TRADITIONAL MEDICAL PRACTITIONERS ACT (CHAPTER 27:14)

 

CHAPTER 27:14

TRADITIONAL MEDICAL PRACTITIONERS ACT

Act 38/1981, 6/2000 (s. 151), 22/2001 (s. 4), 14/2002 (s. 42).

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title.

PART II

TRADITIONALMEDICAL PRACTITIONERS COUNCIL

3. Establishment of Council and functions and purposes thereof.
4. Composition of Council.
5. Conditions of office of members.
6. Appointment of members on failure of election.
7. Disqualification for appointment as member.
8. Vacation of office.
9. Minister may require member to vacate office or suspend him.
10. Filling of vacancies on Council.
11. Vice-chairman to act for chairman.
12. Meetings and decisions of Council.
13. Validity of decisions and acts of Council.
14. Funds and accounts of Council.
15. Annual general meetings of Council.
16. Committees of Council.

PART III

REGISTRAR AND REGISTER OFTRADITIONAL MEDICAL PRACTITIONERS

18. Register of traditional medical practitioners and certificates of registration.
19. Offences in connection with Register, etc.
20. Register as evidence.

PART IV

REGISTRATION

21. Application for registration.
22. Council may grant or refuse application for registration.
23. Honorary traditional medical practitioners.
24. Appeal against refusal to register.
25. Deletions from Register.

PART V

DISCIPLINARY AND OTHER INQUIRIES

26. Inquiries by Council.
27. Exercise of powers by Council after inquiry.
28. Exercise of disciplinary powers on conviction for offences: court to forward evidence.
29. Appeals to Minister.
30. Improper or disgraceful conduct.

PART VI

GENERAL

31. Practice of traditional medical practitioner.
32. Designation of traditional medical practitioner.
33. Recovery by Council of costs, fees, etc.
34. By-laws.

AN ACT to establish a Traditional Medical Practitioners Council; to provide for the registration and regulation of the practice of traditional medical practitioners; and to provide for matters incidental to or connected with the foregoing.

[Date of commencement: 16th October, 1981, except for s. 31 (2) and (3) : 1st June, 2000.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Traditional Medical Practitioners Act [Chapter 27:14].

                   2    Interpretation

(1) In this Act—

“association” means any association of traditional medical practitioners recognised by the Minister as being representative of any significant group of traditional medical practitioners;

[Definition amended by section 42 of Act 14 of 2002]

“Council” means the Traditional Medical Practitioners Council established by section three;

“improper or disgraceful conduct” means any conduct which, when regard is had to the practice of traditional medical practitioners, is improper or disgraceful, whether defined in by-laws referred to in section thirtyfour or not;

“member” means a member of the Council;

“Minister” means the Minister of Health and Child Welfare or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“Register” means the register of traditional medical practitioners established in terms of section eighteen;

“registered” means registered in the Register in terms of Part IV;

“Registrar” means the Registrar of Traditional Medical Practitioners appointed in terms of section seventeen.

(2) For the purposes of this Act—

“practice of traditional medical practitioners” means every act, the object of which is to treat, identify, analyse or diagnose, without the application of operative surgery, any illness of body or mind by traditional methods.

PART II

TRADITIONALMEDICAL PRACTITIONERS COUNCIL

                   3     Establishment of Council and functions and purposes thereof

• There is hereby established a council to be known as the Traditional Medical Practitioners Council, which shall be a body corporate and shall, in its corporate name, be capable of suing and being sued and, subject to this Act, of performing such acts as bodies corporate may by law perform.
• The function and purpose of the Council shall be—
• to supervise and control the practice of traditional medical practitioners;
• to promote the practice of traditional medical practitioners and to foster research into, and develop the knowledge of, such practice;
• to hold inquiries for the purposes of this Act;
• to make grants or loans to associations or persons where the Council considers this necessary or desirable for, or incidental to, the attainment of the purposes of the Council.

(3) Any expense incurred by the Council in the exercise of its functions or attainment of its purposes in terms of this Act shall be made out of the funds of the Council.

                   4    Composition of Council

The Council shall consist of twelve members of whom—

• one shall be the chairman who shall be appointed by the Minister after consultation with any one or more associations;

[Paragraph amended by section 42 of Act 14 of 2002]

• one shall be the vice-chairman who shall be a person who, except in the case of the first Council, is a registered traditional medical practitioner, who has practised as a traditional medical practitioner for not less than five years and who shall be appointed by the Minister;
• five shall be registered traditional medical practitioners who shall be appointed by the Minister;
• subject to section six, five shall be registered traditional medical practitioners who shall be elected by the registered traditional medical practitioners in the prescribed manner.

[Proviso repealed by section 42 of Act 14 of 2002]

                   5    Conditions of office of members

• A member shall hold office for a period of three years.

[Proviso repealed by section 42 of Act 14 of 2002]

• A member shall—
• hold office on such conditions; and
• be paid out of the funds of the Council such remuneration and allowances, if any; as the Minister may in each case fix.

(3) A retiring member shall be eligible for re-appointment or re-election as a member.

                   6    Appointment of members on failure of election

• If the registered traditional medical practitioners fail, neglect or refuse for any reason whatsoever to elect all or any of the members referred to in paragraph (d) of section four or to fill a vacancy in terms of paragraph (a) of subsection (1) of section ten, the Minister may appoint to the Council the number of members which the registered traditional medical practitioners have failed, neglected or refused to elect or may appoint a member to fill the vacancy, as the case may be.
• A member appointed by the Minister in terms of subsection (1)—
• shall, except in the case of the first Council, be a person who is a registered traditional medical practitioner; and
• shall be deemed to have been duly elected to the Council.