In a drastic about turn, the chairperson of the Congress of Traditional Leaders of South Africa in the province, Nkosi Ngubo Mgcotyelwa, apologised for previous remarks by the congress that men who refuse traditional circumcision should be ostracised.
He also called for an end to forced circumcision.
In a settlement document filed at the Bhisho Equality Court on Monday, Mgcotyelwa said Contralesa accepted that "the Constitution of South Africa gives the right to each adult male individual to choose whether or not he should attend traditional circumcision school according to his religious beliefs.”
Yamani claimed that, shortly after he turned 18, his father and 10 other men abducted him from his home in Masele township near King William’s Town and subjected him to circumcision against his will – and then forced him to eat the skin cut from his penis.
This, he said in a court affidavit, happened three months after he tried to reach a compromise with local chiefs by having the procedure done at the Frere hospital in East London.
The second-year microbiology student at the University of the Free State became embroiled in a clash between constitutional rights and Xhosa tradition.
He said: “After that experience I decided to do something about it so no other child is put through that.”
With the help of JASA – the Justice Alliance of South Africa, a non-profit legal organization – he challenged the views of his parents and traditional leaders in court.
John Smyth, the director of Jasa, has pushed for forced circumcision to be declared illegal; and for an order forbidding chiefs from encouraging ostracism of a youth who refuses circumcision.
He was pleased with Mgcotyelwa's statements: "It's an extraordinary thing really. I think it's very courageous," he said on Tuesday.
Despite the traditional leader’s apology, Yamanis’ parents are not relenting.
“Bonani’s father continues to maintain through an affidavit sworn by his wife that what he did in arranging for a group of traditional leaders to abduct and forcibly circumcise his son was right,” said Smyth.
Yamani will face his parents in court on Tuesday next week.
mongadik