Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698058336332.pdf (Lesotho)
REPORT ON PROTECTION AND ADMINISTRATION OF CUSTOM AT INITIATION SCHOOLS BILL, 2022 PRESENTED BY THE PORTFOLIO COMMITTEE ON NATURAL RESOURCES, TOURISM AND LAND CLUSTER National Assembly P. O.

Box 190 Maseru 100 Phone: +266 22323035 Fax: + 266 22310434 0 REPORT ON PROTECTION AND ADMINISTRATION OF CUSTOM AT INITIATION SCHOOLS BILL, 2022 PRESENTED BY THE PORTFOLIO COMMITTEE ON NATURAL RESOURCES, TOURISM AND LAND CLUSTER National Assembly P. O.
Box 190 Maseru 100 Phone: +266 22323035 Fax: + 266 22310434 1 INTRODUCTION The Protection and Administration of Custom at Initiation Schools Bill, 2022 was presented before the House by the Hon.

Minister of Tourism, Environment and Culture on Tuesday, 22nd March, 2022.

The Bill was referred for consideration to the Portfolio Committee on Natural Resources, Tourism and Land Cluster (Annex1) in terms of the National Assembly Standing Order No.
51(5).The Ministry responsible for the Bill was subsequently invited to provide the Committee with the policy context, financial implications, contents and effects of the Bill as per the National Assembly Standing Order No.

54 (2).

Following the presentation and referral of the above-mentioned Bill, the Minister and officials held a briefing session relating to the Bill for the Committee on Wednesday 11th May, 2022.
After the session, the Committee held public hearings from 20th to 25th June, 2022 in six districts, which have different ethnic groups of indigenous Basotho who practice the initiation custom through their diverse cultural systems.
The gatherings consisted of both initiated and uninitiated people in the following areas:  Quthing – Tele and Tsatsane;  Mohale’s Hoek – Phamong and Mpharane;  Berea - Ha ‘Mamathe;  Butha-Buthe – Ha Marakabei; and  Mokhotlong – Thabang and Tloha-re-bue; 2 Mphorosane in Leribe was also in the schedule, but due to bad weather, the Committee was unable to make it.

This report therefore, presents before the House, the findings of the Committee during deliberations on the Bill.

1.
1.

MINISTERIAL BRIEF The Ministry explained that the main purpose of the Bill is to establish the National Council on protection and administration of custom at initiation schools, as a body corporate responsible for implementing the provisions of the law and achieving its objectives.

The Council is empowered to have employees, committees and other structures, including dispute resolution mechanisms for issues involving or related to initiation custom or related matters.
The affairs of the Council will be governed by the National Executive Committee constituted with initiated male and female members, including a legal practitioner who has been initiated.

The autonomy given to the Council is backed up by the establishment of National Initiation School Fund which will enable the Council to function without unnecessary interference by other authorities.
However, where the Government has injected any monies into the Fund, the Auditor General shall have authority to audit books of accounts.
It was also explained that the Bill also provides for the protection and administration of the customs at initiation schools with a view of: 3  Protecting, preserving and enhancing the use of Basotho’s custom and respect for the values enshrined in such cultural heritage;  Teaching customary values such as respect, discipline, patriotism for the benefit of present and future generations;  Ensuring full protection of the secrecy of Basotho’s custom; the Bill establishes Initiation Schools Tribunal which shall be the final body to dispose off disputes pertaining to initiation custom or related matters;  Preventing crimes at Initiation Schools; which will be the responsibility of the school owner (Ramophato), Principal Instructor( Mosuoe e moholo) and every initiated person ( Mobolli e mong le e mong); and  Facilitating collaboration between the Council and Government ministries, parastatals and other public institutions to incorporate environmental and social aspects, including community service in the School programmes.
The Bill prescribes the minimum age for initiation of both males and females as 18 years to ensure that children do not drop out of formal schools and go for initiation.

In this regard, the Bill ensures that a person gets initiated at an age whereby he or she is able to give consent to be initiated with a full understanding of the consequences of the decision.

Similarly, it upholds the protection of a child’s welfare and rights as enshrined in the Child Welfare and Protection Act, 2011.
The Bill aims at achieving the following National Strategic Development Plans II objectives:  Enhancing documentation of heritage resources; 4  Improving public awareness on importance of cultural and heritage resources; and  Developing guidelines for effective management of heritage resources.
The Bill also domesticates Lesotho obligations under 2003 UNESCO Convention for the Safeguarding of Intangible Cultural Heritage including the following: a) To safeguard the intangible cultural heritage; b) To ensure respect for the intangible cultural heritage of the communities, groups and individuals concerned; c) To raise awareness at the local, national and international levels of the importance of the intangible cultural heritage, and of ensuring mutual appreciation thereof; and d) To provide for international cooperation and assistance.
Sitting allowances for the National Executive Committee members and other committee members of the National Initiation School Council and other administrative costs will be incurred during the implementation of this Bill.

2.

STAKEHOLDERS CONSULTATIONS The majority of members of the public believe that the law which regulates the initiation custom is necessary in Lesotho.
In all the five districts in which the public hearings were held, it has been, generally, indicated that the Protection and Administration of Custom at Initiation schools Bill, 2022 will 5 help to protect the initiation custom from misuse as well as to protect children below the age of 18.

The public also emphasized that matters pertaining to initiation customs in public offices should be handled by people who have been initiated e.g.

police stations, courts and clinics.


Furthermore, members of the public indicated that once enacted, the law must be implemented and that the Government needs to assist initiation schools owners to pay principal instructors; they argued that the principal instructors represent the Chief in an initiation school.
It was also suggested that psychiatrist should be available at the offices of the Principal Chiefs for the benefit of the people who like to set up an initiation school or to become principal instructors.
While members of the public generally welcomed the sanctions provided for in the Bill, they raised a specific concern that Members of Parliament and other public officials involved in the enactment of the Bill should be aware that some traditional punishments which are applicable under the customary law will continue to be applied by initiated people, such sanctions cannot and should not be written in the Bill as they form part of the confidential element of the initiation custom.

3.
3.

CONSIDERATION OF THE BILL CLAUSE BY CLAUSE a) In Clause 4, interpretation of “Basotho”, line 1, after the word “of”, insert the word “indigenous”.

b) In Clause, interpretation of “child”, line 2, after the word “above”, add the words “in an initiation school”.
6 c) In Clause 6, add a new sub-clause (3) as follows: “(3) A Chief or the representative referred to in subsection 2 shall appoint one initiated female or one initiated male to represent him.” d) In Clause 9 subclause (1)(a), line 1, after the word “initiated”, insert the words “who represent each indigenous groups of Basotho”.

e) In Clause14 subclause (1)(c), line 2, delete the word “Council” and substitute with “Committee”.
f) In Clause 14 subclause(2), line 5, after the word “section” delete reference “8” and substitute with “9”.

g) In Clause 19 subclause(1)(a), line 1 , after the word “has”, delete the words “a minimum of” and substitute with “at least an LLB degree and”.

h) In Clause 21, delete “sub-clause (2)” and re-number sequentially.

i) In Clause 22 subclause(2)(c),after the word “of”, delete “unsound” and substitute with “sound”.
j) In Clause 22 subclause(2)(d),line 1,before the word “has” insert the words “has forty years of age and”.

k) In Clause 22 subclause(2)(d), line 2, delete the word “five” substitute with “ten”.

l) In Clause 22 subclause(2)(d), line 2, after the word “initiation” delete the semicolon “;” and substitute with “,or has an experience of twenty years”.

7 m) In Clause 22 subclause(3), line1, after the word “own”, insert “or”.
n) In Clause 22 subclause(4), line 2, after the word “fine, delete “of” and substitute with “not exceeding”.

o) In Clause 24 subclause(c), after the word “age” delete the words “in the case of case of a principal instructor”.

p) In Clause 24 sublcause(d), line 2, after the word “initiation”, delete the words “in the case of case of a principal instructor”.

q) In Clause 25 subclause(1)(b), line 2, after semicolon “;” delete “and”.

r) In Clause 25 subclause(1)(c), line 2, after semicolon “;”, add “and”.
s) In Clause 25 subclause(1), add a new subclause (d) as follows: “(d) be exemplary in society and a law abiding citizen.” t) In Clause 28(1), line 2, delete the words “is six months divided in accordance with timing within the calendar month, which has been approved by the Principal Chief after consultation with the initiation school committee” and substitute with “shall be in accordance with schedule A”.
u) In Clause 28, add a new sub-clause (3) as follows: “(3) The Minister may, after consultation with the NEC, amend the Schedule.” v) In Clause 29, add a new sub-clause (2) as follows and re-number sequentially: 8 “(2) the corpse of a child who dies at an initiation school shall be handed over to the parents to bury the corpse.” w) In Clause 31, add a new sub-clause (3) as follows and re-number sequentially: “(3) Where a person is considered to have made an indirect application to be initiated, the chief shall be consulted before the person is taken to the school.” x) In Clause 33, delete “sub-clause (3)” and re-number sequentially.
y) Insert Schedule A into the Bill as follows: SCHEDULE A Section 28(1) ETHNIC GROUPS IN LESOTHO MINIMUM PERIOD Basotho Xhosa 6 Months 1 Month 4.

RECOMMENDATIONS After a thorough scrutiny of the Bill, the Committee recommends that the Bill be passed as amended (Annex2).

9 5.

CONCLUSION Having considered the Bill, the Committee resolved to submit this Report to the House for adoption.

10 MEMBERS OF THE COMMITTEE 1.

Hon.

K. Mathaba (Chairperson) 2.

Hon.

M. Moletsane 3.

Hon.

M. Tsatsanyane 4.

Hon.


P. S. Molefi 5.

Hon.

T. Kholumo 6.

Hon.

K. Mokhethi 7.

Hon.

S. S. Sekhamane 8.

Hon.

T. Tsolo 9.

Hon.

M. M. N. Moremoholo 10.

Hon.

T. Ramatla 11.

Hon.

K. Rants’o 12.

Hon.

N. Makoae 13.

Hon.

L. D. Kompi 14.

Hon.

S. Ntsekele 15.

Hon.

M. ‘Muso 16.

Hon.

M. Sello 17.

Hon.

M. ‘Molotsi 11 18.

Hon.

T. G. Manyooko 19.

Hon.

M. Mahapa 20.

Hon.

M. Ntlama 21.

Hon.

C. Phori 22.

Hon.

L. Hlalele 12