Traditional Health Practitioners' Act: Briefing to Select Committee on Social Services

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

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

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

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)

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

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

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

8. PROPOSED FUNCTIONS OF THE INTERIM COUNCIL • Research and creation of a database; and • Regulating anything incidental to traditional healing practice

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

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

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

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

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

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

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

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)

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

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

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

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. 29034

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. 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

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.

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.

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

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

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

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

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

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

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

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

32. CONCLUSION THANK YOU!