As South Africa observes National Child Protection Week, the CRL Rights Commission has emphasized the urgent need to strengthen safeguards for children—not only in homes and schools but also within cultural and religious spaces. Chairperson Thoko Mkhwanazi-Xaluva has raised concerns over gaps in child protection, particularly in practices like virginity testing, initiation schools, and unregulated religious activities involving minors.
Cultural Practices Must Comply with the Law
Mkhwanazi-Xaluva stressed that while cultural and religious rights are protected under the constitution, they must align with the Bill of Rights and existing laws. “The constitution is more important than any cultural belief,” she asserted. “The protections we get from the constitution, like human dignity, should trump over all other beliefs.”
One contentious issue is virginity testing for girls under 16, which the Children’s Act currently prohibits unless amended. Mkhwanazi-Xaluva clarified that while the commission respects cultural traditions, compliance with the law is non-negotiable. “If communities want to challenge this, they must engage Parliament for amendments—but until then, the law must be respected,” she said.
Calls for Mandatory Vetting in Religious and Cultural Spaces
The CRL Rights Commission has identified a critical lack of vetting for individuals who interact with children in religious and cultural settings. This includes pastors, traditional healers, and those conducting virginity testing or initiation ceremonies.
“Religious leaders run Sunday schools and youth ministries, yet they aren’t vetted to determine if they should have access to children,” Mkhwanazi-Xaluva noted. Similarly, traditional surgeons and nurses in initiation schools often operate without oversight, despite working with minors as young as 16—or even younger in some cases.
The commission proposes a mandatory registration and vetting system akin to those for teachers and social workers. “You can’t refuse to be part of a nation that prioritizes child protection,” Mkhwanazi-Xaluva stated. “Legislation must ensure that anyone working with children meets safety standards.”
Pushback and Practical Challenges
Acknowledging potential resistance—particularly from evangelical churches where leaders often claim divine authority—Mkhwanazi-Xaluva remained firm. “A calling doesn’t exempt you from safeguarding children,” she said. The commission seeks enforceable laws to ensure compliance, rather than outright bans on cultural practices.
Balancing Culture and Child Rights
When questioned about reconciling cultural traditions with constitutional protections, Mkhwanazi-Xaluva reiterated that cultural practices must not violate children’s rights. “The constitution secures cultural beliefs, but they must be compliant,” she said, citing dignity and consent as non-negotiable principles.
As debates continue, the CRL Rights Commission urges communities to engage legally if they seek changes—while emphasizing that child welfare remains paramount.
For now, the message is clear: South Africa’s laws will not bend to traditions that endanger its children.