Conclusions of the Study: Firstly, we conclude that the current policy and legislative framework that governs or regulates the practice of traditional initiation and circumcision in the country is fragmented, with various discreet aspects of the practice regulated by various pieces of national and provincial legislation, as well as local government ordinances. This creates a disjointed legislative and regulatory regime which lacks the necessary national consolidation to ensure country-wide coordination and consistency, as well as standards for service quality control, monitoring, and oversight. Secondly, our conclusion is that due to the lax legislative and regulatory system (and poor enforcement) within which the practice of traditional initiation and circumcision takes place in various parts of the country, this environment has encouraged the emergence of illegal, unregistered as well as fraudulently registered initiation schools alongside the registered initiation schools across the country.

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