The government has taken a decisive step towards regulating the sector, publishing draft regulations under the Traditional Health Practitioners Act for public comment in mid-2024.

Although the Act was initially passed in 2007 to provide a framework for traditional healing practices, it lacked the detailed mechanisms needed for proper implementation. The newly proposed regulations aim to address these gaps by outlining clear requirements for registration, including the necessary qualifications, application procedures, fees, and the role of the Traditional Health Practitioners Council.

Thato Makoaba, an Employment Law Specialist at Cliffe Dekker Hofmeyr, says the lack of clarity has made it difficult for traditional healers to operate formally, particularly when it comes to issuing medical certificates that are recognised by employers.

“There’s always been a provision for registration under the Act, but without specific regulations in place, there’s been no practical way for healers to become officially registered. That’s created uncertainty, especially in the workplace,” Makoaba explained.

Once the regulations are finalised and implemented, registered traditional healers will be able to issue medical certificates that carry legal weight, just like those from conventional doctors. SA courts have already ruled that employers cannot simply disregard such certificates.

This development is also seen as an important step towards cultural inclusivity in professional settings. Employers may need to review workplace policies and offer training to ensure compliance with the evolving legal landscape.

While the public comment period closed in September 2024, there is no official date yet for when the regulations will be enacted.  

--ChannelAfrica--