Tradition, religions need to be regulated

Thoko Mkhwanazi-Xaluva is the first to admit that she is a traditionalist at heart.

But she says traditional affairs should be practised in their purest form and, where necessary, Western medication should take over to save lives.

She describes herself as an African feminist who knows where she comes from.

She acknowledges that although most traditional practices were introduced with good intentions, some traditional leaders are not following proper procedures.

For instance, she says virginity testing is an important practice that helps young girls to maintain their pureness until they are ready for sex. But it has to be done in a non-invasive way.

She attended this year's reed dance in KwaZulu-Natal, and says there are many young girls who want to retain their virginity.

"If I had a daughter I would be proud if she were part of the practice," says Mkhwanazi-Xaluva.

The practice of ukuthwala (arranged marriage) has been distorted, and she wants this to change. "This [ukuthwala] was done to help two people who were in love but did not have money for lobolo to mitigate that obstacle.

"Abducting is wrong and I addressed this with several traditional leaders."

Mkhwanazi-Xaluva, who hails from KwaZulu-Natal, heads the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL).

At the moment she is at the centre of a storm, pushing for traditional healers and all religions to be regulated.

She wants all religious organisations, from Muslims, all Christian denominations - including Jehovah's Witnesses, Apostolic, Zion - Hindus and Jews to appear before the commission to declare their financial reports and their leaders' qualifications and if they are registered.

Mkhwanazi-Xaluva says religion has been commercialised. "I want Muslims to come and explain what halaal [permitted] is, what water or halaal food does.

"There are adverts by traditional healers that they can multiply people's money. They must explain how this is possible."

In the case of churches, she says the country cannot have people becoming pastors just because they had a vision.

"They just buy chairs, tables and get a marquee without any qualifications and run a church. They marry people, they preside over funerals and they are not qualified to do the job."

She says while there are churches that are members of the South African Council of Churches that do not want to appear before the inquiry, politicians have also made calls to her about the process - she laughs out loud, refusing to name them.

"Politicians are agitated. Some church leaders have sent them to speak to me on their behalf. I will not back down. And those politicians, I just told them I hear you and I will speak to the church leaders myself."

Church leaders are visibly shaken by the process. Mkhwanazi-Xaluva sees this as a positive, given that these church leaders wield a lot of influence. The infamous pastor Penuel Mnguni, known for making his congregants eat snakes, has disappeared since the start of the hearings. "Any black person is scared of snakes. How do you make them believe they can eat snakes? He controls their minds. We need to dislodge that," she says.

Her job is interesting because, while her task is to rein in those that go against the people's rights, there are people who are willing participants in these activities.

"I am dealing with issues of culture that are highly contested, like religion.

"Virginity testing and circumcision are issues. Church leaders should treat members with dignity."

She hopes the report on the probe into churches will be ready by April when it will be tabled in parliament - with proposals around regulating churches.

Mkhwanazi-Xaluva has travelled around the country visiting traditional leaders who run circumcision schools to get to the bottom of the high number of initiate deaths.

"Some traditional leaders questioned why a woman would call them to account.

"I told them that the minute there is an ambulance called to the school or a mortuary arriving to collect bodies then their business becomes my business.

"I have been firm with them and told them I am not going to back down. There is talk of legislation around circumcision schools and I will not rest until no child dies when they [go] there."

She has tried to convince traditional leaders in Eastern Cape that they should work with young professional doctors who are traditionally circumcised.

"They are not open to the idea but these doctors can help to curb the deaths. It is a sensible thing to do. We need to incorporate medical knowledge in South Africa into traditional methods.

"I am not saying abandon the cultural practices but let them move with the times to save lives. It is a difficult discussion but they are hearing me," she says.

Traditional leaders in Western Cape are already working closely with the University of Cape Town, using Western medicine as well as traditional practice during circumcision," she says.

She describes her commission as the least funded Chapter 9 institution.