Traditional Health Practitioners Act, 2004 (Act No. 35 of 2004) > Chapter 1 : Definitions

In this Act, unless the context indicates otherwise—

"accredited institution"

means an institution, approved by the Council, which certifies that a person or body has the required capacity to perform the functions within the sphere of the National Quality Framework contemplated in the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995);

"Council"

means the Interim Traditional Health Practitioners Council of South Africa established by section 4;

"Department of Health"

means the national Department of Health;

"diviner"

means a person who engages in traditional health practice and is registered as diviner under this Act;

"health establishment"

means any public or private institution, facility, agency, building or place or part thereof, whether organised for profit or not, that is operated or designed to provide health services;

"health services"

includes inpatient or outpatient treatment, diagnostic or therapeutic interventions, nursing and rehabilitative, palliative, convalescent and preventative health services;

"herbalist"

means a person who engages in traditional health practice and is registered a herbalist under this Act;

"member"

means a member of the Council and includes a member of a committee of the Council;

"Minister"

means the Minister responsible for the national Department of Health;

"prescribed"

means prescribed by regulation;

"register"

means a register contemplated in section 19(1)(c);

"registrar"

means the registrar of the Council appointed in terms of section 18;

"rule"

means a rule made under section 40 or 48;

"speciality"

in relation to any of the categories, includes any particular sphere of extensive knowledge and skill in which a traditional health practitioner specialises;

"student"

means a person training to be a traditional health practitioner;

"this Act"

includes any regulation, rule, proclamation or order issued or made thereunder;

"traditional birth attendant"

means a person who engages in traditional health practice and is registered as a traditional birth attendant under this Act;

"traditional health practice"

means the performance of a function, activity, process or service based on a traditional philosophy that includes the utilisation of traditional medicine or traditional practice and which has as its object—

(a)	the maintenance or restoration of physical or mental health or function; or

(b)	the diagnosis, treatment or prevention of a physical or mental illness; or

(c)	the rehabilitation of a person to enable that person to resume normal functioning within the family or community; or

(d)	the physical or mental preparation of an individual for puberty, adulthood, pregnancy, childbirth and death,

but excludes the professional activities of a person practising any of the professions contemplated in the Pharmacy Act, 1974 (Act No. 53 of 1974), the Health Professions Act, 1974 (Act No. 56 of 1974), the Nursing Act, 1974 (Act No. 50 of 1974), the Allied Health Professions Act, 1982 (Act No. 63 of 1982), or the Dental Technicians Act, 1979 (Act No. 19 of 1979), and any other activity not based on traditional philosophy;

"traditional health practitioner"

means a person registered under this Act in one or more of the categories of traditional health practitioners;

"traditional medicine"

means an object or substance used in traditional health practice for—

(a)	the diagnosis, treatment or prevention of a physical or mental illness; or

(b)	any curative or therapeutic purpose, including the maintenance or restoration of physical or mental health or well—being in human beings,

but does not include a dependence—producing or dangerous substance or drug;

"traditional philosophy"

means indigenous African techniques, principles, theories, ideologies, beliefs, opinions and customs and uses of traditional medicines communicated from ancestors to descendants or from generations to generations, with or without written documentation, whether supported by science or not, and which are generally used in traditional health practice;

"traditional surgeon"

means a person registered as a traditional surgeon under this Act;

"traditional tutor"

means a person registered under any of the prescribed categories of traditional health practice who has been accredited by the Council to teach traditional health practice or any aspect thereof;

"unprofessional conduct"

means any act or omission which is improper or disgraceful or dishonourable or unworthy of the traditional health profession.

Traditional Health Practitioners Act, 2004 (Act No. 35 of 2004)

Chapter 1 : Definitions

1. Definitions