SOCI 422 ARTICLE FOR EXAMS REVIEWED-ARTICLE FOR LECTURE 4

LECTURE 4: AFRICAN LOCAL CONCEPTS OF HEALTH, SICKNESS AND HEALING

Title Of Article: A legal perspective on African traditional medicine in South Africa

Author: Andra le Roux-Kemp

Article's Main Theme: The main theme of the article "A Legal Perspective on African Traditional Medicine in South Africa" ​​by Andra le Roux-Kemp revolves around the recognition, regulation, and integration of African Traditional Medicine (ATM) within South Africa's legal and healthcare systems. The article discusses how ATM is perceived and utilized in the context of health care, particularly concerning the HIV/AIDS epidemic.

Key points include:

-Legal Recognition and Regulation: The article emphasizes the need for greater legal recognition and regulatory frameworks for ATM, arguing that such measures are essential for improving health outcomes, especially for communities relying on traditional healing practices.

-Cultural Significance: It highlights the cultural importance of ATM among indigenous populations and contrasts this with the often-limited acknowledgment it receives within formal health systems.

- HIV/AIDS Discourse: A secondary theme addresses the competing narratives surrounding HIV/AIDS and ATM, indicating that misconceptions and stigma can hinder health rights and the effective integration of traditional practices into mainstream healthcare.

-Comparative Analysis: The author compares the status of ATM in South Africa with other African nations, noting variations in policy and implementation, and advocating for a more inclusive approach that respects traditional practices while ensuring safety and efficacy.

Overall, the article argues for a more integrated healthcare system that acknowledges and incorporates ATM, thereby enhancing the health rights of individuals, particularly those affected by HIV/AIDS.

Article's Summary: The article "A Legal Perspective on African Traditional Medicine in South Africa" ​​by Andra le Roux-Kemp examines the interplay between African Traditional Medicine (ATM) and South Africa's legal and healthcare systems, particularly in the context of the HIV/AIDS epidemic. Here's a detailed summary of its key themes and findings:

Introduction

The article begins by establishing the significance of ATM as a vital healthcare alternative for many South Africans, especially in rural areas. It outlines the historical context of ATM and its recognition in various African countries, juxtaposing it with the South African scenario.

Recognition and Regulation of ATMs

Global and Regional Context

The World Health Organization (WHO) has advocated for the integration of traditional medicine into healthcare systems since the late 1970s. This advocacy has led to various resolutions encouraging member states to recognize and collaborate with traditional health systems. The article discusses different types of healthcare systems as defined by the WHO, ranging from exclusive allopathic systems to integrated systems that fully incorporate traditional practices.

South Africa's Framework

In South Africa, the 1997 White Paper for the Transformation of the Health System acknowledged the importance of traditional practitioner but did not integrate them into the public health service. The article notes that while other African countries, such as Ghana, have successfully incorporated traditional medicine into their healthcare systems, South Africa has lagged behind in formal recognition and regulation.

The Traditional Health Practitioners Act

The article highlights the enactment of the Traditional Health Practitioners Act of 2004, which aimed to provide legal recognition to traditional healers. However, this Act faced constitutional challenges due to insufficient public participation, leading to its re-enactment in 2007. The Act defines traditional health practice and outlines the roles and responsibilities of traditional healers, including the maintenance of health, diagnosis, treatment, and rehabilitation.

Challenges in Registration

Despite the legal framework, the article points out that very few traditional health practitioners are registered under the Act, with estimates that only a small fraction of the approximately 190,000 practitioners in South Africa are compliant. Reasons for this include a lack of understanding of the registration process, mistrust towards the government, and fears of Westernization of traditional practices.

Competing Discourses on HIV/AIDS and ATMs

The article discusses the stigma and misconceptions surrounding HIV/AIDS and how these hinder the recognition of ATM. It argues that the prevailing narratives about HIV/AIDS can obstruct health rights for those affected and limit the integration of traditional healing practices that could benefit patients.

Conclusion

In conclusion, the article advocates for greater recognition and regulation of ATM within South Africa's healthcare system. It emphasizes the potential benefits of integrating traditional medicine into mainstream healthcare, particularly for addressing health issues like HIV/AIDS. The author calls for a collaborative approach that respects cultural heritage while ensuring safety and efficacy in health practices.

This comprehensive examination of ATM in South Africa underscores the need for a more inclusive healthcare system that values ​​traditional practices alongside modern medical approaches, ultimately aiming to improve health outcomes for all South Africans.

The Article's Relation to the Ghanaian Society

The article does not directly discuss the situation of traditional medicine in Ghana, but it does provide some relevant context:

- Ghana is highlighting as an example of a country that has made efforts to truly incorporate traditional medicine into primary healthcare early on. By 2002, it was estimated that 70% of Ghana's population depended exclusively on the healthcare provided by 45,000 traditional healers.

- By 2004, it was claimed that an inclusive healthcare system now exists in African countries like Ghana, where traditional medicine is recognized and incorporated into the formal healthcare system, though to varying degrees.

- The article suggests that while many African countries have made attempts to realize truly integrated healthcare systems that fully incorporate traditional medicine, only a few countries like Ghana have controversially achieved this to date.

So, in summary, while the article does not provide an in-depth analysis of Ghana's specific policies and challenges, it does highlight Ghana as a positive example among African nations in terms of the early recognition and integration of traditional medicine into the national healthcare system . This provides useful context for understanding the relative progress of different countries in this area.

QUESTIONS AND ANSWERS RAISED FROM THE ARTICLE

Here are 20 examinable questions with answers based on the article:

1. What is the main purpose of the Traditional Health Practitioners Act of 2007 in South Africa?

The main purpose of the Act is to provide legal recognition and regulation for African Traditional Medicine (ATM) and traditional health practitioner as an integral part of the national healthcare system.

2. What are the four types of healthcare systems defined by the WHO in terms of collaboration between allopathic and traditional medicine?

The four types are: exclusive (recognizing only allopathic), tolerant (primarily allopathic with some regulated ATM), inclusive (recognizing ATM but no true integration), and integrated (true synthesis of all systems).

3.Which African countries had made efforts to incorporate traditional medicine into primary healthcare by 2002?

Ghana was highlighted as an example, with an estimated 70% of the population dependent on healthcare provided by 45,000 traditional healers by 2002.

4.What is the definition of traditional health practice according to the Traditional Health Practitioners Act?

The Act defines traditional health practice as the performance of a function, activity, process or service based on a traditional philosophy, including the use of traditional medicine or traditional practice

.

5.What are the main services to be provided by African traditional healers under the Act?

The Act recognizes services such as health maintenance, diagnosis, treatment, prevention, rehabilitation, and physical/mental preparation for life events.

6.Which specific types of traditional health practitioners are recognized by the Act?

The Act recognizes diviners (sangomas), herbalists (inyangas), traditional surgeons (ingcibi), and traditional birth attendants (ababelekisi).

7.What is the definition of traditional medicine according to the Act?

The Act defines traditional medicine as an object or substance used in traditional health practice for diagnosis, treatment, prevention, or therapeutic purposes, but excludes dependence-producing or dangerous substances.

8.Is it legal to practice as a traditional health practitioner without being registered under the Act?

No, the Act states that no person may practice as a traditional health practitioner without being registered.

9.What is the estimated number of traditional health practitioners in South Africa as of 2007?

The article estimates there were around 190,000 traditional health practitioners in South Africa in 2007.

10.What percentage of the estimated 190,000 traditional health practitioners were registered under the Act as of 2007?

The article states that very few of the estimated 190,000 traditional health practitioners were registered as of 2007.

11.What are some reasons for the reluctance of traditional health practitioners to register under the Act?

Reasons include lack of understanding of the Act and registration process, mistrust of government's intentions, and fear of Westernization of traditional practices.

12.What year was the Traditional Health Practitioners Act first assented to?

The Traditional Health Practitioners Act 35 of 2004 was first assented to on 7 February 2005.

13.Why was the 2004 Act successfully challenged in court?

The 2004 Act was challenged on the basis that there had been insufficient public participation at the provincial level during its enactment.

14.How long was the Constitutional Court's order invalidating the 2004 Act suspended to allow for re-enactment?

The order was suspended for a period of 18 months to enable parliament to re-enact the legislation in line with the Constitution.

15.What year was the Traditional Health Practitioners Act re-enacted?

The Traditional Health Practitioners Act 22 of 2007 was re-enacted and assented to on 08 January 2008.

16.Where could mention of traditional health practitioners be found before the adoption of the 2004 Act?

Before 2004, mention of traditional health practitioners could only be found indirectly in the Witchcraft Suppression Act 3 of 1957.

17.What is the main reason given for the lack of government interest in structuring and regulating ATM in South Africa before 1994?

The article suggests the daunting number of traditional practitioners and wide scope of their activities contributed to the lack of government interest before 1994.

18.What factors would advance a truly integrated healthcare system in South Africa recognizing and regulating ATM?

Key factors include government commitment, aims of the National Health Act, potential therapeutic advantages, constitutional rights, and regulation of traditional practitioners.

19.What year was the 1997 White Paper for the Transformation of the Health System in South Africa published?

The 1997 White Paper was published in 1997.

20.What was the main recommendation regarding traditional healers in the 1997 White Paper?

The 1997 White Paper recommended that the regulation and control of traditional healers be investigated for their legal empowerment, and that criteria be developed outlining standards of practice and an ethical code of conduct to facilitate their registration.