TRADITIONAL H EALTH PRACTITIONERS’ BILL

TRADITIONAL HEALTH PRACTITIONERS’ BILL BRIEFING TO THE PORTFOLIO COMMITTEE: PARLIAMENT 16 OCTOBER 2007

INTRODUCTION 1998 Public Hearings initiated the process of regulating Traditional Healing in SA; • The Portfolio Committee on Health and the Select Committee of the NCOP made the following recommendations:- • A need for legal recognition of Traditional Healers as a Health Resource • Establishment of an Interim Council with a 3 year lifespan and then a permanent one

Recommendations of the Portfolio Committee on Health • Traditional Healing to be confined to the private health care sector initially • Proposed categories to be registered with the Interim Council:- • Inyanga (Herbalist or Traditional Doctor) • Sangoma (Diviners) • Traditional Birth Attendants • Traditional Surgeons (Iingcibi)

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

PROPOSED FUNCTIONS: CONTINUED • Setting up Norms and Standards with regard to the practice of traditional healing, regulating the issuing of medical certificates and tariff levels • Facilitate co-operation among traditional healers, medical professionals and the government

A SYNOPSIS OF THE CONSULTATIVE PROCESS IMPLEMENTED BY DOH • MINMEC (NHC) meeting in September 2000 endorsed the establishment of the Interim Council for Traditional Healers • A Forum which would give input in the drafting of the Bill by the DOH was established

COMPOSITION OF THE FORUM AGREED UPON • Nine (9) Traditional Healers nominated by the Traditional Healer Provincial representatives • Five (5) members nominated by the DOH • Total: 14

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 the draft Bill to the Portfolio Committee in September 2002 • Published the Bill on 11 April 2003 for a period of 3 months for public comments

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)

INPUT BY ORGANISATIONS • KwaZulu-Natal Traditional Health Practitioners Forum • Northern Cape Traditional Practitioners Forum • Traditional Healers Organization • South African Medical Association • Spiritual Healers groups

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

PROCLAMATION OF SECTION 7 OF THE BILL • The President proclaimed Section 7 of the Bill which empowers the Minister to appoint members to the Interim Council for Traditional Health Practitioners in accordance with pertinent regulations

NOMINATIONS FOR APPOINTMENT • The process for appointment of members to the Interim Council was laid out in Government Gazette No. 29034 • The adverts for nomination of members were published on 6, 7, 8 August 2006 and the launch of the Interim Council was projected for 31 August 2006

RULING OF THE CONSTITUTIONAL COURT ON THE TRADITIONAL HEALTH PRACTITIONERS’ BILL • 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 in processing the Bill (with 3 others).

RULING OF THE CONSTITUTIONAL COURT ON THE TRADITIONAL HEALTH PRACTITIONERS’ BILL • The Traditional Health Practitioners Bill was subsequently declared invalid and a period of 18 months was given by the Constitutional Court during which due consultative process could be done.

BRIEF RESUME OF THE BILL • The Bill is comprised of the following: • Ch 1 – Definitions, purpose and application • Ch 2 – Establishment and governance of THPC • Ch 3 – Registrar,staff, and registration procedures • Ch 4 – Disciplinary enquiries and investigations by Interim Council • Ch 5 – General and supplementary provisions

APPLICATION OF THE Bill • The Bill applies to traditional health practitioners in the Republic; and • Traditional health practitioners and students engaged in or learning traditional health practice in the Republic

Inputs from the House of Traditional Leaders • Definitions of Categories of THP’s • Education and training of THP’s & Registration of Students • Universally Accepted norms and values • Representation of Traditional Leaders in Council • Requirements for registration

Briefing Provincial Legislatures • Briefings re: Acceptance of the Bill were done in North West, Gauteng, Free State and KZN during August 2007 • Public Hearings done in all provinces in preparation for the proclamation of the Bill

Nomination of members to the Interim Council • The process of calling for nominations for the establishment of the Interim Council will resume, pending the acceptance of the Bill • The old nominations will not be used

Updating Members of the Forum of Traditional Healers • The DOH convened a stakeholder meeting to update Traditional Health Practitioners in the provinces through the members of the Forum on 13 September 2007

Parliamentary Briefings • Briefings by DOH were done on 11 and 17 September respectively to the Select Committee on Social Services

Conclusion The period of suspension of the Bill ends in February 2008; pending the completion of outstanding processes Thank you.

TRADITIONAL H EALTH PRACTITIONERS’ BILL