THE CONSTITUTIONALITY OF THE STATE’S INTERVENTION WITH THE PRACTICE OF MALE TRADITIONAL CIRCUMCISION IN SOUTH AFRICA

This article analyzes the constitutionality of state’s intervention with practice male traditional circumcision in South Africa. The state intervened by promulgating legislation aimed at providing observationof health standards circumcision, issuing permission for performance a operation and holding schools. Provincial statutes are promulgated Application Health Standards Traditional Circumcision Act 6 2001; Free State Initiation Schools 1 2004 Northern Province 1996. Recently, 2005 introduced Children’s 35 2005, to give effect Constitutional rights children prohibiting below age 16 from being subjected that is detrimental their well-being also protecting them discrimination, exploitation any other physical, emotional or moral harm. first part this discusses initiates’ cultural right practise circumcision. second considers constitutional which initiates entitled. final section circumcision.On question whether legislative constitutional, applies internal limitation 30 31 Constitution general clause terms 36. concludes intervention, justifiable both 31(2)