An assessment of the regulatory framework pertaining to traditional medicine in South Africa

Abstract

This thesis seeks to examine the practice of traditional medicine in South Africa by providing an analysis of the regulatory framework of this system of medicine, which is original to Africa and is practised from a perspective of indigenous philosophy, ideology, possibly even religion, with a specific pharmacopoeia and usage of medicines, whether from a symbolic perspective or otherwise. The Interim Traditional Health Practitioners Council of South Africa, although created by statute, is not yet legally fully operational, even though current initial legislation was introduced as far back as 2004, some 18 years ago. This legislation has as its purpose legal regulation over certain practitioners of South African traditional medicine.

The research question that is entertained is whether the regulation should be continued, strengthened even, or whether a model of self-regulation should not rather be considered. If the former position is the case, then the question is posed as to why there should not now be political will to bring about imperatively and critically the functionality of the statutory health council. This would ensure effective regulation of this healthcare profession to confirm protection of the health of the public, with other recommendations for particular aspects of this indigenous system of medicine.

The originality of the contribution to research in this field of medical law lies not only in the specific approach to the research question, an essential aim of this thesis, but also in the presentation of an amalgam of beliefs and opinions, views, conclusions and recommendations to interested parties, stakeholders and regulators in order to contribute to an enhanced understanding of traditional medicine and to promote any future legal regulation – this ranges from the philosophy of this system of indigenous medicine, from dogmata relating to the causes of disease in traditional medicine, from specific practices in this indigenous system of medicine and its treatment regimen including aspects of initiation training, male circumcision or the rights of animals, and other issues, to the range of legislative instruments currently applicable to the practice of this indigenous system of medicine. This amalgam is intended as a single resource overview of the South African traditional medicine paradigm – currently only accessible from multiple sources – and will be both functionally and purposefully referenced with views offered or information presented as may be drawn from sources such as are currently available and accessible, even if only a brief allusion to any particular aspect is presented, for future use by any interested party. If the research question is answered to the extent that regulation is required to be continued, strengthened even, then a cardinal feature of the originality of the contribution to research in this field will be the presentation of a legal scope of practice for consideration by the regulators.

This thesis also takes into account the distinction between traditional medicine as a healing system in whichever manner this may be viewed from a biomedical medicine model, and the claim that it is either witchcraft or sorcery, or however circumscribed from this latter perspective; the focus is, however, on the practice of traditional medicine by persons who seek to use traditional medicine for honourable and legitimate means to bring about well-being and is neither in validation, denunciation, nor negation of this system of medicine, but assesses the legal regulatory perspective.

This thesis concludes that the regulation of this indigenous system of medicine is not only to be continued, but also to be strengthened, and in keeping with the cardinal feature of the originality of its contribution to research in this field, a legal scope of practice is presented for consideration by the regulators, and other specific recommendations regarding regulation are also proposed.