Analysis of Traditional Healers in Lesotho:
Implications on Intellectual Property
Systems
African Technology Policy Studies Network

RESEARCH PAPER | No. 20
Pitso Masupha
Lefa Thamae
Mofihli Phaqane

Analysis of Traditional Healers in Lesotho:
Implications on Intellectual Property Systems

Pitso Masupha
National University of Lesotho
Lefa Thamae
National University of Lesotho
Mofihli Phaqane
HIV & AIDS Civic Society

The African Technology Policy Studies Network (ATPS) is a multidisciplinary network of researchers, private sector actors andpolicy makers promoting the generation, dissemination, use andmastery of science, technology and innovation (ST&I) for African
development, environmental sustainability and global inclusion.
ATPS intends to achieve its mandate through research, capacity
building and training, science communication/dissemination andsensitization, participatory multi-stakeholder dialogue,knowledge brokerage, and policy advocacy.
Published by the African Technology Policy Studies Network
P O Box 10081, 00100 GPO Nairobi Kenya
2012

Published by the African Technology Policy Studies Network

ISBN: 978-9966-030-40-5

Table of Contents
Acknowledgement

4

List of Acronyms

5

Abstract

6

1.

Introduction

7

2.

Literature Review

10

3.

Methodology

23

4.

Results & Discussions

25

5.

Conclusions & Recommendations

34

References

36

Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems | 3

Acknowledgement
This paper was produced as part of the implementation of the ATPS phase VI
Strategic Plan, 2008-2012 funded by ATPS Donors including the Ministerie van
Buitenlandse Zaken (DGIS) the Netherlands, Rockefeller Foundation, OpenSociety Foundation, UNESCO, European Union, African Union, amongst others.
The authors hereby thank the ATPS for the financial and technical support during
the implementation of the Intellectual Property Program. The authors particularly
thank the Executive Director of the ATPS Prof. Kevin Urama for his visionary
leadership and all members of his team at the ATPS. We are also grateful to theProgramme Coordinators including Mr. Joseph Wekundah of the Biotechnology
Trust Africa, Dr. Maurice Bolo (ATPS), Dr. Nicholas Ozor (ATPS), Prof. Moni
Wekesa (Mount Kenya University) for their technical supports to the Programme.

4 | Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems

List of Acronyms
TB
HIV
AIDS
UNAIDS
IK
IPR
ABS
IKS
TK
R&D
WHO
STDs
WHO
WTO
WIPO
AU
SADC
GRs
TCE
LDC
TRIPS
ESA
EC
EU
ARIPO
PAs
RMAs
ART
STIP
S&T
SMEs
UNEP
GEF
LENEPWHA

Tuberculosis
Human immunodeficiency virus
Acquired Immunodeficiency Syndrome
United Nations Programme on HIV/AIDS
Indigenous Knowledge
Intellectual Property Rights
Access and Benefit Sharing
Indigenous Knowledge Systems
Traditional Knowledge
Research and Development
World Health Organization
Sexually Transmitted Diseases
World Health organization
World Trade Organization
World Intellectual Property Organization
African Union
Southern African Development Community
Genetic Resources
Traditional and Cultural Expressions
Least Developed countries
Trade-Related Aspects of Intellectual Property Rights
Eastern and Southern African
European Community
European Union
African Regional Intellectual Property Organization
Protected Areas
Resource Management Acts
Anti-retroviral
Science and technology Policy
Science and technology
Small Medium Enterprises
United Nations Environment Programme
Global Environment Facility
Lesotho network of people living with HIV/AIDS
Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems | 5

Abstract
Traditional healers in Lesotho and other African countries have since pre-historic
times played a major role in primary health care, counseling and rituals
performed for different purposes in the society. Traditional healers in the past had
their houses located very close to the main house of the village chief. This was toensure that the healer is always accessible to the chief as they were not only
entrusted in disease healing and driving away witchcraft but they were also themain advisors to the chief. The knowledge traditional healers have are on
forecasting certain events, protecting crops and animals from hail and thunderstorm, healing the sick, and driving away the evil spirits, is often not documented
and as a result it is slowly going into extinction. This valuable knowledge is often
not protected by law and is known by a few.
The emergence and complexity of diseases like HIV and AIDS and other chronic
diseases have always been interpreted by the society to be related to witchcraft.
That misconception has resulted in many people emerging, especially in urban
areas, as traditional healers claiming to cure certain diseases including HIV and
AIDS. It was noted during the interview that more than 50% of traditional healers
don't believe in HIV and AIDS and they attribute it to certain diseases, witchcraft or
failure to observe certain cultural activities.
The rapidly growing number of people claiming to be traditional healers has put
pressure on biodiversity as certain plant species are recklessly being harvested
from the rural areas and sold in the cities. The study revealed that herd boys whoare considered to be very knowledgeable about the herbs growing in therangelands and the forests are used to guide in the identification of these herbs or
harvest them. They are paid very little money for this activity therefore thecommunity does not benefit from their genetic resources. Healers interviewed
agreed that they now have to travel long distances to get certain herbs for theirpatients which never used to be the case. More than 80 % of the doctors
interviewed agreed that there should be a policy in place that protects theirknowledge and traditional medicine. Beneficiaries to traditional medicine pointed
out that they would prefer to get traditional medicine packed in more hygienic
containers and the healers should operate in more decent places like the modern
doctors.
6 | Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems

1. Introduction
1.1
Background Information
Lesotho is located in the Southern Africa and it is completely surrounded bySouth Africa. It is on the highest part of the Drakensburg escarpment with thealtitude reaching 3,482 meters above sea level at some places. It lies between 300
South and 290 eastern longitude and has a total surface area of 30 648 km2(Chakela, 1999). Lesotho is divided into four agro-ecological zones namely the
Lowlands, 1500-1800m high, the foothills 1800- 2200m high, and Mountains
2200-3000m. The Senqu River valley, which is the fourth agro-ecological zone, isthe extension of the lowlands into the eastern mountain along the Senqu River.
Ever since the discovery of HIV and AIDS in Lesotho in 1986, Lesotho has
continued to deteriorate from bad to worse. Lesotho is currently the third highest
HIV and AIDS hot-spot in the world (UNAIDS 2007). Furthermore, Lesotho isconfronted by a multiple crisis caused by high HIV prevalence, now estimated at
approximately 23% of adults aged between 15-49, and that, 57% of all infection
are in females (UNAIDS, 2005). In addition to the 300,000 adults estimated to beliving with HIV, at the end of 2007, approximately 20,000 children were also HIV
positive, and by the end of 2007, close to 90,000 had lost one or both parents to
AIDS.
The spread of HIV and AIDS, along with diseases like tuberculosis (TB), Multidrug resistant TB, Pneumonia and high unemployment rate; mainly due toretrenchment of many Basotho miners, are among the most significant causes ofpoverty and vulnerability. Along with the migration towards urban and peri-urban
areas, and the absorption of many young female workers by the textile industries,
these trends are affecting the traditional social structures within the households
Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems | 7

and at the village level. As a result, the social protection mechanisms which so far
have helped the Basotho people cope with shocks and stresses are in decline. At
the same time, public welfare policies have failed to take over these tasks (Turner2005).
Basotho like other communities have their own unique traditional knowledge,
beliefs and culture that help them raise their children, unify them as a nation,
protect themselves, their livestock and crops from natural disasters and diseases
and to manage their environment better in a sustainable manner. However, thisvaluable knowledge is often hidden, undocumented, usually known by a few andmostly the elderly in the society. And in most cases, some of these elderly people
die with this valuable treasure. As an old African proverb states “when the old man
dies, the library burns to the ground”; societies are slowly loosing some of theimportant knowledge as old people die. According to Louise (1998), indigenous
knowledge is stored in people's memories and activities. It is expressed instories, songs, folklore, proverbs, dances, myths, cultural values, beliefs, rituals,
community laws, local languages and taxonomy, agricultural practices,
equipment, materials, plant species and animal breeds.
Lesotho Science and Technology Policy 2006 – 2011 fifth objective of the five
objectives emphasizes on the Promotion and commercialization of indigenous
knowledge systems. Important components of IK-systems like Intellectual
Property Rights (IPR) and Access and Benefit Sharing (ABS) are not clearly
articulated in the policy. Therefore, there is need for a national multi-stakeholder
policy dialogue that will lead to the development of a policy for Indigenous
Knowledge Systems (IKS) or strengthening the Science and technology policy
on IKS-Systems. As Murthi (2005), pointed out; national development policies
especially those related to agriculture and tradition, need to be taken into
account when dealing with Traditional Knowledge (TK)-based approaches intheir considerations, from economic measures to the use of publicly funded
Research and Development (R&D) devoted to participative research with TK
using communities that feel they own and can use R&D to strengthen theirinnovative capacity and develop their own development systems.
The use of indigenous knowledge in innovation development has led to thenumber of surprising successes. The use of indigenous knowledge systems has
demonstrated positive results in the fields of: Land and water resource
8 | Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems

management, use and conservation of genetic material and use of indigenous
knowledge on medicinal plants (Hambly and Angura, ed., 1996; Mendoza andLuning, 1997; Leonti, 2003; Tshabalala 2005).
The importance of IKs in their sustainable development cannot be
overemphasized. However, very few studies have been done in Lesotho todetermine the existing, preservation, promotion, intellectual property rights andaccess and benefit sharing on indigenous knowledge systems.
1.2
Objectives
The overall objective of this investigation is to understand the role played by the
traditional healers in primary health care systems and the cases of intellectual
property systems.
Specific objectives:
1. To identify the sources of traditional knowledge systems especially traditional
medicine.
2. Determine the existing knowledge traditional healers have on HIV and AIDS
and the role they play in primary health care.
3. Determine the cases of access and benefit sharing and intellectual property
rights in traditional medicine.
4. To determine the use and confidence the society has on traditional healers.
5. To determine if traditional healers realize their impact on biodiversity throughharvesting herbs for medicine.
6. Recommend ways in which traditional medicine can be promoted andcommercialized to enhance the fifth objectives of Science and Technology
Policy.

Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems | 9

2. Literature Review
2.1

Traditional medicine and International Organizations andtreaties.
Herbal remedies are considered the oldest forms of health care known to
mankind on this earth. Prior to the development of modern medicine, thetraditional systems of medicine that have evolved over the centuries withinvarious communities, are still maintained as a great traditional knowledge base inherbal medicines (Mukherjee and Wahil, 2006). World Health Organization(WHO), defines traditional medicine as the sum total of all the knowledge andpractices whether, explicable, mental or have social imbalance and relies
exclusively on practical experiences and observation handed down fromgeneration to generation, whether verbally or in writing (WHO). According to
M'Vunganyi (2009), in most African societies, traditional medicine plays animportant role in the lives of millions who cannot access modern medicine. It ispart of the first set of response mechanisms that people rely on in cases of
medical emergencies. PAHO (1999) further states that in developed countries,
the use of traditional medicine is increasing because of better health care, while indeveloping countries the demand is due to economic issues and its availability as
the only source of health care. Daniels (2007), also pointed out that the great
majority of Africans routinely use the services of traditional healers for primary
health care and the estimates put the number to as high as 85% in Sub-SaharanAfrica. Traditional healers remain popular because they are accessible,
affordable, adaptable and culturally familiar and thus acceptable and respectedin the wider community. Furthermore; Traditional medicine is highly popular inmany developing countries because it is firmly embedded within wider belief
systems. Stanley (2004), explained that Africa's traditional healers can be most
instrumental in HIV and AIDS prevention. For starters, these specialists treat most
10 | Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems

of the cases of STD's which are believed to be major co-factors in the spread ofHIV.
Conserve Africa (2004), explained that in rural areas one has to sometimes
travels for days before getting to the nearest dispensary and pharmacy.
Therefore people loose working days, transport fares and the high cost of
medicine. In spite of the enormous role played by traditional medicine in primary
health care it continues to be disregarded in development planning and its
contribution to the society is generally neglected. The majority of Africancountries including Lesotho are currently geared towards the privatization ofstate hospitals, therefore, the dispensation of free care and free medicine is nolonger going to be in place; as a result health services are going to be very
expensive. International organizations like World Health organization (WHO),
World Trade Organization (WTO), World Intellectual Property Organization(WIPO), African Union (AU) and the Regional bodies like SADC in Southern
Africa, civil societies and the governments have started recognizing the role
played by traditional herbalists in primary health systems. However few, Africancountries have a legal framework for controlling access to indigenous knowledge
and biological resources or ensuring benefits arising from their use are sharedfairly (Hebden, 2006). Therefore, a number of strategies and the policy
frameworks are continually being developed to increase formal participation andprotection of traditional herbalists in the health systems.
The WHO 2002 - 2005 strategy on traditional medicine outlines a number ofchallenges on the use of traditional medicine. One of the challenges is the lack ofpolicy on traditional medicine by a number of WHO member states. Policy
provides a sound basis for defining the role of traditional medicine on health caredelivery, ensuring that necessary regulatory and legal mechanisms are createdfor promoting and maintaining good practice, that access is equitable, and thatthe authenticity, safety and efficacy of therapies are assured. Another challenge
concerns the intellectual property and patent rights, addressing questions about
how best the benefits accrued from traditional medicine can be shared between
the innovators and the holders of the technology. There are some internationaland regional organizations and agreements aimed at helping the member states
to address these problems.

Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems | 11

2.2
World Intellectual Property Organization (WIPO)
World Intellectual Property Organization (WIPO), which is a specialized agency of
the United Nations mandated to develop a balanced and accessible intellectual
property (IP) system, works through a number of programs. There is a programthat specifically addresses traditional medicine as Traditional knowledge, genetic
resources and traditional cultural expressions/folklore. WIPO's work addresses
the role that intellectual property (IP) principles and systems can play inprotecting traditional knowledge (TK) and traditional Cultural expressions (TCE)from misappropriation and in generating and equitably sharing benefits from theircommercialization and the role of IP in access and benefit-sharing in genetic
resources. One of the decisions taken by WIPO's working committee on TK and
TCEs, in October 2009, is to take text-based negotiations with the objective of
reaching an agreement on a text of international legal instrument which will
ensure the effective protection of GRs, TK, and TCE and the text is expected to becompleted by 2011.
2.3

Trade-Related Aspects of Intellectual Property Rights(TRIPS)
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
administered by World Trade Organization (WTO) attempts to narrow the gaps in
the way these rights are protected around the world, and to bring them undercommon international rules. It establishes minimum levels of protection that eachgovernment has to give to the intellectual property of fellow WTO members.
However, there are unresolved issues and disagreements between the WesternWorld (America & Europe) and the Developing World on the TRIPs Article 27.3(b).
The mentioned article states that WTO Member must provide Patent protection
over micro-organisms and microbiological processes, such as those used inbiotechnology today, but countries are free to exclude plants and animals fromtheir patent law. However, all nations must provide intellectual property titles overplant varieties either through patents or through an effective Sui generis System.
TRIPS, therefore, provides opportunities for countries to have alternative ways ofprotection rather than Intellectual Property Rights.
Countries are therefore free to come up with policies and legal frameworks that
address the needs of local people e.g. protection of Traditional Knowledge andFarmers` Rights. TRIPS have a number of agreements referred to as flexibilities
which member states are expended to implement. These flexibilities include:
12 | Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems

transition period, compulsory licensing, public non commercial licensing ofpatents, parallel importation, Exceptions from patentability, and limits on dataprotection (Musungu, 2005).
Transition period is divided into three categories based on the state ofdevelopment (Developed, Developing and Least Developed countries-LDC) of
each country. This agreement provides the transition period for the
implementation of TRIPS' minimum standards. The expiry date for the developed
countries and developing countries lapsed in 2005 while the least developed
countries like Lesotho, Angola, and Zambia in the SADC region have been given
up to 2016 with the possibility of extension (Mabika, 2006). Munyuki and
Machemedze, (2010), recommended that the least developed countries in the
Eastern and Southern African (ESA) regions must make their case at the WTO for
the waiver of the transition period beyond 2016 and also for the extension on
patent protection. This is in view of the fact that the European Community (EC)wants ESA countries to agree on protecting intellectual property rights especiallyfor EU companies involved in Research and development. ESA countries willthen be required to implement certain provisions that will favor EU countries at theexpense of developing nations making them pay heavy royalties for any
technology developed by EU.
2.4

African Regional Intellectual Property Organization(ARIPO)
African Regional Intellectual property Organization (ARIPO) was formed after themember states realized the benefits they would derive from effective andcontinuous exchange of information and harmonization and co-ordination of theirlaws and activities in industrial property matters. In august 2010 ARIPO and its
members adopted a protocol on the protection of traditional knowledge andexpression of folklore. This was adopted in a conference that was held in Namibia
at the coastal town of Swakopmund and the protocol was therefore named
Swakopmund. The Protocol, upon entry into force, will empower the custodiansand holders of traditional knowledge and expressions of folklore to utilize theirknowledge for socio-economic development and wealth creation.
The
implementation of the Protocol will curtail the ongoing misappropriation, biopiracy and prevent illicit claim of traditional knowledge-based inventions andpatent applications and enable the ARIPO Office to register traditional knowledge
and expressions of folklore that are trans-boundary and multicultural in nature,
Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems | 13

the so-called regional traditional knowledge and expressions of folklore (ARIPO,
2010).
2.5
The Convention on Biological Diversity (CBD).
The African Union's African Model Law (2000) has clauses on the Rights of Local
Communities, Farmers and Breeders as well as the regulation of access to
Biological Resources. The Law stipulates that the State and its people exercise
sovereign and inalienable rights over their biological resources and communities
also have rights over their biological resources, knowledge and technologies that
represent the very nature of their livelihood systems and that have evolved overgenerations of human history. The Law further mentions prior rights which takeprecedence over rights based on private interests.
The Convention on Biological Diversity (CBD) is another important convention
which has created a new environment for the protection of biodiversity andindigenous knowledge and for benefit sharing. It goes beyond conservation andaddresses issues like bearing the burden and sharing the benefits fairly andequitably between countries which supply and countries which use biologicalresources on one hand; and between indigenous and local communities andusers in the modern sector on the other. Article 8(j), of CBD explicitly recognizes
indigenous and local communities' contribution to biodiversity conservation,
calls for respect and support for their knowledge, innovations and practices, andconfirms indigenous people's rights over the knowledge they hold.
The Article also calls for equitable benefit sharing (WWW.CBD.int/convention).
CBD is more specific on Access and Benefit Sharing which involves genetic
resources where Traditional Medicinal Plants can be protected through various
legal frameworks. According to Timmermans (2001), the main principles of the
CBD on immediate interest in the context of traditional medicine are: State
sovereignty over genetic and biological resources; Access to and use of genetic
and biological resources and associated knowledge should be based on
mutually agreed terms and be subject to prior informed consent of both the Stateand the providers of the resources/the holders of the knowledge; Fair andequitable sharing, on mutually agreed terms, of the benefits arising from the useof genetic resources and associated knowledge.

14 | Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems

2.6

African Union Declaration on traditional medicine andAfrica health strategy
In a statement delivered by Gawans, B in 2005 on the celebration of the African
Traditional Medicine day, he pointed out that in July 2001 the Assembly of OAU
heads of states and government at the summit held in Lusaka declared the period
2001 – 2010 as the decade for African Traditional Medicine. The health Strategy
for Africa: 2007 – 2015 has indicated that African Union Member States should
consider establishing coordinating mechanisms at national and regional levels tofacilitate the implementation of the Traditional Medicine Plan of Action. Researchin Traditional Medicine should be promoted and funded to identify efficacious andsafe traditional medicines and assist Traditional Health Practitioners patent theirproducts. Furthermore, countries should integrate African Traditional Medicine
into their health systems recognizing its strengths and its limitations.
The priority areas for the strategy for implementing the Plan of Action on the AU
Decade of African Traditional Medicine include:
1. Sensitization of the Society on Traditional Medicine
2. Legislation on Traditional Medicine
3. Information, Education and Communication
4. Resource Mobilization
5. Research and Training
6. Cultivation and Conservation of Medicinal Plants.
7. Local Production of Standardized African traditional medicines.
8. Protection of Traditional Medical Knowledge (TMK)
9. Partnerships
10. Evaluation, Monitoring and Reporting Mechanisms
2.7
SADC Pharmaceutical Business Plan 2007 – 2013
The overall goal of the SADC Pharmaceutical Business Plan is to ensure
availability of essential medicines including African Traditional Medicines toreduce the burden of diseases in the region. Its main objective is to improvesustainable availability and access to affordable, quality, safe, efficacious
essential medicines including African Traditional Medicines. In order to achieve
the overall goal and the main objective, the following strategies will be pursued:i) Harmonizing standard treatment guidelines and essential medicine lists;ii) Rationalizing and maximizing the research and production capacity of local
and regional pharmaceutical industry of generic essential medicines andAnalysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems | 15

African Traditional Medicines;iii) Strengthening regulatory capacity, supply and distribution of basic
pharmaceutical products through ensuring a fully functional regulatory
authority with an adequate enforcement infrastructure;iv) Promoting joint procurement of therapeutically beneficial medicines of
acceptable safety, proven efficacy and quality to the people who need them
most at affordable prices;v) Establishing a regional databank of traditional medicine, medicinal plants
and procedures in order to ensure their protection in accordance withregimes and related intellectual property rights governing genetic resources,
plant varieties and biotechnology;vi) Developing and retaining competent human resources for thepharmaceutical programme;vii) Developing mechanisms to respond to emergency pharmaceutical needs ofthe region; andviii)Facilitate the trade in pharmaceuticals within SADC.
2.8
Lesotho Vision 2020
The 2020 vision states: “Lesotho shall be renowned for its environmental
management. The country's diversity of life systems will be supported andprotected by a nation which is environmentally conscious and whose people arein balanced existence with the natural environment. Basotho will derive
continuing benefits from the conservation and sustainable use of their biologicaldiversity. The several global conventions and treaties that Lesotho has signed
and ratified shall be translated into concrete actions which will sustain care andmanagement of the environment at large”
2.9

National Biodiversity Strategy and Action Plan Priority
Activities
Priority activities to enable implementation of biodiversity conservation goals are
as follows:> Identification of biological diversity components through research andcompile inventories to improve biodiversity conservation.
> Identification of processes likely to threaten Lesotho's biodiversity.
> Identify and implement strategies that ensure sustainable conservation of
biodiversity components (PAs, RMAs, ERMAs, Botanical gardens, Maboella).
> Strengthening of legal measures.
16 | Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems

> Develop human resources and improve the skills required for biodiversity
management.
> Increase participation of rural households in forest activities through their own
initiatives, for their own purposes and under their own control.
> Identify and enhance management of Lesotho's unique wetland systems.
> Reform agricultural practices in Lesotho, manage and constrain humanactivities that are responsible for destruction of biodiversity.
> Perform Environmental Impact Studies prior to implementation of activities
that are likely to affect biological diversity adversely.
> Establish measures of benefit sharing.
> Develop a material incentive program to change peoples' behavior so that
future land title holders make appropriate conservation decisions.
> Engage in international strategies that facilitate security of national andregional biodiversity components.
2.10 Biodiversity Loss in Lesotho
Recently, there is an alarming rate of over-harvesting of biological resources as
ethno medicines and sources of fuel wood. Truck loads of plant medicines areseen crossing the boarder to the neighboring states and in particular South
Africa. The medicinal plants that are mostly harvested and sold in the markets ofneighboring states and urban areas of Lesotho are the Alepidea amatymbica(Lesoko), Urginea capitata (Moretele o moholo), U. basutica Moretele omofubelu), Pachycarpus ridigus and Phytolaica heptandra (Poho-Tšehla),
Dicoma anamola, Teedia lucida (Hloenya), and Aloe polyphylla. These are
harvested to extinction by unscrupulous Basotho, acting on own account, and insome instances acting as agents of foreign biodiversity merchants. For instance,
the world reckoned Lesotho true endemic, the spiral aloe has been sited in homegardens of South Africa and as far afield as in southern California, USA. (Lesotho
first CBD report, 2000).
The fourth Lesotho CBD report has also reported that, lately medicinal plants areover harvested for commercial market, and in the advent of emergence of HIV
Pandemic for instance, the use of indigenous herbs has intensified because of
the assumed potency in managing the viral conditions, and relatively easieraccess associated with the herbs against the cost of conventional medication.
This phenomenon has created a heavy demand on these herbs, hence theiroverexploitation invariably deplete some colonies completely. What then takes
Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems | 17

place is marginalization of the species populations, which ultimately affects the
species diversity, because their relatives are subsequently accessed as
substitutes.
2.11 Health Providers
The Lesotho society includes a complex of “indigenous” healthcare provision as
well as “western” healthcare provision. Categories of indigenous heal careinclude, Ngaka chitja (herbalist); Ngaka ea litaola ( diviner); Ngakana- ka- Hetla
who is still under training and is not generally recognized as the qualified healthprovider by the community but he plays a significant role as the healer;
Moapostola (a Basotho form of Zionism in which moapostola establish
communities of health practice); Moprofeta (another form of Basotho Zionism,generally located in an already existing religious community); Pentecostal faith
healers; religious leaders and health providers from Pentecostal, Roman
Catholic or Protestant denominations. Another large category is that of the
Mathuela who are distinguished by their form of training and dressing. According
to Motlamelle (1988), Mathuela are not originally one of the Basotho forms ofhealers and this is evidenced by their language which has Zulu connotations like
Siya vuma, hlophe and mkoba. Marlise (2003) argued that, traditional healers
are generally divided into two categories – those that serve the role of divinerdiagnostician (or diviner-mediums) and those who are healers (or herbalists).
The diviner usually provides diagnosis through spiritual means, while theherbalist then chooses and applies relevant remedies. Mbiti (1991) clarified thatdiviner's deal with the question of finding out why something has gone wrong.
They tell who may have worked evil magic, sorcery, or witchcraft against the sickor the barren. For their work, they use divination where pebbles, numbers, bonesof certain animals, dice and other means are used. Traditional healers also act ascounselors, rain makers, seers and priests in the society. However, colonial
powers and structures have played an overpowering role in changing the culturallandscape and practices of traditional healers and their patients and havedisrupted the roles played by traditional healers in the society.
2.12 Traditional Healers role in Tuberculosis (TB) treatment
The president of Lesotho traditional healers association, Mr. Liau Malefetsane
reported that thousands of traditional healers are helping in the fight against
tuberculosis (TB) in Lesotho. They have been trained to recognize TB symptoms
such as a persistent cough and are aware of their responsibility to advice patients18 | Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems

suspected to have TB to get proper diagnosis. In Lesotho, when people fall ill, it iscustomary for them to go to their traditional healers first. Healers don't have theequipment necessary to test for TB, neither are medical practitioners. Instead oftrying to treat a suspected TB patient using traditional medicine, healers aretrained to refer them to the nearest TB clinic.
Traditional healers have experience in herbal and mystical remedies and they liveby their trade of treating the community. Healers have a strong incentive to forego
the revenue they would earn if they tried to treat the patient themselves, because
they recognize that if clinical TB treatment is delayed, the disease can be fatal.
2.13 Traditional healers and HIV/AIDS
Traditional healers provide a substantial proportion of health care in resourcepoor settings, including countries with high burdens of HIV in the sub-SaharanAfrica. Traditional healers have played many roles in HIV care, but somebiomedical providers view them as obstacles in providing HIV treatment. The
study that was conducted by Furin (2011) in two districts in Lesotho showed thattraditional healers provide a wide range of HIV services prior to the anti-retroviral(ART) rollout. Traditional healers took on a variety of roles in the ART rollout,
including HIV prevention activities, HIV testing, monitoring patients, andparticipating in joint learning sessions. The study further concluded thattraditional healers can provide a variety of community-based HIV services and are
not obstacles for advancing care in the communities they serve. According toMills et, al. (2006) there is now mounting evidence of the importance of traditional
healers in the management of the HIV/AIDS epidemic, although poorly
researched and understood, and to reduce the impact that some traditional
healing interventions may play part on the spread of HIV/AIDS and unsafe
treatment of infected patients. While there are few collaborative projects between
traditional healers and biomedical health providers, there is an enthusiasm on thepart of traditional healers to collaborate and learn from their western-trained
counterparts. Burnet et, al. (2007) also revealed that there was more support forcollaboration among traditional healers than among formal health workers. Bothtraditional healers and formal health workers have significant and complementaryroles in the field of HIV/AIDS in Zambia, but there is much debate concerning therelationship between them.

Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems | 19

2.14 Lesotho Science and technology Policy (STIP) Objectives
1. To foster a stronger S&T human resource base
> Sustain relevant and accessible S&T programs of learning and advocacy intechnical, vocational and science-based disciplines;> Accord high priority to S&T education, funding and research;> Appraise the education system and devise a funding scheme for S&T training
and research programs;> Set up plan to regularly upgrade critical S&T supplies & equipment for
research laboratories, textbooks and journals for schools and universities.
2. To develop a culture of Innovation for technological production> Develop and promote S&T support network and activities targeted toentrepreneurs and SMEs;> Enhance and diversify the export base; Provide cost-effective technicalsupport to entrepreneurs and enterprises from production to marketingstages;> Set up and nurture a national S&T innovation system and network;> Facilitate access to national, regional and global S&T information networks.
3. To create job opportunities and poverty reduction through the use of S&T
initiatives> Build maximum synergy, cooperation and coordination between and among
S&T users and R&D institutions;> Undertake R&D and diffuse technologies that would improve quality of life;> Ensure participation of women in S&T management, teaching, learning, R&D,
etc.
4. Build a vibrant information society> Take proactive approach to knowledge acquisition and information
dissemination in line with the ICT policy, with a view to build a strong
knowledge-driven economy.
5. Promote and commercialize indigenous knowledge systems> Safeguard the indigenous knowledge systems;> Where possible, convert these to innovative products and services for both
domestic and global markets.

20 | Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems

2.15
Intellectual Property Rights in Lesotho
One of the greatest challenges facing the Country is the management of theTraditional Knowledge Systems especially traditional medicine, due to lack of aregulatory framework. Important components of IK–Systems such as Intellectual
Property Rights (IPR) and Access & Benefit Sharing (ABS) have no policies thatsafeguard them. The Industrial Property Order, 1989 and Copyright Order, 1989
do not address the issue of IK systems directly such that it becomes almost
impossible for one to protect his/her indigenous knowledge. For instance, in apersonal communication with Eric Maliehe, Traditional Herbalist and Author of
the Medicinal Plants of Lesotho (2001), he mentioned that patenting one of his
medicinal preparations took some time. This, he attributed to lack of a clear
regulatory framework and the mistrust the Western Trained doctors have towards
the Traditional healers and the lengthy procedures of the process.
The industrial Property Order of 1989, Part II under matters excluded from patent
protection has the following sections which totally exclude Protection ofindigenous knowledge.
4.2, (b) “Plant or animal varieties or essentially biological processes for the
production of plants and animals, other than microbiological processes and the
products of such processes”;(d) “Methods for treatment of the human or animal body by surgery or therapy, as
well as diagnostic methods practiced on the human or animal body. This
provision shall not apply to products for use in any of those methods”.
2.16 Nagoya Protocol
In a personal communication with Mrs. Rammoko on the Nagoya Protocol on
access to genetic resources and the fair and equitable sharing of benefits arisingfrom their utilization. She pointed out that they have submitted a concept note to
UNEP to assist the country to get funding from GEF; to assist in the ratification of
the protocol.
2.16 Indigenous Knowledge systems applications
The use of indigenous knowledge in innovative development has led to thenumber of surprising successes. The use of indigenous knowledge systems has
demonstrated positive results in the field of: Land and Water ResourcesIntellectual Property, Traditional Knowledge, Access Benefit Sharing Policy Environment in Eight Countries in Eastern and Southern Africa | 21

Management, Use and Conservation of Genetic Resource Materials, Use ofindigenous knowledge on medicinal plants (Hambly and Angura et al, 1996;
Mendoza and Luning, 1997; Salas, 1996; Leonti, 2003; Scheinman, 2000;
Tshabalala 2005.

22 | Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems

3. Methodology
3.1
Introduction
The study was carried out in the seven lowlands districts of Lesotho. The study
comprised of two sets of questionnaires. The first one targeted the traditional
healers whilst the second one was directed to the beneficiaries of traditional
medicine who were basically the households living in the villages with thetraditional healers. Since not all Traditional healers are registered with the healers
association of Lesotho, they were identified with the help of the chiefs who are
custodians of culture in the villages. The questionnaires were piloted in three
districts and these were done along with the Focused Group Discussions.
Departments and Civil organizations linked to traditional medicine, access andbenefit sharing and intellectual property rights were interviewed as key
informants in this study.
3.2
Questionnaire Survey
The structured questionnaires used for the traditional healers had four major
components: these were: household characteristics (i.e. marital status, sex,family size, education and employment). The second component was on sourcesof knowledge, access and benefit sharing. The third on the ability to curediseases including HIV/AIDS and the fourth component checked Biodiversity
issues, policy and the enforcement mechanisms. A total of ninety one traditional
healers were interviewed. The second questionnaire on beneficiaries had threemajor categories: the first referred to household characteristics, as in the firstquestionnaire, followed by the assessment of the communities' use andconfidence in the traditional healers. The last one centered on the policy andmodernization of traditional medicine. One hundred and eight beneficiaries wereinterviewed.
Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems | 23

3.3
Focused Group Discussion
Focused group discussions conducted in the three piloted districts werecomposed of 8 – 12 people selected from a number of villages. The group wascomposed of traditional healers; people involved in initiation schools and thevillage councilors. The discussions were mostly dominated by the elderly people
with their age ranging from around fifty to eighty. The highest percent of theparticipants were males. These people were identified and invited by the area
chiefs. Discussions were on; sources of traditional medicine knowledge,
preservation of traditional medicine, promotion of such traditional medicine(awareness), cases of access and benefit sharing, interaction with the modern
doctors and ways in which their knowledge could be protected. A total of threefocused group discussions were conducted.
3.4
Key Informants Interviews
The departments and civic associations which have their core business related to
traditional healers and medicine, intellectual property rights, Access and benefit
sharing, HIV/AIDS and consumer protection were identified and visits were
made. The Government departments which were visited are as follows;
Department of Parks (CBD), Department of environment (ABS), Law office (IPR),
Science and Technology (Traditional Knowledge system policy) and Parliament
Portfolio committee on HIV/AIDS. The civic associations that were consulted
were: Consumer association of Lesotho, Traditional doctors association of
Lesotho and Lesotho network of people living with HIV/AIDS (LENEPWHA).
3.5
Data Analysis
The data collected from traditional healers and beneficiaries were coded andanalyzed using SPSS version 19. The analyzed information was presented in theform of illustrations, frequencies, percentages, tables and charts

24 | Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems

4. Results & Discussion
4.1
Age
Most of the traditional healers range within the age group of 46-55 years (26.4%).
They are within this range because it is at this stage whereby they have completed
necessary rites of passage, notably initiation school. These are followed by those
who are around 36-45 of age (23.1%) who also constitute a reasonable number,thus in most cases these are newly inaugurated traditional healers. Although theage groups 56 – 65 and 66+ constitute lower percentages of 17.6% and 16.5%
respectively, these groups are highly trusted by the community due to theexperience they have acquired and the number of doctors they have trained.
Thus at this age their decisions are credible based on their maturity level.
Table 1: Educational standards attained by traditional healers andbeneficiaries
Education

Traditional
And with no formal
schooling

Primary

SecondaryHigh

Tertiary

No response

Traditional
Doctors
N= 91

23.1%

56%

14.3%

4.4%

2.2%

0

Beneficiaries
N=108

3.7%

6.5%

41.7%

25%

13%

13%

A significant number of Basotho traditional doctors have only gone up to primarylevel - 56%; Table 1 also shows that, 23% constitutes those who have not been toformal school and another 14.3% from this group have only attended traditional
school. This group possesses indigenous knowledge gained from initiation
Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems | 25

school and their elders while still tending livestock. The beneficiaries interviewed
in this study were ordinary Basotho, randomly selected from the population andthese data could be depicting the educational levels of the Basotho people
especially those in the rural areas as the study covered mostly the rural areas.
Therefore the greatest number of the rural population have gone up to secondary
school (41.7%) followed by high school (25%) and tertiary with 13%. The study
therefore reveals that the majority of traditional healers are below the formal
educational level of the country.
4.3
Sources of knowledge
Most people who are traditional healers have acquired the knowledge from theirancestors (34%) through the process of “HO THOASA”. This is a situation
whereby an individual receives instructions from his ancestors while asleep.
These instructions are well packaged and will include the traditional healer who
will train that individual on the use and other rituals concerning traditional healing
and the sacred place where such rituals are supposed to be performed during thetraining. This is more common with mathuela category of healers. The same
percentage acquired the knowledge from their elders who taught them on theuse of medicine; usually, these are people who have been employees of the
traditional healers and they have acquired this knowledge through being sent out
to fetch herbs or medicinal plants and animals. Besides those who acquired theirknowledge from being shown by their ancestors, the healers who would train
them, the study revealed that there is another category with 28% who never went
for training but received it directly from their ancestors.
4.4
Knowledge Sharing
The majority of the traditional healers (75%) are willing to share their knowledge
with other people with a charge. Normally these are people who come to themeither voluntarily or through a calling by their immediate ancestors. To obtain the
training, more than 28% obtained the knowledge without a cost. In most cases
this revolved around the clan usually to the most trusted and disciplined
members in the family clan. Although more than 24% gained their knowledge
through paying money, it is compared to more than 19% who acquired it throughgiving livestock as payment; but the baseline for payment in livestock is usually a
cow, calculated in monetary terms.

26 | Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems

Table 2: Knowledge sharing and costs on training
Willingness to share knowledge with other people
yes, free of charge yes, but at a cost
no
8.8%
74.7%
13.2%

no response
3.3%

Reasons for not sharing.
not applicable
74.7%

avoid competition
2.2%

Cost incurred during training
not applicable
nothing
25.3%
28.6%

retain knowledge
as family treasure
7.7%

Personal
8.8%

no response
4.4%

money
24.2%

Livestock
19.8%

no response
2.2%

Others2.2%

no response
3.3%

Cost charged by traditional healers on clients
not applicablemoney
livestock
22.0%
37.4%
35.2%

In the past, before the advent of money economy, livestock was the mode ofpayment hence the reason why traditional payments such as lobola are still
quoted in livestock terms. However, some traditional healers, especially theelderly ones, who still value their tradition demand for payments to be done
through livestock. More than 13% are adamant that they cannot share theirknowledge and more than 8% cannot share the knowledge for personal reasons
while more than 7% are avoiding competition from their trainees.
4.5

Traditional Healers capacity on various and the perception
about HIV/AIDS

Table 3: Competence on various diseases and perception of HIV/AIDS
Capacity to cure diseases
Respiratory diseases

79.1%

Digestive diseases

78.0%

Mental diseases

70.3%

STDs

81.3%

HIV/AIDS Perception
Believe in HIV/AIDS existence

56.0%

Do not believe in HIV/AIDS presence

26.4%

Not sure of HIV/AIDS

15.4%

Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems | 27

In all the diseases listed above and other illnesses, more than 70% showedcompetence in curing those diseases. The highest, (81%) showed ability to curesexually transmitted diseases. Table 3 above, indicated that 56% are aware of theexistence of HIV and AIDS. However, in Lesotho it is highly important to note that
26.4% are totally denying the existence of HIV/AIDS and 15.4% are not sure.
These numbers are highly significant considering the alarming rate of infection in
the country. Lesotho is now estimated at approximately 23% of the adults infected
to be aged between 15-49, and that, 57% of all the infected are females (UNAIDS,
2005). Thus, this cannot be left unchallenged, because this indicates a risky
situation. The study revealed that the majority of these healers who deny
HIV/AIDS existence or are unaware of HIV/AIDS, classify it as one of the sexuallytransmitted diseases such as syphilis, gonorrhea, or mahae, (a disease which is
associated with someone who had sex with a woman whose husband has justpassed away and is still in her mourning gowns). This could be one of the reasons
why modern doctors consider them deceiving and misleading in the provision ofprimary health care. Ignoring the existence of traditional healers who are still indenial or ignorant could be fatal to the society as they are the first to be consulted
in the community whenever people fall sick.
4.6

Traditional healers Relations with Modern Doctors

Table 4: Traditional healers' relations with modern doctors
Forums attended with modern doctors
0
yes
no
1.1%
17.6%
75.8%

no response
5.5%

Modern doctors’ confidence in traditional healers
not applicable extremely
partly
74.7%
1.1%
7.7%

very little
5.5%

not at all
7.7%

no response
3.3%

Involvement of traditional healers by the modern doctors in patients’ treatment0
yesnono response
3.3%
3.3%
73.6%
19.8%

Almost 75.8% clearly showed that they have not had any forum with modern
doctors. There are no joint efforts made to share information on diseases as
indicated on table 4 above; that 73.6% also pointed out that they are neverconsulted by the modern doctors in disease curing. This was echoed by thepresident of Lesotho traditional healers association, Mr. Malefetsane Liau during
a Key Informants Interview. He showed that they are never consulted in any way
by their modern counterparts to demonstrate their knowledge in the field of
28 | Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems

medicine. This situation is different with what happens to the neighboring countryof the Republic of South Africa, whereby both traditional healers and modern
doctors do have forums where they could share information. This absence ofconsultations with traditional healers is a clear indication that modern doctors in
Lesotho have a negative attitude towards traditional healers. Although there is acontradiction, as some traditional healers indicated during the focused group
discussions that, they are sometimes consulted by the modern doctors; when
they seek promotions or good fortunes, they normally come to traditional healers
covertly. It is highly likely that the 1.1% and 7.7% who showed that modern
doctors have extreme and partial confidence respectively in them are those thatare consulted by the modern doctors in this fashion.
4.1.7 The impact of traditional medicine on biodiversity
More than 86% of traditional doctors admitted to being faced with declining plants
and animals used in the preparation of medicines. As stipulated in Lesotho fourth
Biodiversity report, with the emergence of HIV Pandemic, the use of indigenous
herbs has intensified because of the assumed potency in managing the viralconditions. Many of these herbs are harvested from the rural areas, usually
smuggled, and sold in the urban areas where they are in high demand by the citydwellers. The reason for this is that most of the people in the towns have migrated
from rural areas and are still attached to their traditions and still consult traditional
healers for medicine. It emerged during the Focused Group Discussions that this
uncoordinated harvesting is done by people who are not licensed healers but
grew up in the villages and are familiar with the herbs. It was further indicated thatthey often use spades hence removing everything that would allow the plant to regrow. Healers normally use small, sharp implements which allow the plants to
grow. In an attempt to counteract this erosion of herbs and animals, the Ministry of
Tourism, Environment and Culture has embarked on massive campaigns to
educate traditional leaders, community councilors and traditional healers on
environmental conservation. Currently, 50.5% have shown that, they do not wait
for plants to grow before harvesting them, while 39.6% have shown that due to theeducation they received and the campaigns conducted by environmental
officers, they do wait for plants to reach maturity and they have engaged into theprocess of having their own community botanical gardens.

Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems | 29

4.8

Legislation and Enforcement of the Indigenous
Knowledge System
More than 92% of Basotho traditional healers believe that IK should be legally
protected. Lesotho, like any other country, has its own traditional healers system
which date as far back as pre-historic period; in fact, this is part of their culture. But
this art is not legally protected. Although there is the Industrial Property Order,
1989 and Copyright Order, 1989; the two acts do not explicitly spell out, to what
extent traditional healers are protected by law within the country. These traditional
healers are only recognized by their traditional chiefs in the villages. There is awide spread fear that as time goes this valuable art might face extinction.
100
90
80

Response %

70
60
50
40
30
20
10
0
Yes

No

No
Response

Figure 1: Legislation on traditional medicine

Furthermore, 85.7%, agree that, community based leaders must be given
adequate training on enforcing policies governing traditional healers. This alsocame up during the focused group discussions that some chiefs and community
councilors connive with the city street vendors who bribe to smuggle some herbs
from the villages. This sentiment extends further to the police men. Before policies
are formulated, traditional medicine men indicate that these policymakers shouldhave an induction course on Indigenous Knowledge System (IKS). About 90% of
the traditional healers also agreed that the Police Service must also be trained on
IKS policy and legislation so that they are enlightened to enforce it.
In general, 89% of traditional healers agree that, the policy makers and thecommunity at large should be sensitized or educated about issues of policies
30 | Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems

surrounding Indigenous Knowledge System. They strongly believe that if thecommunity is aware of issues related to intellectual property rights and accessand benefit sharing so that the natural resources like the biodiversity are used tothe advantage of all. This will make it impossible for those who may try to
manipulate the system. This includes: bogus traditional healers who are not only
affecting the biodiversity, but are also killing innocent lives throughmaladministration of wrong herbs.
4.9
Traditional healers' consultations by the society.
The results as shown in figure 2 below indicate that more than 47% of the peopleinterviewed have never been to the traditional healers in 2010. However, morethan 50% had consulted the traditional healers with the majority being there four
to five times. This is in line with what Gawans, 2005 said at the Common African
Traditional day that Africans have relied on traditional medicine since time
immemorial and still remains the mainstay of primary health care for the majorityof those in the rural areas in Africa. This is partly because of lack of access tohealth care and services but also because of traditional belief systems.
50
45
40

Response %

35
30
25
20
15
10
5
0
Never

Once

Two toThree

Four to
Five

More than
Five

Figure 2: Frequency of visits to the traditional healers in 2010

However, the study indicated that more than 73% have modern clinics near theirhomes and 80% showed that they take less than an hour to reach the modern
clinic therefore lack of access to health care services does not probably apply but
belief in traditional medicine is apparent as more than 60% agreed that they go to
Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems | 31

traditional healers because they believe in traditional medicine. WHO estimatesalso show that about 80% of the African population reverts to traditional medicine
when taken ill.
4.10 Modernization of Traditional Healers
The results as shown in figure 3 below indicated that more than 90% of the
respondents supported modern packaging of traditional medicine. Thesefindings are in agreement with what was discovered in Nigeria that packaging,which enhances attractiveness and also increase shelf life, was not only
appreciated by the usual low class customers of traditional medicine but
attracted upper class consumers (M2 Magazine 2010). It has also been observedin Lesotho that packaging of traditional medicine in a modern way attracted
people from all classes. Mrs Mamotlatsi Dlankamandla is one such traditional
healer who has modernized her surgery such that it operates like a modern clinic.
Her well packaged products are not only sold at her surgery but also around thecountry and beyond the boarders of Lesotho.
100
90
80

Response %

70
60
50
40
30
20
10
0
Yes

No

Do NotKnow

Packaging

Certification

No
ReponseFigure 3: Modernization of traditional medicine

She has more than 50 employees around the country and she is one of thepotential sponsors of a number of activities in the country. More than 86% agreed
that traditional healers should be certified by the traditional healers association.
32 | Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems

Certification of traditional healers is done by the association of traditional healers,
but this does not justify that people who are not registered and certified with theassociation cannot practice as traditional healers. Therefore, if there is no policy
and the enforcement of that policy, registration and certification with theassociation will not help.

Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems | 33

5. Conclusions & Recommendations
The existence of traditional healers and the influence they have on the day to day
lives of both the rural and urban communities cannot be overlooked. Traditional
medicine is one of the oldest concepts that people have been surviving on. There
are quite a number of traditional healers international and regional declarations,strategic plans and conventions that African countries are party to, but very little
has been done to implement them, protect and improve the knowledge. In the eraof HIV and AIDS and other hard to cure diseases, the knowledge is being taken
advantage of for the purposes of self enrichment by people who are not healers at
all. This does not only pose a threat to biodiversity and the lives of the people but
also robes the people money/resources that could have been spent on qualified
traditional healers or modern doctors.
Traditional healers do have an association which is also responsible in giving out
certificates to the healers. It must be noted that; certificates are not awarded on
the basis of competence and there is no thorough scrutiny on the credentials of
the individual before being awarded a certificate. This is simply done to increase
the membership of the association to sustain it through the fees that is paid forregistration and annual subscription. Therefore, it is important that astandardized competence test is offered to the healers before being registeredwith the association and practicing traditional healing. It is also recommended
that only certified traditional healer's clerks should be allowed to harvest the
herbs in the villages.
The impact of uncoordinated harvesting of medicinal plants is a serious concern
to the environmentalists and the communities as a whole. Medicinal plants arebeing harvested at an alarming rate despite the enactment of environment act of
34 | Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems

2009. It is also recommended that every traditional healer must have a botanicalgarden in his yard or field which will be protected by law from any form of
intrusion. Another recommendation is that; the medicinal plants being soldshould be done by the people licensed by the traditional healers association andthis activity must be governed by the association. Again, traditional medicine
should be sold in decent buildings or shelters just like the modern pharmacies. As
it has been shown from the results that beneficiaries would prefer to havetraditional medicine well packaged, it is therefore recommended that traditional
pharmacies are guided by people trained in the preservation and canning to havetheir medicines properly and hygienically packaged. This is already being
practiced by some traditional healers in the country and the rewards areastonishing and there are quite a number of healers modernizing of theirbusinesses; but the quality and safety of their products is one area that must be
researched on.
It is shocking to discover that the majority of traditional healers either do notbelieve in the existence of HIV and AIDS or are not sure about it. This calls for
immediate intervention by all the stakeholders dealing with HIV and AIDS, astraditional healers are also regarded as community leaders commanding much
respect from the society. Their lack of knowledge about the disease holds serious
problems for the community and the people they serve. Negligence by themodern doctors may be observed as one of the factors contributing to theirignorance. It is, therefore, recommended that the medical council of Lesotho
Doctors and the Nurses Association of Lesotho should find a way of conducting
awareness campaigns for the traditional healers on serious illnesses like TB andHIV and AIDS. This must be done in such a way that it will not infuriate traditional
healers otherwise that initiative will fail. This will make the doctors' job easier assome people spend most of their time consulting traditional healers on illnesses
that they don't have capacity to diagnose and cure.
On the overall it has been observed that legal instruments (Industrial Property
Order of 1989 and copyright order 1989) addressing intellectual property rights
are silent on traditional knowledge especially traditional medicine. Therefore it isalso important that existing laws are either amended to accommodate theprotection of traditional knowledge or a different piece of legislation be drafted toaddress IP on traditional knowledge system.
Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems | 35

References
Africa Health Strategy: 2007–2015: Third Session of the African Union
Conference of Ministers of Health. Johannesburg, South Africa.
ARIPO (2010). ARIPO and its member states adopt a new protocol on theprotection of traditional knowledge and expressions of folklore. Harare,
Zimbabwe.
AU, African Model Law (2000). Legislation on Farmers' Rights and community
rights related to crop genetic resources. Algeria.
Biological Diversity in Lesotho, Convention on Biological Diversity. First country
report to the COP 2000. Department of Environment, Maseru, Lesotho.
Burnett, et al. (2007). Caring for people with HIV in Zambia: are traditional healers
and formal health workers willing to work together? Lusaka, Zambia.
Chakela, Q. (1998). State of environment report 2000 Lesotho. Published by
National Environment Secretariat. Maseru Lesotho
Conserve Africa (2004). Overview on Medicinal Plants and Local Communities inAfrica. www.conserveafrica.org.uk
Copyright Order (1989). Order No. 13 of 1989. Government Printing, Maseru,
Lesotho.
Daniels, U. (2007). Traditional Medicine in Africa: View Point. AfricanLoft.
Environment Act (2008). www.Environment.gov.ls
Furin, J. (2011). The Role of Traditional Healers in Community-Based HIV Care in
Rural Lesotho.
Hambly, H. (ed.); Angura, T.O. (ed.) (1996). Grassroots indicators fordesertification: experience and perspectives from eastern and southern Africa
Hebden, S. (2006). 'African law' needed to protect traditional medicine". African
Conservation Foundation.
36| Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems

Industrial Property Order (1989). Order No. 5 of 1989. Government Printing,Maseru, Lesotho.
Leonti, M., Sticher, O. and Heinrich M. (2003). Antiquity of medicinal plant usage
in two Macro-Mayan ethnic groups (México). Journal of Ethnopharmacology,
Volume 88, Issues 2-3
Lesotho Fourth National Report on Implementation of Convention on Biological
Diversity, December, 2009. Department of Environment, Maseru, Lesotho.
Lesotho Vision 2020. WWW.gov.ls
Mabika, H. A. (2006). SADC and HIV/AIDS – Countries should utilize TRIPS
flexibilities. SEATINI Head office Harare, Zimbabwe.
Marlise, R. (2003). Traditional Medicines and Traditional Healers in South Africa.
Johannesburg, South Africa.
Mbiti, J. S. (1991). Introduction to African religion.
Johannesburg, South Africa

Heinemann Publishers.

Mendoza-L,-M.C.; Luning,-H. (1997). Capturing resource user's knowledge in ageographic information system for land resource management: the case of the
Kankanaey farmers in Benguet, Philippines. Geographical-Studies-ofDevelopment-and-Resource-Use (Netherlands).1997, no. 2, 26 p
Mills, et, al. (2006). African Herbal Medicines in the treatment of HIV: Hypoxis andSutherlandia. An evidence and pharmacology. Mc Master University, Canada.
Motlamelle, M.P. (1988). Ngaka ea Mosotho. Morija Printing Works. Morija,
Lesotho.
Mukherjee, P.K. and Wahil, A. (2006). Integrated approaches towards drug
development from Ayurveda and other systems of medicine. Journal of
Ethnopharmacology 103: 25-35.
Munyuki, E. and Machemedze, R. (2010). Implementation of the TRIPS
flexibilities by east and southern African countries: Status of patent law reforms by
2010. East and Southern Africa Region.
Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems | 37

Musungu, S. (2005). Rethinking Innovation, Development and Intellectual
Property in the UN: WIPO and Beyond. Issue paper 5. Quicker International
Affairs Programme. Ottawa, Canada.
M'vunganyi, M. (2009). Traditional Medicine in Africa - A wealth of knowledge on
the verge of demise! Upfront Africa – Voice of America.
M2 Magazine, (2010). Traditional Medicine Packaging Keeps Growing. Marketing
and Business Intelligence. Nigeria
PAHO, (1999). Traditional, Complementary and Alternative Medicines andTherapies. Division of Health Systems and Services Development. Washington
DC, USA.
SADC Secretariat, (2007). Pharmaceutical Business Plan 2007 - 2013. SADC.
Gaborone, Botswana.
Stanley, B. (2004). Recognition and Respect for African Traditional Medicine.
IDRC. Harare Zimbabwe
Scheinman, D. (2000). An Integrated Program for Developing Medicinal Plants: A
Case Study from Tanga, Tanzania; Paper presented to Medicinal Plants Forum for
Commonwealth Africa, Cape Town.
STIP Review of Lesotho: Implementation Strategy (2006 – 2011). United Nations
Conference on Trade and Development.
The WIPO Intergovernmental Committee and its Mandate 2010-2011: Traditional
Knowledge Division, WIPO.
Timmermans, K. (2001). TRIPS, CBD and Traditional Medicines: Concepts andQuestions. Report of an ASEAN Workshop on the TRIPS Agreement andTraditional Medicine. Jakarta, Indonesia.
Tshabalala, V. M. (2005). Indigenous Knowledge lessons from IWRM in Lesotho.
Department of water Affairs, Maseru, Lesotho.

38 | Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems

UNAIDS, (2006). Collaborating with Traditional Healers for HIV Prevention andCare in sub-Saharan Africa: suggestions for Programme Managers and Field
Workers. Geneva, Switzerland.
WHO, 2002. WHO Traditional Medicine Strategy 2002–2005. World HealthOrganization, Geneva, Switzerland.
WWW.CBD.int/convention

Analysis of Traditional Healers in Lesotho: Implications on Intellectual Property Systems | 39

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