Traditioanl healers in South Aafrican and the law

Traditional healers are legally recognized in South Africa as "traditional health practitioners", under the Traditional Health Practitioners Act of 2007 (Act. 22 of 2007) as diviners alongside with herbalists, traditional birth attendants, and traditional surgeons.

The act calls for the establishment of a national council of traditional health practitioners to regulate and register a.o. sangomas in the country.

However, it was only in December 2011 that the National Department of Health took action and
opened nominations for seats on an interim council. In October 2012, Health Department spokesperson Joe Maila advised the Department aimed to have the council up and running by the end of 2012.

The Interim Traditional Health Practitioners Council was eventually inaugurated on 12 February 2013.Previously, the South African Parliament had passed the Traditional Health Practitioners Act of 2004 (Act. 35 of 2004).

However, the act was ruled unconstitutional after Doctors for Life International challenged it at the Constitutional Court, citing the insufficient public participation at provincial level in the drafting of the act.

The South African Law Reform Commission received a submission from the Traditional Healers
Organisation requesting the investigation of the constitutionality of the Witchcraft Suppression Act of
1957[57] and the Mpumalanga Witchcraft Suppression Bill of 2007, the drafting of which was
suspended in 2008.

On 23 March 2010 the Minister of Justice and Constitutional Development approved a South African Law Reform Commission project to review witchcraft legislation.

In March 2012 the South African Law Reform Commission advised that Ms Jennifer Joni has been
designated as researcher and Judge Dennis Davis has been designated as project leader for Project 135:


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