There are over 200 000 traditional healers in South Africa and government is taking its time in trying to register them all in terms of an Act passed nearly 20 years ago! The final regulations for the Act still have to be gazetted with a key issue being how traditional healers will be allowed to issue legal sick notes – this could also be the mechanism to allow them to ‘prescribe’ cannabis to their patients.
The long-awaited regulations to give effect to the Traditional Health Practioners’ Act of 2007, were only published for public comment in June 2024, and are yet to come into full force.
At the heart of the proposed regulations, which were put out for comment in 2024, is the creation of a National Healer’s register. Registration, which would come at a cost of R1000 per individual, would be dependent on certain standards and practices being met.
However, Government is clearly struggling with the task and is still sitting on the proposed guidelines for which it sought comment from the public 18 months ago.
Legal firm CDH sums up the key points:
· The Traditional Health Professional Regulations, 2024 (Regulations) were published in the Government Gazette for comment on 21 June 2024. The Regulations aim to formalise and professionalise traditional health practices in South Africa and are set to be implemented under the Traditional Health Practitioners Act 22 of 2007 (THPA).
· Under the new framework, traditional healers will no longer be operating in a legal grey area. Once registered with the Interim Traditional Health Practitioners Council of South Africa (Council), practitioners will be officially recognised as traditional health practitioners.
· In accordance with the Regulations, medical certificates from traditional healers will only be legally recognised if the healer is registered with the Council and meets the requirements set out in THPA.
CDK says that “while the THPA has been in existence since 2007, the Regulations are the key to bringing the act into full operation, with an emphasis on establishing clear guidelines for those seeking to practice traditional health.”
Although Parliament’s lawmakers are yet to incorporate cannabis in the Act’s final regulations, the integration of traditional healers into a formal compliance network opens up the path for cannabis compliance as well.
Traditional healers are one of the legacy cannabis communities being supported by Project Indlela, a campaign to ensure that their interests are accommodated in future law.
In the meantime, SAHPRA says its aware that ‘Traditional Healers’ Cannabis Licenses’ are being sold by franchise in parts of the country and has warned that such licenses have no standing in law.
This has been disputed by the Marijuana Board of South Africa (MBOSA), which says its members are allowed to trade in cannabis because they are protected by the Traditional Healers Act and other legislation.
A key piece of wording in the whole debate is that the Traditional Healers Act shares the same definition of cannabis as the Drugs Act, in which it’s seen as a ‘dependence producing drug’.
Cannabis is set to be removed this year from the Drugs Act, assuming the Cannabis for Private Purposes Act of 2024 is finally gazetted. As soon as that happens, cannabis will technically be available for traditional healers to dispense. It’s just a question then of what their mandates will be in terms of the central register that’s being compiled.
#
