TRADITIONAL HEALTH PRACTITIONERS

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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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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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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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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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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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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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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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PROPOSED FUNCTIONS OF THE INTERIM COUNCIL

• Research and creation of a database and
• Regulating anything incidental to traditional
  healing practice

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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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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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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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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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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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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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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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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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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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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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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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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.
  29034

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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. 29034
• 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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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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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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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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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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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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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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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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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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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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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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CONCLUSION

• THANK YOU!