1. TRADITIONAL HEALTH PRACTITIONERS’ ACT NO 35 OF 2004
BRIEFING TO THE SELECT COMMITTEE ON SOCIAL SERVICES
ROOM S26, NCOP WING, CAPE TOWN
19 JUNE 2007
BY: TR MDLALOSE
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2. INTRODUCTION
The Legislation which regulates the Traditional Health Practitioners in South Africa began with Public Hearings of 1998 in which the Portfolio Committee on Health and the Select Committee of the NCOP made the following recommendations:-
There should be legal recognition of Traditional Healers as a Health Resource
That an Interim Council be established to regulate Traditional Healing
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3. INTRODUCTION
The Interim Council to report back to Parliament within 3 years, after which a permanent council is constituted
That a Forum of Traditional Healers is set up before council is formed to:-
Ensure that all stakeholders and associations are taken on board and
To unpack the complicated matter of training and accreditation and
To formulate a clear proposal
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4. INTRODUCTION
That Traditional Healing remains part of the private health care sector at this stage
The proposed categories of healers to be overseen by the Interim Council should include the following:-
Inyanga (Herbalist or Traditional Doctor)
Sangoma (Diviners)
Traditional Birth Attendants
Traditional Surgeons (Iingcibi)
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5. INTRODUCTION Faith Healers (Abathandazi) were excluded because:-
They are not traditional in nature
Training and accreditation would be difficult
The Interim Traditional Health Practitioners Council would determine which further categories are included at a later stage once the council is functional
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6. PROPOSED FUNCTIONS OF THE INTERIM COUNCIL
Registration of all qualifying traditional healers
Promotion of training, research and professionalism in the sector
Developing an ethical code of conduct and maintain discipline within the profession
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7. PROPOSED FUNCTIONS OF THE INTERIM COUNCIL
Setting up norms and standards with regard to the practice of traditional healing, including regulating the issuing of medical certificates and tariff levels
Facilitate co-operation among traditional healers,medical professionals and the government
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8. PROPOSED FUNCTIONS OF THE INTERIM COUNCIL
Research and creation of a database; and
Regulating anything incidental to traditional healing practice
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9. A SYNOPSIS OF THE CONSULTATIVE PROCESS IMPLEMENTED BY DOH
The first workshop was organized by DOH in Pretoria
All 9 provinces were represented by four
Traditional Healers each
Four (4) Health Professional Councils namely: SANC, HPCSA,SAPC and Allied Health Professions Council of SA made presentations regarding their organizational structures as well as financial matters
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10. A SYNOPSIS OF THE CONSULTATIVE PROCESS IMPLEMENTED BY DOH
All councils committed themselves to share information which could assist in the establishment of the Traditional Healers’ Council
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11. A SYNOPSIS OF THE CONSULTATIVE PROCESS IMPLEMENTED BY DOH
A second workshop was held in February 2001
Objectives of the second workshop were:
To highlight issues that were raised at the 1998 public hearings
To report back on the progress made by DOH
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12. A SYNOPSIS OF THE CONSULTATIVE PROCESS IMPLEMENTED BY DOH
Taking the process forward following MINMEC (NHC) meeting in September 2000, which endorsed the establishment of the Interim Council for Traditional Healers
Setting up of a forum which would have an input in the drafting of the Bill by the DOH
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13. TRADITIONAL HEALERS ORGANISATIONS REPRESENTED
Interim Coordinating Committee for Traditional Medical Practitioners (ICC)
South African Traditional Healers Federation
Traditional Healers of South Africa
Professional Traditional Healers Register of South Africa
Traditional Medical Practitioners and Spiritual Healers Organization
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14. COMPOSITION OF THE FORUM AGREED UPON
Nine (9) Traditional Healers nominated by the Traditional Healer Provincial representatives
Five (5) nominated by the DOH
Total: 14
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15. ROLE OF NDOH IN THE DEVELOPMENT OF THE BILL
The NDOH conducted provincial road shows to inform Traditional Healers and other stakeholders about the contents of the Bill
Presented to the Portfolio Committee in September 2002
Published the Bill on 11 April 2003 for a period of 3 months for public comments
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16. INPUT BY ORGANISATIONS
Allied Health Professions Council of South Africa
Eastern Cape Provincial Traditional Health Practitioners
Free State Traditional Practitioners Forum
Gauteng Traditional Health Practitioners Forum
Institute For Democracy in South Africa (IDASA)
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17. INPUT BY ORGANISATIONS
KwaZulu-Natal Traditional Health Practitioners Forum
Northern Cape Traditional Practitioners Forum
Traditional Healers Organization
South African Medical Association
Spiritual Healers groups
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18. TABLING OF THE BILL IN PARLIAMENT
Public Hearings were conducted by the Portfolio Committee on Health in August 2004
The Bill was tabled and accepted by the National Assembly on 9 September 2004
The Bill was debated in Parliament in November 2004 and passed
The Bill was signed by the President on 11 February 2005 as the Traditional Health Practitioners Act (Act No. 35 of 2004), Government Gazette No 27275
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19. TABLING OF THE BILL IN PARLIAMENT
The President proclaimed certain sections of the Act including the establishment of the Interim Council
Section 7 of the Act (Act No. 35 of 2004) empowers the Minister to appoint members of the council in the prescribed manner, i.e. in accordance with pertinent regulations
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20. TABLING OF THE BILL IN PARLIAMENT
The Act establishes the Interim Traditional Health Practitioners Council of South Africa
The Regulations for the appointment by the Minister of members of the Interim Council were published in July 2006, Government Gazette No
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21. TABLING OF THE BILL IN PARLIAMENT
The process for appointment of members into the Interim Council is determined in the Act and laid out in the Government Gazette No
The adverts for nomination of members were published on 6, 7, 8 August 2006; the launch of the Interim Council was projected for 31 August 2006
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22. RULING OF THE CONSTITUTIONAL COURT OF SOUTH AFRICA ON THE TRADITIONAL HEALTH PRACTITIONERS ACT
On 17 August 2006 the Constitutional Court handed down judgment in an application by Doctors for Life (DFL), based on the argument that there was insufficient public involvement when the Bill (with 3 others) was passed.
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23. RULING OF THE CONSTITUTIONAL COURT OF SOUTH AFRICA ON THE TRADITIONAL HEALTH PRACTITIONERS ACT
The Traditional Health Practitioners Act therefore was declared invalid and a period of 18 months was given by the Constitutional Court during which the due consultative process could be done.
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24. ACTIVITIES FOLLOWING PARLIAMENTARY DEBATE ON THE ACT
The Department of Health therefore brought to a halt all activities related to implementation of the Act particularly:-
The establishment of the Interim Traditional Health Practitioners Council
The nomination process
The Regulations relating to the appointment by the Minister as members of the Interim Traditional Health Practitioners Council had been developed and published on 21 December 2005 as No R.1247
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25. CONSTITUTION OF THE INTERIM COUNCIL AS PER ACT (ACT NO. 35 OF 2004)
The Interim Council would be constituted according to the provisions of the Act and the Regulations
The Interim Council will consist of 22 members, appointed by the Minister in the following manner
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26. CONSTITUTION OF COUNCIL
Chairperson: a traditional health practitioner appointed by the Minister
Vice-Chairperson: elected by members of the Council amongst themselves
Nine Traditional Health Practitioners; one from each Province with more than five years of practice as a traditional health practitioner
One employee of the Department of Health
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27. CONSTITUTION OF COUNCIL CONTINUED
One appointed on account of knowledge of Law
One Medical Practitioner who is a member of the HPCSA
One Pharmacist who is a member of the South African Pharmacy Council
Three Community Representatives
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28. CONSTITUTION OF COUNCIL CONTINUED
One Representative from each category of Traditional health practitioner defined in the Act which are:
Herbalists: Iinyanga
Diviners: Sangoma
Traditional Birth Attendants: Ababelekisi
Traditional Surgeons: Iingcibi
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29. BRIEF RESUME OF THE ACT The Act is comprised of the following:
Ch1 – Definitions, purpose of the Act, application of the Act
Ch2 – Establishment and governance of THPC
Ch3 – Registrar,staff, and registration procedures
Ch4 – Disciplinary enquiries and investigations by Council
Ch5 – General and supplementary provisions
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30. PURPOSE OF THE ACT
To establish the Interim Traditional Health Practitioners Council of SA
To provide for the registration, training and practice of traditional health practitioners in the RSA; and
Serve and protect the interests of members of the public who use the services of traditional health practitioners
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31. APPLICATION OF THE ACT
The Act applies to traditional health practitioners in the Republic; and
Traditional health practitioners and students engaged in or learning traditional health practice in the Republic
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32. CONCLUSION
THANK YOU!
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