SOUTH AFRICA: Virginity test ban goes unheeded

Despite the passing of the Children's Act last year, which outlaws virginity testing of girls younger than 16 years, thousands of Zulu maidens across KwaZulu-Natal are undergoing virginity testing in preparation for the Reed Dance at KwaNongoma, near Ulundi, at the weekend.

Most of the girls undergoing testing are younger than 16, and the Act stipulates that failure to comply with the age provision could end in those conducting the tests being arrested.

But amaqhikiza (heads of maidens) and Zulu traditionalists charge that the Act interferes with their culture and was passed without their input.

One of the women responsible for testing in the Nobamba Traditional Authority, outside Ulundi, said hundreds of girls had already been tested in her village.

"In our village, we tested more than 200.

"But more testing is still to take place as we could not finish all of them over the weekend.

"We start from the 10-year-olds upwards. The issue of the law was raised last year, but our seniors said we should carry on with the tradition and leave the law to them," said the woman, who spoke on condition of anonymity.

Nomagugu Ngobese, of the Nomkhubulwana Culture and Youth Development Organisation, which is based in the Midlands, said virginity testing was under way across the province.

"There is no way we are not going to test them. Remember, only virgins are allowed to go to the king's palace for the Reed Dance. This custom is meant to protect our young girls from abuse and HIV and AIDs.

"Those who passed the law are only doing it for themselves and we know nothing about that law.

"Not a single person has died because of virginity testing. In the Xhosa tradition, boys die while undergoing initiation to manhood, but no law has been passed to stop this Xhosa tradition. We have been doing this for years and no one is going to stop us, and we are not begging the government to allow it," said Ngobese.

It is not clear who should be enforcing the Children's Act.

Linda Naidoo, the director of Childline KwaZulu-Natal, said the organisation had repeatedly said that it was no use having the legislation if communities were not adequately involved in its crafting.

"It could be that communities are not aware that they are violating the Act.

"But it is important to put adequate mechanisms into place to ensure that implementation of the Act is adequately monitored," she said. A member of the former family violence, child protection and sexual offences unit, who did not want to be named, said it was difficult to enforce the law.

"In the build-up to the Reed Dance ceremony, it will mean raiding virginity testing ceremonies in all the villages across the province and then opening thousands of cases.

"No one has so far opened any case and we have not investigated any violation of this Act," he said.

The social development department did not respond to inquiries regarding the implementation and enforcement of the Act.

Meanwhile, maidens are expected to bare it all at the Reed Dance in defiance of King Goodwill Zwelithini's suggestions that they should cover up.

The king had warned that maidens made themselves vulnerable to exploitation by showing up "half naked" for the event, and suggested that they should cover up.

However, some Zulu maidens who will be bussed to the event, said the king's call was ill-timed and would not only deprive them of a chance to proudly show off their bodies, but would also require them to spend money on expensive new regalia.

Further information

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