Clash of Cultures: The Controversy Over Virginity Testing in KwaZulu-Natal

IOL News

2 days ago

KZN Social Development MEC Mbali Shinga (left) and RCL chairperson Thoko Mkwanazi-Xaluva discussed virginity testing in their recent meeting.
Image: Supplied
A NEW decree on virginity testing is shaping to be an almighty clash between between culture and the Constitution.
The opponents will be Zulu culturists who are set to challenge the government's prescription, via the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL), that now prevents virginity testing of young girls in KwaZulu-Natal the practice below age 16.
With the annual Reed Dance ceremony months away, a massive and long standing tradition in the province, the new directive has added to the angst of cultural heads.
The commission's chairperson Thoko Mkhwanazi-Xaluva met Social Development MEC Mbali Shinga last week and directed that the testing of maidens below 16 was illegal and should be stopped.
But culturists have dug in their heels and vowed to defy the directive.
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Dr Nomagugu Ngobese, the founder of Nombukhubulwane Institute, a cultural body advocating for the preservation of African cultural practice was adamant that the practice will continue and will not be stopped.
Ngobese said the practice has helped to reduce sexual violence against children as the organisation conducts tests randomly. She said even perpetrators were scared to rape girl children who were being tested because they realised that testers would become aware that a child had been abused, and that the practice had helped to reduce cases where young girls had been repeatedly raped and could not report this due to fear.
'We will not stop our practice and no one will dictate to us how we raise our kids. We are doing this in the best interest of our kids, the same interest the government claims to uphold. Where is the harm in the practice? A rapist knows no age,' said Ngobese.
Furthermore, she accused the government of promoting sexual grooming of children by supplying condoms to schools. She also questioned the government's decision in allowing 12-year-olds to conduct an abortion of a pregnancy if those girls are too young for virginity testing.
In the meeting between Mkhwanazi-Xaluva and Shinga, Mkhwanazi-Xaluva raised specific concerns about child protection gaps in religious settings and cultural practices, such as virginity testing. She said unlike schools, where staff were thoroughly vetted and screened, many religious spaces lack such safeguards, thus leaving children vulnerable.
Mkhwanazi-Xaluva said her commission's constitutional mandate was to protect and promote the rights of cultural, religious, and linguistic communities while strengthening democracy and called on the provincial government to work together to ensure that children were protected from abuse and exploitation in all environments.
'Legislation clearly states that virginity testing may only be conducted on girls over the age of 16 who have provided informed consent. Test results must remain confidential, and marking girls on their foreheads is illegal," said Mkhwanazi-Xaluva
Shinga also acknowledged the growing concern around gender-based violence, religious exploitation, and lack of accountability in certain faith-based institutions. She noted that partnerships such as these were essential for crafting effective, long-term strategies to protect vulnerable communities.
'We remain steadfast in our commitment to upholding the rights of children and promoting their safety, as enshrined in our Constitution,' she concluded.
The commission's visit to the province came at time when mass virginity testing is set to start in preparation for the annual Reed Dance ceremony which is presided over by Zulu King Misizulu kaZwelithini. All maidens who attend the ceremony have to be tested before they are allowed to present their reeds to the king.
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