thephysical or mental preparation of an individual for puberty, adulthood, pregnancy, childbirth and death.
but excludes the professional activities of a person practicing any of the professions contemplated in the Pharmacy Act, 1974 (Act 53 of 1974), the Health Professions Act, 1974 (Act 56 of 1974), the Nursing Act, 1974 (Act 50 of19741, the AlIied Health Professions Act.
"traditional medicine" means an object or substance used in traditional health practice for the purpose of the diagnosis, treatment or prevention of a physical or mental illness; or for any curative or therapeutic purpose, including the maintenance or restoration of physical or mental health or wellbeing in human beings, but does not include a substance used for the satisfaction or relief or a habit or craving for the substance used.
To serve and protect the interests of members of the public who use the services of traditional health practitioners.
Establishment of the Interim Traditional Health Practitioners Council.
There is hereby established a juristic person to be known as the Interim Traditional Health Practitioners Council of South Africa.
The registrar shall convene the first meeting of the council within three months of the commencement of this Act.
The term of office for the Interim Council shall be for a period of three years providedthat the Minister may, in order to facilitate the implementation or development of amendments to this Act, extend the term of office of the Council for a further period of not more than 24 months.
determine policy, and make decisions in terms thereof, with regard to traditional health practitioners and traditional health practice in matters of education, fees, registration, conduct, ethics, finance professional disciplinary procedure, scope of traditional health practice, interprofessional matters and maintenance of professional competence?
give effect to health policies set by the Minister concerning traditional health practice;..
communicate to the Minister information of public importance acquired by the council in the course of the performance of its functions under this Act.
three shall be community representatives; and one shall be a representative from each category of traditional health practice specified in this Act.
he or she has been diagnosed as having a mental illness or becomes a patient as defined in section 1 of the Mental Health Act, 1973 (Act No.
he or she has beenconvicted of an offence, and sentencedto imprisonment without the option of a fine, whether or not such sentence has been suspended;..
Every vacancy on thecouncil arising from a circumstance referred to in subsection (1) and every vacancy caused by the death of a member, shall be filled by appointment by the Minister and every member so appointed shall hold office for theunexpiredportion of the period for whichthe vacating member was designated or appointed.
he or she becomes impairedto the extent that he or she is unable to cany out his or her duties as a member of the council.
the period for which the member was appointed has expired and his or her appointment is not renewed by the Minister.
has been disqualified interms of anylaw, from practising as a traditional health practitioner.
an office bearer or employee of any party, organisation or body of a political nature.
The chairperson and vice-chairperson shall hold office for the duration of the term of office for which he or she has been appointed by the Minister to the council unless the chairperson or vice-chairperson resigns or ceases to be a member prior to the expiry of his or her term of office as a member.
In the absence of the chairperson of the council or in the event that the chairperson is for anyreason unable to actas chairperson, the vice- chairperson shall navethe authority to performall of the functions and exercise all of the povilers of the chairperson.
If boththe chairperson andthe vice-chairperson are absent from any meeting, the members present shall elect one of their number to preside at that meeting and, until the chairperson or vice-chairperson resumes duty, perform all of the functions and exercise all of the powers of the chairperson.
If both the chairperson and the vice-chairperson have been given leave of absence, the members of the council shall elect one of their number to act as chairperson untii the chairperson or the vice-chairperson resumes duty or vacates office.
If the office of the chairperson becomes vacant, the Minister shall appoint as chairperson, at his or her discretion, a personfrom among the remaining members of the counci!, or any other person, in terms of section 7(l)(a) and theperson SD appointed shall hold office for the unexpired portion of the period for which his or her predecessor was appointed.
If the office of the vice-chairperson becomes vacant, the members of the council shall, at the first meeting after such vacancy occurs orassoon thereafter as ma bn cmvenient, elect from among themselves 8 newvice-chairperson anG the member SO elected shail hold office for the unexpired portion of the period for which his or her predecessor was eiected.
(7)A chairperson or vice-chairperson may vacate office as such without such vacation by itself terminating his or her membership of the council provided that shoulda chairperson vacate office without terminating his or her membership of the council, the Minister shall appoint a new chairperson from amongst the members of the council in terms of section 7(l)(a).
The registrar shall in consultation with the chairperson convene the meetings of the council on such a time and date determine by him or her to dispatch its business.
The council shall meet not less than twice annually for the purpose of conducting its business provided that the council may in addition hold such further meetings as it may from time to time determine.
shall be convened by the chairperson at such place and on such date as he may determine within thirty days of the receipt by him or her oi a written request by the Minister or of a written request signed by at least six of the members: provided that such written request shall state clearly the purpose for which the meeting is to be convened.
Twelve members of the council shall constitute a quorum for the purposes of any meeting of the council.
Subject to the provisions of subsection 61,at all meetings of the Council each member present shall have one vote on a question before the Council.
All matters, acts or things authorised or required to be done by the council shall be decided by a majority vote at a meeting of the council at which a quorum is present.
Notwithstandinganything tothe contrary in this Act, the majority of members of the council or any of its committees, shall be one half of the total number of the members present plus one.
Only members of the council shall have voting rights on my master in which the council is required to make a decision.
A decision of the majority of themembers of the council present atany meeting shall constitute the decision of the council: Provided that in the event of an equality of votes, the member presiding shall have a casting vote in addition to a deliberative vote.
No decision taken by the council or act performed under the authority of the council shall be invalid by reason only of an interim vacancy on the council or of the fact that a person whois not entitled to sit as a member of the council, sat as member at a time when the decision was taken or the act was authorised, if the decision wastaken or the act was authorized by the requisite majority of the members of the council who were present at the time and entitled to sit as members.
The council may from time to time establish such committees, including disciplinary committees, as itmay deem necessary, each consisting of so many persons appointed by the council as the council may determine but including, except in the case of a disciplinary appeal committee referred to in subsection 31, at least one member of the council who shall be chairperson of such committee.
The council may, sutfject to the provisions of subsection (3), delegate to any committee established in terms of subsection (l),or to any person some of its powers as it may from time to time determine, but shall not be divested of any power so delegated.
The council shall from time totime as the need arises, establish ad hoc disciplinary appeal committees, each consisting of, as chairperson, a retired judge or retired senior magistrate, or an attorney with at least 10 years experience as such, not more than two registered persons drawn from the occupation of traditional health care practitioner and a member of the council appointed in terms of section 7(l)(h), which member shall not be a person registered in terms of this Act.
A disciplinary appeal committee referred to in subsection (3) shall have the powerto vary, confirm or set aside a finding of a disciplinary committee established in terms of subsection (1) or to refer the matter back to the disciplinary committee with such instructions as it may deem fit.
A decision of a disciplinary committee, unless appealed against, shall be of force and effect from the date determined by the disciplinary committee.
Where a matter has been considered by a disciplinary appeal committee, the decision of the disciplinary appeal committee, unless appealed against, shall be of force and effect from the date determined by the disciplinary appeal committee.
All registration, licensing and examination fees and any other fees payable under this Act shall be paid to the council and shall constitute its funds.
The council shall utilise its funds for the defrayal of expenses incurred by the council and the office of the registrar in the performance of their functions under this Act.
The council shall cause an account to be opened with an institution registered as a bank and shall deposit in that account all moneys received in terms of this section.
The council may invest money, which is deposited in terms of subsection (3) and which is not required for immediate use, in any manner as it may deem fit.
Any money which at the close of the council's financial year stands to the credit of the council shall be carried forward to the next financial year as a credit in the account of the council.
The council may invest any unexpended portion of its moneys and may establish such reserve funds and paytherein such amounts as it maydeem necessary or expedient.
the Auditor-General's report on those statements.
If anything required to be done under this Act in connection with the appointment of any member is omitted or not done within the time or in the manner required by this Act, the Minister may order all such steps to be taken as may be necessary to rectify the omission or error or may validate anything done in an irregular manner or form, in order to give effect to the objects of this Act.
17 Appointment of theRegistrar The Minister shall, after consultation with the council, appoint a person to be the registrar of the council to carry out its functions under this Act and the Minister may, after consultation with the council dismiss such person.
cf keep registers in respect of traditional health practitioners and students and shall on the instructions of the council enter in the appropriate register thename, physical address, qualifications, date of initial registration and such other particulars, including, where applicable.
convene meetings of the council and any committee thereof maintain the records of any such meetings.
The registrar may inwriting authorise any member of his or her staffto exercise or perform any power, duty or furktion conferred or imposed on him or her by or in terms of this Act.
No person shall be entitled to practise as a traditional health practitioner within the Republic unless he or she is registered in terms of this Act.
such further documents and information in relation to his or her application as may be required by the registrar on the instructions of the council.
The registrar shall only register a traditionalhealth practitioner if the registrar is satisfied that the person applying for registration is suitably qualified to be a traditional health practitioner or if the council is so satisfied.
The registrar shall delete from the register the name of the registered traditional health practitioner or mark in the register the name of any person suspended from practice and shall notify such person in writing accordingly.
whose registration is proved to the satisfaction of the council to have beenmade in error or through fraudulent.
whois suffering from a mental illness or who becomes a patient as defined in the Mental Health Act, 1973 (Act No 18 of 1973) or its successor.
Notice of the removal in terms of subsection (1)by virtue of the provisions of any of paragraphs (b) up toand including (1) of subsection (1) of a person's name from the register shall be given by the registrar to the person concerned by registered mail addressed to such person at the address of such person as it appears in the register.
any registration certificate issued in terms of thisActto the person concerned shall be deemed to have been cancelled; and a person whose name has been removed from the register shall cease to practise as a traditional health practitioner an'd shall not perform any act which he or she, in his capacity as a registered person, was entitled to perform until such time as his or her name or the entry removed from the register as the case may be, is restored to the register.
complies with such other requirements as the council may from time to time determine.
the applicant has paid any prescribed fee determined by the council.
The registrar may, upon payment of the prescribed fee, issue to any registered person a certificate of status containing particulars relating to such person's registration as well as a statement to the effect that the said person is not disqualified fmm practising his or her occupation and thatno disciplinary steps are pending against him or her in terms of this Act.
The registrar may issue a certified extract from the register or a certificate referred to in subsection (2) under his hand to any person upon payment of the prescribed fee.
A certificate may be issued subject to certain conditions imposed by the council and such conditions shail be indicated on the certificate.
The registers shall be kept at the office of the registrar, and the council may, at intervals determined by it, cause copies of the registers or supplementary lists showing additions, removals, amendments, or revisions effected since the last pvblication of copies of the complete registers, to be printed and published.
A copy of the last published issue of a register or any suppiementary list purporting to be printed and published on the authority of the council sha!!
has been removed from the register since the date of the last published issue thereof and has not been restored theretc, a certificate under the hand of the registrar that the name of such person has been removed from the register shallbeproofthat suchperson is not registered according to the provisions of this Act.
A certificate of registration shall be evidence of registration for a period of one year only and thereafter an annual practising certificate which shall be issued upon payment of the prescribed annual fee and the submission of such information as may be required by the council to enable to keep accurate statistics on human resources in the health field, shall be regarded as proof of registration.
Any person who is aggrieved by a decision of the registrar may lodge an appeal within thirty days of the decision to the council.
Anyperson who is aggrieved by a decision of the council may appeal to the appropriate High Court against such decision.
The Minister may, on the recommendation of the council, prescribe qualifications obtained by virtue of examinationsconducted by an accredited instittition, educational authority or other examining authority in the Republic, which, held singly or conjointly with any other qualification shall entitle any holder thereof to registration in terms of this Act if he or she has, before or in connection with or after the acquisition of the qualification in question, complied with such conditions or requirements as may be prescribed.
the criteria for recognition by the council of continuing education and training courses and of education institutions offering such courses.
Notwithstanding anything contrary to the provisions of this Act, the council shall have the power to institute an inquiry into any complaint, allegation or charge of unprofessional conduct against any person registered in terms of this Act and on finding such person guilty of such conduct, to impose any of the penaities prescribed in section 29: provided that in the case of a complaint, charge or allegation which forms or'is likely to form the subject of a criminal case in a court of law, the council may postpone the holding of an inquiry until such case has been determined.
If the council is in doubt as to whetheranyinquiry shouldbe heldin connection with a complaint, charge or aliegation, it may, in connection with the allegation, charge or complaint in question, consult with or seek further information from any person, including the person against whom the allegation, charge or complaint has been lodged.
The registrar may with the approva; of the chakperson of the council appoint an officer of the council as investigating officer for the purposes of this section.
If the registrar deems it necessary, he or she may with the approval of the chairperson of the council and on such conditions as the council may determine, appoint any person other than a member of the council, who is not in the full-time employment of the council, as investigating officer for a particular investigation, or to assist the investigating officer contemplated in subsection (1)with a particular investigation.
A person appointed in terms of subsection (2) shall, for the purpose of the investigationin question, have the same powers andduties as the investigating officer contemplated in subsection (1).
The registrar shall issue to every person appointed under subsection (1) or a certificate to the effect that he or she has so been appointed, and, in the case of a person appointed for, or to assist with, a particular investigation, that he has been appointed for such investigation, and in the exercise of his powers and the carrying out of his duties that person shall on demand produce such certificate.
into the affairs or conduct of a registered person, if requested to do so by a person by reason of allegations confirmed upon oath.
at any time and at any place request any person who has or is suspected on reasonable grounds of having in his possession or custody or yder his control any book, document or thing relating to the matter which he is investigating, to produce it immediately or at a time and place determined by the registrar or investigating officer, examine suchbook, ''-.
The registrar or an investigating officer who carries out an investigation under this section, shall compile a report of the investigation, and a report compiled by an investigating officer shall be submitted to the registrar.
If the report referred to iE subsection (7)reveals primfacie evidence of improper or disgraceful conduct Contemplated in this Act and no complaint, charge or allegation regarding the conduct in question has been made for the purpose of an inquiry in terms of section 27, such report shall be deemed to be a complaint made for that putpose, and the registrar shall serve a copy thereof on the registered person concerned.
If the report referred to in subsection (7) revealsprimafucie evidence which in the opinion of the chairperson of the council makes it desirable that an inquiry on the grounds of apparent impairment be instituted, the registrar shall serve a copy thereof on the registered person concerned.
If the report referred toin subsection (7) does not reveal prim facie evidence of unprofessional conduct contemplated in this Act, the registrar shall serve a copy thereof to the registered person Concerned.
To the extent that the report referred min subsqtion (7) contains statements of witnesses which would have been admissible as oral evidence at an inquiry into impairment or complaints, charges or allegations unprofessional conduct, the provisions of section 213 of the Criminal Procedure Act, 1977 (Act 51 of 19771, shall apply mutatis mutandis in respect of those statements at such an inquiry.
A person who carries out or assists with the carrying out of an investigation in terms of this section, shall keep or assist in preserving secrecy in respect of all facts which come to his notice in the performance of his functions, and shall not disclose any such fact to any person except the registrar, the chairperson, the council, or the public prosecutor concerned in the case of an offence in terms of this Act, or by order of a court or in terms of any law.
Notwithstanding the provisions of subsection (12), no personal particulars regarding a patient shall be disclosed to any person except by order of a court or with the consent of the presiding officer at an inquiry contemplated in terms of this Act.
The court order referred to in subsection (13)shall be executedas if it were a judgment in a civil case in a magistrate's court.
in the case of a contravention contemplated in paragraph (d), to a fine not exceeding the amount prescribed fromtime to time or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
The provisions of this section shall be without prejudice to the power of any authority to institute an investigation into any alleged contravention of, or failure to comply with, any provision of this Act.
a caution or a reprimand or a reprimand and a caution; or suspension for a specified period from practising or performing acts specially pertaining to his occupation; or removal of his name from the register; or a fine up'to a maximum amount prescribed by the Minister; or a compulsory period of community service as may be determined by the council: or the pa'yment of the costs of the proceedings or a restitution.
If an appeal is lodged against a penalty of erasure or suspensionfrom practice, such penalty shall remain effective until the appeal is heard.
Everypersonwhose conduct is the subject of an inquiry under section 27, shall be afforded an opportunity, byhimself or through his legal representative, of answering the charge and of being heard in his defence.
For the purposes of any inquiry held in terms of section 27, the council may take evidence and may, under the hand of the chairperson or the registrar, summon witnesses and require the production of any book, record, document or thing, and may, through the chairperson of the council or the person presiding at the inquiry, administer an oath to any witness or accept an affirmation from him or her, and may examine any book, record, document or thing which any witness had been required to produce.
A summons to appear before the council as a witness or to produce to it any book, record, document or thing shall be, as nearly as practicable, in the prescribed form, shallbesigned by the chairperson of the council or the registrar and shall be served either by registered letter sent through the post or in the same manner as it wouid have been served if it were a subpoena issued by a magistrate's court.
(iii)refuses to produce any book, record, documqt or thing which he has in terms of the summons been required to produce:, shall be guilty of an offence and on conviction liable to a fine as determined by the Minister in consultation with the Minister of Justice by notice in the Gazette: Provided that every person so summoned shall be entitled to all the privileges to which a witness subpoenaed to give evidence before a provincial division of the High Court is entitled.
The chairperson of the council may appoint a personwith adequate experience in the administration of justice to be present as an assessor at an inquiry and to advise the council or the disciplinary committee, as the case may be, on matters of law, procedure or evidence.
The council may, if it deems fit.
If a person registered in terms of this Act(inthis section referred to as the accused) is alleged to be guilty of unprofessional conduct and the council on reasonable grounds is of the opinion that it shall impose a fine as determined by the Minister in consultation with the Minister of Justice by notice in the Gazette on conviction after an inquiry in terms of section 27, the council may issue a summons as prescribed onwhich an endorsement is made by the council that the accused may admit that he or she is guilty of the said conduct and that he or she may pay the fine stipulated without appearing at the said inquiry.
Where a summons is issued' against an accused in terms of thisAct, the accused may, without appearing at an inquiry in terms of'section 27, admit his or her guilt in respect of the conduct referred to in su6section (1) by paying the stipulated fine (in this section referred to as the admission of guilt fine) to the council before a date specified in the summons.
Anypenaltyimposedunderthis section, excluding an admission of guilt fine, shall be paid to the council within 14 days after such imposition.
The imposition of a penalty shall have the effect of a civil judgment of the magistrate's court of the district in which the inquiry under section 27 took place.
The Minister may on the recommendation of the council amend the amount mentioned in subsection (7) by notice in the Gazette.
30 Postponementof imposition, and suspensionof operation of penalty or part thereof.
postpone the imposition of a penalty for such period andon such conditions as it may determine: or impose any penalty referred to in section 29 (1) (b), (c) or (d), but order the execution of such penalty or any part thereof to be suspended for such period and on such conditions as it may determine.
If at the end of the period for which the imposition of a penalty has been postponedin terms of subsection (1) (a), the council is satisfied that the practitioner concerned has observed all the relevant conditions, the council shall inform him or her that no penalty will be imposed upon him or her.
If the qecution of thepenalty or any part thereof hasbeen suspended in terms of suhsection (1) (b) and the council is satisfied that the practitioner concerned has observed all the relevant conditions throughout the period of suspension, the council shall inform him or her that the penalty will not be executed.
If the execution of a penalty or any part thereof has been suspended in terms of subsection (1) (b) and the practitioner concerned fails to observe any one of the conditions of suspension, the council shall put such penalty or part thereofinto operation unless the practitioner satisfies the council that tne non-observanceof the condition concerned was due to circumstances beyond his or her control.
Every person who has been suspended or whose name has been removed from the register in terms of section 29 shall be disqualified from carrying on his or her occupation and his or her registration certificate shall be deemed to be cancelled until the period of suspension has expired or until his or her name has been restored to the register by the council.
Everyregistered person who, either before or after registration, has been convicted of any offence by a court of law may be dealt with by the council in terms of the provisions of this chapter if the council is of the opinion that such offence constitutes unprofessional conduct, and shall be liable on proof of the conviction to one or more of the penalties referred to in section 29: Provided that, before imposition of any penalty, such person shall be afforded an opportunity of tendering an explanation to the council in extenuation of the conduct in question.
COPY of the record of such proceedings, ormch portion thereof as is material to the issue, shall be transmitted to the council.
Any person who gives false evidence on oath at any inquiry held in terms of this Act, knowing such evidence to be false, shall be guilty of an offence and liable on conviction to the penalties prescribed by law for the crime of perjury.
Save as is provided in this Act, the council or any member or officer thereof shall not be liable in respect of any act done in good faith or duty performed in accordance with this Chapter.
The council shail from time to time make rules specifying the acts or omissions in respect of which the council may take disciplinary steps in terms of this chapter: Provided that the powers of the council to inquire into anddealwithany complaint, charge or allegation relating to a health occupation under this chapter, shall not be limited to the acts or omissions so specified.
No rule made in terms of subsection (1) or any amendment or withdrawal thereof shail be of force and effect until approved by the Minister and published in the Gazette.
The Minister may, after consultation with the council, make regulations relating to inquiries in respect of students or persons registered in terms of this Act who appear to be impaired, on the assessment of their condition, the conditions to be imposed on their registration or practice, their suspension or removal from practising, revocation of conditions, suspe&ion or removal and on acts of unprofessional conduct committed before or during assessment or investigation.
when so requested by the person concerned; or when such fee exceeds that usually charged for such services, and shall in a case to which paragraph (b) reIates, also inform the person concerned of the usual fee.
Any traditionai health practitioner who in respect of any traditional health services rendered by him claims payment from any person (in this section referred to as the patient) shall, 'subject to the provisions of the Medical Schemes Act, 1998 (Act 131 of 1998) where applicable, furnish with a detailed account within a reasonable period.
The patient may, within three months after receipt of the account referred to in subsection (2), apply in writing to the council to determine the amount which in the opinion of the council should have been charged in respect of the services to which the account relates, and the council shall, as soon as possible after receipt of the application, determine the said amount and notify the traditional health practitioner and the patient in writing of the amount so determined: Provided that before the council determines the said amount, it shall afford the practitioner concerned an opportunity to submit to it in writing his or her case in support of the amount charged.
The Minister may, after consultation with the council, make such regulations as he or she may deem necessary in relation to the procedure which the council shall follow in disposing of an application under subsection (3).
The council may from time to time determine and publish the fees used by the council as the norm for the determination of amounts contemplated in subsection (3).
A claim which is the subject of an application referred to in subsection (3) of which notice has been given by the council or the patient to the traditional health practitioner, shall not be recoverable until a determination has been made in terms of that subsection, and when such a determination has been made no amount which exceeds the amount so determined, shall be payable: Provided that if the patient has paid to the traditional health practitioner an amount in settlement or part settlement of such claim and such amount exceeds the amount so determined, the traditional health practitioner shall pay the amount by which that payment exceeds the amount so determined back to the patient.
This section shall not be deemed to divest the council of any of its powers or functions in terms of this Act with regard to acts or omissions in respect of which it may take disciplinary steps.
impersonates any person registered in terms of this Act; or supplies or offers to supply to any person not registered under this Act or any other law, an instrument or appliance which can be used, or is claimed to be effective, for the purpose of diagnosing, treating or preventing physical or mental defects, illnesses or deficiencies in man, knowing that such instrument or appliance will be usedby such unregistered person for the purpose of performing for gain an act which such unregistered person is in terms of the provisions of this Act or any other law prohibited from performing for gain, shall be guilty of an offence and on conviction liable to a fine not exceeding the maximum amount as prescribed from time to time by the Minister, in consultation with the Minister of Finance, in the Gazette.
No remuneration shall be recoverable in respect of any act specially pertaining to the occupation of a traditional health practitioner when performed by a person who is not authorized under this Act to perform such act for gain.
No person other than a person registered in terms of this Act, holding the necessary qualifications, shall be eligible for or entitled to hold any appointment to establishment, institution, body, organization or any association, whether public or private, if such appointment involves the performance of any act which an unregistered person, in terms of the provisions of this Act, may not perform for gain: Provided that nothing in this subsection contained shall be construed as prohibiting the training of traditional health practitioners under the supervision of a suitably qualified traditional health practitioner, or the employment in any hospital or similar institution of any person undergoing training with a view to registration in terms of this Act, under the supervision of a suitably qualified traditional health practitioner or other health professional.
Notwithstanding anything to the contrary in anylaw contained, any person who has been authorized by the council in writing to investigate any matter relating to the teaching or training of any person or class of persons undergoing such teaching or training for the purpose of qualifying themselves for the practising of the occupation to which the provisions of this Act apply, may, for the purpose of making such investigation, enter any institution or premises utilized in the teaching or training of any such person or class of persons.
Any personwho prevents any person authorized in terms of subsection (1) from entering any institution or premises referred to inthat subsection, or who hinders him in the making therein or thereon of any investigation contempIatedin that subsection, shall be guilty of an offence and on convictign liable to a fine not exceeding the amount prescribed by the Minister, in consultation with the Minister of Finance, in the Gazette from time to time.
The Minister may, after consultation with the council, by notice in the Gazette exempt any juristic person or class of juristic persons specified in the notice, either generally or subject to such conditions as may be specified in the notice, from the operation of any of the provisions of this Act, so as to enable such juristic person to practise as a traditional health practitioner, likewise specified, in respect of which registration in terms of this Act is a prerequisite for practising.
The Minister may after consultation with the council at any time by notice in the Gazette amendor repeal any notice issued under subsection (1).
any matter necessary to effect the smooth implementation of this Act and the transition of traditional health practice from an unregulated to a regulated occupation; and generally, all matters which the Minister considers necessary or expedient to prescribe in order that the purposes of this Act may be achieved, and the generality of this provision shall not be limited by the preceding paragraphs of this subsection.
The provisions of any regulation made under paragraph (e) of subsectior, (1) relating to fees payable under section 20 (4)may vary according to the reason for the removal of a person's name from the register and the period during which it wasso removed.
Any regulation made under this section may prescribe penalties for any contravention thereof or failure to comply therewith.
Any proclamation or notice issued or regulation, rule or order made under this Act may from time to time be amended or repealed by the authority by which it was issued or made.
The Minister shall, not less than three months before any regulation is made under subsection (1). cause the text of such regulation to be puhshed in the Gazette together with a notice declaring his or her intention to make such regulation and inviting interested persons to furnish him or her with any comments thereon or any representations they may wish to make in regard thereto.
(b)any regulation in respect of which the Minister is advised by the council that the public interest requires it to be made without delay.
the nature and duration of training to be undergone by any person who has obtained a qualification in traditional health practice but who is no!
the qualifications which maybe registered as additional qualifications in terms of this Act; and any matter which in terms of thisActisrequired to be or may be promulgated as rules.
The council shall, not less than three months before any rule is made in terms of this Act, cause the text of such rule to be published in the-Gazette together with a notice declaring the council's intention to make such rule and inviting interested persons to furnish the council with any comments thereon or any representations they may wish to make in regard thereto.
diagnoses, treats or offers to treat, or prescribes treatment or any cure for cancer, HIV/AIDS or such other terminal disease as may holds himself out to be able to treat or cure cancer, HIV/AIDS or such other terminal disease as maybeprescribed or to prescribe holds out thatany article, compound, traditional medicine or apparatus is or may be of value for the alleviation, curing or treatment of cancer, HIV/AIDS or such other terminal disease as may be prescribed.
shall be guilty of an offence and on conviction liable to a fine or to imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment.
For the purposes of subsection (1) 'cancer' shall include all neoplasms, irrespective of their origin, including lymphoma and leukaemia.
uses any name declared by regulation to be a name which may not be used, shall be guilty of an offence and on conviction liable to a fine or to imprisonment for a period not exceeding twelve months, or to both such fine and such imprisonment.
The Minister may, on the recommendation of the council, at any time by notice in the Gazette prescribe a fee to be paid annually to the council by the registered persons concerned: Providedthat in prescribing such fee the council may differentiate between persons according to whether they have been registered before or after a date specified in the notice and may vary such fee according to whether it is paid before or after a specific date.
(1)fails or refuses to pay such fee within the period specified in the notice in question, the council may recover such fee by action in a competent court.
If a person's name has been removed from the register in terms of this Act it shall be a condition precedent for the restoration of his or her name to the register that he or she pays the outstanding annual fee.
The council may by resolution exempt for an indefinite or definite period any registered person specified in the resolution from payment of any annual fee prescribed in terms of subsection (1).
For a period of one year from the date of commencement of this Act, no person shall be subject to legal or disciplinary action or any penalty contemplated in this Act for engaging in traditional health practice without being registered in terms of this Act: provided that upon the expiry of such period, ail applicable legal and disciplinary steps and penalties contemplated in this Act may be taken against or imposed upon persons acting in contravention of the registration requirements of this Act.
This Act shall be called the Traditional Health Practitioners Act, 2003 and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.