TRADITIONAL H EALTH PRACTITIONERS’ ACT NO 35 OF 2004

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TRADITIONAL HTRADITIONAL HEALTH EALTH PRACTITIONERS’ ACT NO 35 PRACTITIONERS’ ACT NO 35

OF 2004OF 2004BRIEFING TO THE SELECT

COMMITTEE ON SOCIAL SERVICES

ROOM S26, NCOP WING, CAPE TOWN19 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 ResourceThat 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 constitutedThat 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 stageThe 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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• 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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• 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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All councils committed themselves to share information which could assist in the establishment of the Traditional Healers’ Council

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A second workshop was held in February 2001

Objectives of the second workshop were: To highlight issues that were raised

at the 1998 public hearingsTo report back on the progress made

by DOH

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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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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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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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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!

Documents

TRADITIONAL H EALTH PRACTITIONERS’ ACT NO 35 OF 2004