Harmful traditional practices, (male circumcision - Electronic Thesis ...

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Osizweni in KwaZulu – Natal. 225 This had caused an outrage against the practice
of virginity testing by gender activists. 226
According to Aldeeb Abu-Sahlieh ;
“…Age in itself is not a guarantee of informed consent. For example, an 18- year old
woman who lives in a traditional milieu has little possibility to refuse a circumcision if
this milieu feels this practice is part of its convictions and traditions. … Also, if a person
converts to Islam or Judaism, it is possible to visualize a religious environment that emits
spiritual threats to uncircumcised persons, thus invalidating free consent.” 227
The above submissions clearly call into question the voluntary nature of the
initiation process as well as virginity testing. In the light of the extreme peer
pressure on children to partake in traditional cultural ceremonies, the provision
that children can refuse circumcision is also called into question. The fact that
an age limit of 16 has been set for both cultural practices is in no way a
guarantee that younger girls will not be exposed to virginity testing. The above
facts show that girls as young as six years of age are being tested. What puts
children at further risk of harm are the public submissions made by traditional
leaders that they will defy the Children’s Act.
The establishment of the age threshold of 16 years was the result of a
compromise between the National Assembly and National Council of Provinces
after a reopening of the debate after the initial proposed banning of virginity
testing by the National Assembly. 228 The spokesperson for the National House
of Traditional Leaders, Sibusiso Nkosi, had expressed the dissatisfaction of
225
Maharaj A, “Virginity testing: a matter of abuse or prevention?”, Agenda 41 1999 at 96.
226
Ibid, p 96.
227
Aldeeb Abu Sahlieh SA “Male and Female Circumcision, Among Jews, Christians and Muslims,
Religious, Medical, Social and Legal Debate” foreword by Marilyn Fayre Milos, Shangri-La
Publications at 346.
228
See fn 203 above at p 4.