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.
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.
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.
They have considered the Bill and
they support it.
(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)
The issue of a chairperson and vice-chairperson has already
been dealt with when responding to the appointments as raised by the
(F)
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.
We have responded to their issue
when dealing with
1. We have already dealt with the issue of
appointments when responding to the
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.