Institutionalization & Operationalization of Traditional Medicine: briefing by the Department of Health & Workshop on Children’s
NCOP Social Services
12 September 2006
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Meeting report
SOCIAL
SERVICES SELECT COMMITTEE
12 September 2006
INSTITUTIONALIZATION AND OPERATIONALIZATION OF TRADITIONAL MEDICINE: BRIEFING
BY THE DEPARTMENT OF HEALTH and WORKSHOP ON CHILDREN’S BILL [B19-2006]:
PLANNING AND WAY FORWARD: BRIEFING BY DEPARTMENT OF SOCIAL DEVELOPMENT.
ADOPTION OF COMMITTEE REPORTS
Chairperson: Ms J Masilo (ANC, North West)
Documents handed out:
Draft Report on
the oversight visit of the Select Committee on Social Services to the Western
Cape Province on 31 July – 04 August 2006
Draft Fourth Term
Programme- 2006
Speaking Notes:
Institutionalization of Traditional Medicines
The proposal
to the NCOP Select Committee on Social Services on taking the Children’s
Amendment Bill forward from the NCOP to Provincial Legislatures
Draft Programme on the
workshop on the Children’s Amendment Bill and Final Costing Report
SUMMARY
The Department of Health briefed the Committee on the process of incorporating
traditional medicine and practices into the formal health care system. Government
had the responsibility to ensure that African traditional medicines were safe
and of an acceptable quality. Innovation and knowledge resting with traditional
practitioners had to be harnessed and further developed for the benefit of the
public. The process of institutionalisation involved six main processes, which
included legislative protection, education and training, need for recognition
of practitioners and sufficient support in the production processes. A
Presidential Task Team would advise on an appropriate regulatory and legal
framework for the institutionalisation of Traditional Medicine. The Medicines
Control Council (MCC) had established a Committee to evaluate traditional
medicines, with a view to facilitating their registration. An clinical trials
committee was also established.
Questions raised by members related to the regulation of the diversity
of traditional medicine, and the expected time frames, the reasons for the
constitutional court challenge to the Traditioanal Health Practitioners Act,
the problem of secrecy, the impact of colonialism on traditional medicines and
practices, and the future registration of practitioners.
The Department of Social Services outlined the planned programme and aims of
the proposed workshop on the Children’s Bill. The workshops were intended to
assist members of Select and Portfolio Committees, as well as provincial
legislatures, to better understand the content, nature and scope of the Bill.
Areas of monitoring and evaluation on provincial and local government levels
would also be identified, to ensure that the Committee’s oversight role was
strengthened. Members raised queries on the time lines, translation of the
Bill, the venue for the workshop and the inclusion of the Joint Committee on
Children, Youth and Persons with Disabilities.
The Committee adopted the draft report on its Oversight Visit to the Western
Cape, the Minutes of the previous meeting and the draft programme for the
fourth term.
MINUTES
Institutionalisation of the Use of Traditional Medicine: Briefing by
Department of Health
Prof
Ronnie Green–Thompson (Advisor to the Department of Health) briefed the
Committee on the Department of Health (DoH) plans to institutionalise the use
of traditional medicines in South Africa. Government had the responsibility to
ensure that African traditional medicines were safe and of an acceptable
quality. Innovation and knowledge resting with traditional practitioners had to
be harnessed and further developed for the benefit of the public.
The Department had recently held a conference in Benoni to discuss the process
of institutionalisation with the relevant stakeholders. Six main themes were
identified, which included the need for appropriate legislation to protect
indigenous knowledge, education and training of traditional practitioners, the
need for mutual recognition and respect for African traditional practitioners
and sufficient support for the production of traditional medicines.
A Presidential Task Team would advise on an appropriate regulatory and legal
framework for the institutionalisation of Traditional Medicine. This would
include the identification of possible models for the protection of traditional
medicine. It would also review current research methodology with regard to
traditional medication and would review the steps to codify and preserve such
knowledge. It would promote the development of a pharmacopoeia.
The Medicines Control Council (MCC) had established the African Traditional
Medicines Committee to evaluate traditional medicines, with a view to
facilitating their registration. An African medicine clinical trials committee
was also established to develop guidelines for managing the clinical trials. A
ministerial task team would investigate the functioning of these bodies with a
view to improve their efficiency and relevance.
Discussion
Ms N Madladla- Magubane (ANC, Gauteng) asked how the Department
envisaged regulating the diversity of traditional medicine.
Prof Green–Thompson responded that the Department in South Africa, like its
Chinese and Indian counterparts, would formally classify all sources and types
of traditional medicines and practices. He acknowledged that the identification
and classification of the best from different cultures would be a challenge.
Guidelines for this process had also been discussed at the recently held
conference in Benoni.
Mr B Tolo (ANC, Mpumalanga) acknowledged that the institutionalisation of
traditional medicines would take time. He asked how long this process took in
countries such as China and Philippines.
Prof Green–Thompson could not provide a specific timeline for the similar
processes in these countries. He agreed that the institutionalisation of
traditional medicine would be challenging and could only be realized over time.
He reaffirmed the Department’s commitment to ensure that traditional medicines
were recognized as part of the country’s health care system. The Committee,
through its constituency work, could ensure that communities were made aware of
this process.
Mr Tolo asked on what grounds the Constitutional Court had withdrawn the
Traditional Health Practitioners legislation..
Mr M A Sulliman (ANC, Northern Cape) commented that the Court had expressed
reservations regarding the process of developing the legislation, rather than
on its content. Parliament would work hard to this reinstate this legislation
as soon as possible.
Mr Tolo cautioned the Department on the difficulties in creating awareness
about the use of African traditional Medicine and practices. These practices
were based on secrecy. He wondered whether healers would agree to provide the
relevant information.
Prof Green–Thompson responded that the Presidential Task Team on Traditional
Medicine and Practices would tackle the problem of secrecy. He suggested that
the protection of intellectual property rights would encourage the disclosure
of relevant information.
Mr J O Thlagale (UCDP, North West) commented that the origins of this secrecy
lay in the impact missionaries had on traditional ways of life. He said that traditional
medicines and practices had systematically been discredited. Traditional
medicines had to be demystified.
Prof Green–Thompson acknowledged the impact colonialism had on the perceptions
about African traditional medicine and practices. He expressed the Department’s
commitment to ensure that such practices were de-stigmatised.
Ms A N Qikani (UDM, Eastern Cape) asked whether traditional healers would
adhere to similar classifications as those developed by the South African
Nurses Council (SANC).
The Chairperson wondered how the Abathandazeli (faith healers) would be
formally classified as a profession.
Prof Green–Thompson answered that the Traditional Healer’s Council would
develop a system of classification similar to that of the SANC. The Department
would neither prescribe nor pre-empt this classification. It could only provide
the Council with recommendations
Mr Tolo asked what the Department’s stance was on the use and effectiveness of
the much-publicized “Ubejane” medicine as an immune system booster.
Prof Green–Thompson acknowledged the speculation around the medicinal value of
‘certain traditional medicine’ in the Limpopo Province. He believed that the
focus should be on promoting all traditional remedies, rather than particular
ones. The Department would develop appropriate structures to formally research
the health benefits of traditional medicines.
The Chairperson suggested that the Department could host another workshop on
this process of institutionalisation, and thanked the presenter.
Workshop on the Children’s Bill: Programme and Aims: Briefing by Department
of Social Services
Dr Maria Mabetoa (Chief Director:Children’s Rights, Department of Social
Development (DSD)) outlined the programme and aims of the planned workshop on
the Children’s Bill. She reported that the workshop would assist members of the
NCOP as well as provincial legislatures to better understand the content,
nature and scope of the Bill. Provincial legislatures would subsequently host
more effective public hearings. Areas of monitoring and evaluation on
provincial and local government levels would also be identified, to ensure that
the Committee’s oversight role was strengthened.
DSD recommended that the Committee (after consultation with provincial
counterparts) identify two working days on which the orientation discussion on
the Children’s Billt and its relation to the Children’s Act could be
introduced. The Department would also submit the costing report on the
Children’s Bill.
Discussion
The Chairperson requested the Department to provide Members with the
costing reports prior to the workshop.
Mr Sulliman suggested that members of the provincial legislatures be invited to
the workshop. It would then not be necessary for the Committee to brief the
respective provincial legislatures.
The Chairperson responded that the Committee and the NCOP had to decide whether
to invite provinces. Members had the responsibility to brief provincial
legislatures.
Mr Tolo wondered when the Department expected the Bill to be passed by
Parliament.
Mr Sulliman commented that the passing of the Bill could take longer than the
proposed six weeks. He expressed concern that some provinces may take longer
than others to both work through the Bill and to complete public hearings. He said
that provinces had to be provided with sufficient time lines to complete and
conduct public hearings.
Ms Lana Petersen, Parliamentary Liaison Officer for the department of Social
Development, said that the Department was aware of the differing capacity of
provinces to work through the Bill. However, the six-week period was a
sufficient time frame for provinces to start an initial engagement with the
legislation. She emphasized that DSD considered the Bill a priority due to the
seriousness of the issues it sought to address. She stressed that DSD would
honour all procedures and obligations prior to the passing of the Bill. The
Bill should be regarded as a legislative priority.
Mr Sulliman commented that the Public Finance Management Act required the completion
of costing reports prior to the Bill’s introduction in Parliament. Similarly,
an Act had to be translated into at least one other official language before it
could be passed.
Mr M Thetjeng (DA, Limpopo ) asked whether the draft legislation had been
translated into other official languages, besides isiZulu. He also asked what
criteria were used in choosing this language.
Dr Mabetoa responded that the Bill would be translated into other official
languages at a later stage.
Ms Petersen added that the translation of the Bill would be completed at the
end of September. The translation of the Bill would enhance public
participation and understanding of the legislation.
Ms Madladla- Magubane and Mr Tolo raised concern about the size of the venue
for the workshop. The Chairperson requested members’ suggestions for the venue.
Mr Thetjeng said that this was a logistical issue that could be addressed after
the meeting.
Dr Mabetoa said that the proposed workshop was merely a means to ensure that
both Select and Portfolio Committees, together with their provincial
counterparts, were familiar with the debates and issues around the Bill. The
relevant departments as well as the Presidency would be invited. A preliminary
list of all those invited would be drawn up and circulated to members.
Ms F Mazibuko (ANC, Gauteng) requested that the Joint Monitoring Committee on
Children, Youth and Persons with Disabilities also be invited to participate in
the workshop. This committee was often not invited to such events.
Ms Petersen answered that the Joint Committee’s participation would be
welcomed.
Committee business
The draft Report on the oversight visit of the Select Committee on Social
Services to the Western Cape Province from 31 July to 04 August 2006 was tabled.
Some minor changes were suggested and agreed to. The report was formally
adopted and it was noted that this report would now be debated in the NCOP.
.
The minutes of the previous meeting were adopted.
The draft programme for the fourth term was also adopted.
The meeting was adjourned.
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