Government directive on virginity testing sparks controversy in KwaZulu-Natal

A cultural clash is looming again between government and Zulu culturists over the virginity testing of young girls in KwaZulu-Natal following a directive of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL) which prevents  the practice on girls below 16 years of age.

The commission's chairperson Thoko Mkhwanazi-Xaluva met Social Development MEC Mbali Shinga last week and directed that the testing of maidens below 16 years old was illegal and should be stopped, however, culturists have vowed to defy this.

Dr Nomagugu Ngobese, the founder of Nombukhubulwane Institute, a cultural body advocating for the preservation of African cultural practice, said the practice will continue.

Ngobese said the practice has helped to reduce sexual violence against children as the organisation conducts tests randomly. She said even perpetrators are scared because they know testers will uncover if a child has been abused and that the practice has 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?” 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 have 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 are thoroughly vetted and screened, many religious spaces lack such safeguards, thus leaving children vulnerable.

Mkhwanazi-Xaluva said her commission’s constitutional mandate is 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 are 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 are 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 said.

The commission’s visit to the province comes as 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.