South Africa’s Supreme Court Allows Traditional Healers Sick Notes

After years of waiting the Interim Traditional Practitioners Council of South Africa has been announced. This will enable all registered traditional practitioners to give proof of consultation to their patients which now has to be accepted by the employer.

The announcement was made on 12 February 2013 by the Deputy Minister of Health (Gwen Ramokgopa).

Interim Traditional Health Council Inaugurated

The primary goal of the interim traditional health practitioners council (ITHPC), inaugurated in terms of the Traditional Health Practitioners Act (2007), is to assist the health department to integrate traditional health medicine into the national health system.

Deputy Minister's Speech

As an integral part of Indigenous knowledge systems, Traditional Medicine has been recognised and endorsed by the World Health Organisation since the 1978 Alma Ata Declaration of PHC, as well as recently by the African Union in its Plan of Action on Traditional Medicine.

Traditional Healers and Their Medicine to be Formalised

The 20-member council, in office for three years, includes representatives from all nine provinces and stakeholder bodies such as the Health Professions Council and the SA Pharmaceutical Council.

Supreme Court Ruling

The Supreme Court of Appeal ruled that a sick note from a traditional healer must be taken as seriously as one from a qualified medical doctor. Judge Azhar Cachalia ordered the reinstatement of Johanna Mmoledi, a chef dismissed in 2007 after attending a traditional healing course. The court noted that 80% of South Africans meet their wellbeing needs through traditional medicine.

Legislation

On 18 August 2006 the Constitutional Court declared the Traditional Health Practitioners Act (Act No. 35 of 2004) invalid, but suspended the invalidity for 18 months. This allowed time for proper consultation. Public hearings revealed that 60% of South Africans use traditional medication.

Bill 20 of 2007 now governs Traditional Health Practitioners, covering Inyangas (herbalists), Sangomas (diviners), Lingcibis (traditional surgeons), and traditional birth attendants. Faith healers (Abathandazis) are excluded.

The new Act (Act 22 of 2007) was signed on 7 January 2008 and published in Government Gazette No. 30660 (10 January 2008) and Gazette No. 31071 (16 May 2008).