Response to the comments, imputs and questions raised by the provinces during the public hearings.

 

We will deal with all the issues raised as per a province.

 

(A) NORTHERN CAPE PROVINCIAL LEGISLATIVE

 

1.                   It should be understood that the bill only apply to the South African traditional health practitioners, and therefore it does not recognize foreign traditional practitioners.

 

2.                   Sick – notes

The bill will create legal framework within which council will recognize services of THP, relating to sick notes and the ability to claim from medical aid schemes.

 

3.                   Patient rights

The NHA in chapter 2 deals with rights and obligation of all patients.  Amongst others or inter-alia  it provides that a health care providers must where possible, inform the user about the user’s health status, diagnostic procedures, benefits, risks in a language that the user understands and in a manner which takes into account the user’s level of literacy.

 

4.                   Initiation Schools

The regulations under the National Health Act, 2003 are being developed to regulates initiation  schools.

 

(B) EASTERN CAPE PROVINCIAL LEGISLATIVE

 

1.                   The Act does not provide the period which is required in order to qualify for an appointment as a chairperson or vice-chairperson of the council.  The regulations will prescribe how the Minister would make appointments.   

 

AD PARAGRAPH

 

3.2.       Experience in law will form the basis of appointment.

 

3.3.       The community representative referred to in section 7(h) of the bill, represent the community, and not the profession, and therefore, he or she should not necessarily have the knowledge of traditional health practices.

 

3.4.       Emphasisy on the representative from each category of traditional health practitioners as defined in the Act would be made in the regulations.

 

3.5.       Section 9(g) can not be removed.

             This section deals with the disqualification as a member of council.

                 It reads “ A person may not be appointed as a member of the council if he or she is, at the time of his or her appointment, or was, during the preceding 12 months.

 

3. 6.      The rehabilitation of the Land is not within the purview of this Bill.

 

3.7.       The council is a national body, and is easily accessible.  The Provincial DoH’s have units that deal with traditional health practitioners.

 

3. 8.      On referral system, the Council’s function will also be to collaborate with other councils and ensure that their services are recognized by the Medical Schemes Act.

 

3.9.       General

 

The Council will consider and take appropriate decision of these matters.

 

(C) FREE STATE

 

They have considered the Bill and they support it.

 

(D) GAUTENG PROVINCIAL LEGISLATIVE

 

(a)                 Chapter 1 (definitions and interpretations)

 

(i)                   Izinyanga were not excluded in the bill, as they are herbalists, faith healers were deliberately excluded, as they are not based on African indigenous, cultural and traditional practice.

(ii)                 The definition “student” it has already been clarified in chapter 1 of the bill under definitions.

(iii)                 Traditional birth attendants have been clarified in chapter 1 of the Bill under definitions.

(iv)                Accreditation of the traditional health practitioners is defined in chapter 1 of the Bill under definitions, so that only recognized schools and education is provided.

(v)                  The Minister in charge of all health issues is the Minister of Health and therefore, there would be not other Minister who will deal with the issue of health.

 

(b)                 Chapter 2

 

(i)                   The presence of the Medical practitioners and pharmacist in the Council is to assist the council and not to impose.  It should be understood that the councils, aim is to protect the public, so these pharmacists and medical practitioners will ensure that the interest of the public is protected.

(ii)                 The Bill requires that the council be constituted by 15 THP’s and 7 non THP’s in contrast to the proposal that there should be 18 traditional healers and 4 non-traditional healers.

 

(c)                 Chapter 3

 

(i)                   The issuing of foreign traditional practitioners can easily be dealt with by the department of Home Affairs in terms of their Immigration Laws, which prescribes the process of attaining citizenship.

(ii)                 In regard to training, the THP training is an apprenticeship format and that it does not relate to formal education.  However, we intend to proposed that requirement of qualification be suspended for a particular period, so that Council can determine what is required.

(iii)                The purpose is to ensure that only formally recognized institutions provide training, and thereby doing away with fly-by-nights trainings, the council will determine the requirements for accreditation.

 

(d)                 Chapter 4

 

Impairment relates to the ability to provide safe and effective care to patients. The rights of patients are paramount in this regard. Council will first determine, by way of a prescribed process, whether a THP is able to function or not, due to impairment.

 

      (e) Chapter 5

 

(i)                   The Council in general will determine the fees.

(ii)                 Traditional medicine will not necessarily be regulated in terms of the Medicine and Related Substances Act, 1963.

 

(E) KWAZULU-NATAL

 

The issue of a chairperson and vice-chairperson has already been dealt with when responding to the appointments as raised by the Eastern Cape provincial legislature.

 

(F) LIMPOPO LEGISLATURE

 

4.1        The Act will regulate African THP and therefore, prophets and healers in churches falls outside the ambit of the Act.

4.2               The Council is not mandated to recognize organizations/associations, but to regulate TH Practice and the public interest, not TH Practitioners.

4.3               In as far as registration is concerned, different registers can be created based on the nature and type of practice.

4.4               Same with 4.3 above.

4.5               Cooperation between the traditional and Western practices is one of the objects of the Council.

4.6               Monitoring of service standard would be one of the function s of the Council.

4.7               The Council’s function is also to make regulations relating to the monitoring of facilities.

4.8               The Council should develop programmes for capacity building through workshops.

4.9               The role of municipalities and traditional healers falls outside the ambit of this Bill.

4.10            For the programmes on traditional healing to be extended to schools, this is the issue, which the Council should deal with or decide.

4.11            The special meetings of the Council are provided for in the Bill.

4.12            The Council may negotiate with institutions about the issue of rendering services at hospitals.

4.13            The Council may negotiate with health institutions about referrals to the traditional Health practitioner’s facilities.  

 

(G) WESTERN CAPE PROGRAMME

 

We have responded to their issue when dealing with Eastern Cape province, especially on the issue of appointment of members or chairperson / vice chairperson.

 

(H) MPUMALANGA PROVINCIAL LEGISLATURE

 

1.   We have already dealt with the issue of appointments when responding to the Eastern Cape province

2.       It is one of the functions of the Council to register traditional healers.  It is not a government. In short, the Council is not a government structure.  It is autonomous and juristic structure

3.  Internationally recognized standard cannot be applicable.  Recognition is only afforded to the TH practice based only on African philosophy 

 

   COMMENTS OF THE NATIONAL HOUSE OF TRADITIONAL LEADERS    ON THE TRADITIONAL HEALTH PRACTITIONERS BILL

 

1.1 The term “diviner” and “herbalist” were clearly defines in chapter 1, and therefore, they are considered as separate from each other.

 

1.2         The purpose for having registered student is to enable the Council to be able to trace the record for such a training

 

2.      One of the main objects of the Council is to maintain appropriate ethical and professional standards required from traditional health practitioners.

 

3.   The Council will determine the kind of education and training required.

 

4.1         We agree with paragraph 4 in relation to membership of the Council.  The house of traditional leaders can be accorded representation in the Council.

4.2         The medical practitioners and pharmacists are there to guide and support.

 

5.             Appointment of a registrar does not necessarily mean that a person should be a professional in that particular field.

 

6.             The Council can only decide the manner in which applications for registration to practice can be made.

 

7.             On qualification for registration, the Council should determine prescribe by means of regulations.

 

8.             The Department is in the process of drafting the policy that will premise legislation to regulate traditional medicine including intellectual property Rights and protection of indigenous knowledge system.  The role of Council in this regard will be to assist in determining such policy.