Ten thousand rands or ten years in jail is the penalty now faced by circumcision practitioners in the Eastern Cape who do not observe certain health standards.

The new legislation is aimed at stemming the tide of casualties of young men who have either been maimed or have died following botched circumcisions.

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Circumcisions are performed on young men of the Xhosa tribe as they reach the age of 18 and forms part of the ritual admitting them to manhood.

A rise in casualties

However, after many years of apartheid, social upheaval and poverty, the practice in recent years has been marked by inexperienced practitioners, unhygienic conditions and a resultant rise in casualties.

Each year hundreds of men are admitted to hospital with infected wounds, many of whom have had to have their penises amputated and many of whom die. The issue of regulating the practice has become a political one as traditional practices battle modern medicine and a modern way of life. The latter enjoys protection under the new constitution, but not the former.

New health standards

The Application of Health Standards in Traditional Circumcision Act in the Eastern Cape legislature provides for the observation of health standards in traditional circumcisions with the penalties of R10 000 or ten years’ imprisonment for defaulters.

It also provides for the regulation of people qualified to perform the ritual and regulates ‘circumcision schools’. The boys are usually circumcised during these lessons on how to be men according to the Xhosa tradition. These instructions can last several days.

Opposition from traditional leaders

The law has been vigorously opposed by traditional leaders in the Eastern Cape, who are irked by the appearance of women in the legal process as well as by what they view as the infringement of ancient traditional practices. Women were on the political team that introduced the law, and according to tradition, women have no place anywhere in the rituals of manhood. The new law makes it compulsory for parents or guardians to give permission and requires that in all but exceptional circumstances, the young men cannot be younger than 18 years of age.

Only recognized traditional practitioners may perform the operation, and they must have the permission of a medical officer designated in the area.

The medical officer has to give his permission too for each circumcision school. The acting health minister of the province, Max Mamase, said the law was not to regulate the traditions but to improve the health standards of certain practitioners whose methods were having a detrimental effect on the health of young men.

The Congress of Traditional Leaders (Contralesa), however, has called the law ‘an insult to our tradition’. With little more than a month to go to the next circumcision season, the leaders have vowed to stop medical officers from having anything to do with the process. Contralesa’s proposals, the organisation claimed, had been ignored. The law provides for doctors – including women – to be present, and this was against tradition.

Information from the Health Systems Trust

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