TRADITIONAL HEALTH PRACTITIONERS ACT 2007 (Act No. 22 0f 2007) Date: 31 August 2016 Portfolio Committee on Science and Technology

OVERVIEW PURPOSE KEY PROVISIONS THP REGULATIONS COMPLIMENTS AND CONFLITS WITH THE IKS BILL CONCLUSION PURPOSE

PURPOSE The purpose of this Act is to- establish the Interim Traditional Health Practitioners Council of South Africa; provide for the registration, training and practices of traditional health practitioners in the Republic; and serve and protect the interests of members of the public who use the services of traditional health practitioners.

KEY PROVISIONS ESTABLISHMENT AND GOVERNANCE OF INTERIM TRADITIONAL HEALTH PRACTITIONERS COUNCIL OF SOUTH AFRICA Functions of Council The Council must in the interests of the public, promote and regulate, liaison between traditional health practitioners and other health professionals registered under any law; implement health policies determined by the Minister concerning traditional health practice; Constitution of Council Council is composed of 20 members of which 13 members are THPs including the Chairperson and the Deputy Chairperson.

KEY PROVISIONS Funds of Council S16. (1) of the Act provides that the funds of the Council consist of— money appropriated by Parliament; fees raised by the registrar in the performance of his or her functions under this Act; penalties (e.g. fine for misconduct); and any other fees contemplated in the Act. The Council must utilise its funds to defray expenses incurred by the Council and the office of the registrar in the performance of their functions. REGISTRAR, STAFF OF REGISTRAR AND REGISTRATION PROCEDURES Appointment and Functions of registrar The Minister, after consultation with the Council- must appoint a registrar; and may dismiss such person. The appointment of the registrar is subject to the conclusion of a written performance agreement entered into by the Minister and that person.

KEY PROVISIONS Application for registration to practice KEY PROVISIONS No person may practice as a traditional health practitioner within the Republic unless he or she is registered in terms of this Act. (a) Any person who wishes to register as a traditional health practitioner or a student must apply to the registrar. (b) An application contemplated in paragraph (a) must be accompanied by- (i) proof that the applicant is a South African citizen; (ii) character references by people not related to the applicant; (iii) proof of the applicant's qualifications; (iv) the prescribed registration fee; and (v) any further information relating to the application that the Council may consider necessary. (3) If the registrar is satisfied that the information and documentation submitted in support of an application for registration meet the requirements of this Act and upon receipt of the prescribed registration fee, the registrar must issue a registration certificate authorising the applicant to practice as a traditional health practitioner within the Republic. KEY PROVISIONS

REGULATIONS THP ACT Regulations relating to the appointment of members of the Interim Traditional Health Practitioners Council 2011 The purpose of this regulations was to provide details for the nominations of members to be appointed by Minister to serve in the Interim Traditional Health Practitioners Council Traditional Health Practitioners Regulations 2015 The purpose of this Regulations is to provide details and processes for the registration of THPs with the ITHPCSA. REGULATIONS THP ACT

COMPLEMENTS / CONFLICTS WITH IKS BILL Promote Public awareness (IKS) Promote commercial utilisation of IKS Definition of IKS Practitioner may still include THPs. Section 14 (1) may still require all THPs to register. The general understanding is that the IKS Bill will accredit to put value to indigenous knowledge holder and place it within the national qualification framework or quality assurance. Therefore Traditional Health Practitioners and their institutions to be accredited in terms of the IKS Bill, should be registered with the ITHPCSA THP Act Promote public health awareness Promote commercial utilisation of TMK Section 21 (1 & 2) requires THPs to register. Meaning and interpretation of the term accreditation should not confuse Practitioners. ITHPCSA will accredit the training institution for meeting specific professional quality, competency and academic standards. THP Act should also be mentioned in section 32(3) although sounds to be covered in 32(2).

CONCLUSION The draft Regulations and Guidelines for Registration and Accreditation of Institutions provide for registration of practitioner. It is estimated that there are over 300 000 THPs in South Africa. The THP Act requires all THPs to register with the Council. To be accredited in terms of the IKS Bill, THPs has to apply and meet certain requirements. It is also recommended that the Advisory Panel in terms of the bill, should establish a permanent relationship with the ITHPCSA.

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