Latest news with #TraditionalHealthPractitionersAct
TimesLIVE
09-07-2025
- Politics
- TimesLIVE
Witchcraft law clashes with African beliefs, argues University of the Western Cape researcher
A South African researcher from the University of the Western Cape is calling for the repeal of the Witchcraft Suppression Act 3 of 1957, arguing it is a colonial relic that continues to marginalise African cultural and spiritual practices. Happyness Nokwatu Raselabe, a forensic linguist, recently completed her master's research at the University of the Western Cape (UWC) and contributed a chapter to the book titled Courtroom discourse: practical insights from legal linguists, where she looked at the intercultural void that exists in South African law, with a particular focus on the Witchcraft Suppression Act, which is still in place more than 60 years later. Her study is titled Ityala ngumphikwa: Evidence lost in translation and interpretation — a critical analysis of language implications during court trials and focuses on how language barriers and outdated laws continue to disadvantage black South Africans in the justice system. 'My research critically analyses how language impacts court trials,' she said. 'I used a case I found at the Western Cape Archive Library titled Sityodana Mseswa, which was judged under the Witchcraft Suppression Act,' she said. Raselabe argues that this law contradicts more recent legislation, such as the Traditional Health Practitioners Act 22 of 2007, which recognises traditional healers. Raselabe believes the Witchcraft Suppression Act is a direct attack on traditional healers and people who practise African spirituality. 'You cannot have the Witchcraft Suppression Act, which suppresses the people who believe in 'witchcraft' and have the Traditional Health Practitioners Act. The Witchcraft SuppressionAct opposes everything the Traditional Health Practitioners Act was meant to correct,' she said. 'Traditional healers, diviners and any spiritual practice were umbrellaed under the WSA, resulting in abathandazeli [prophets/faith healers], amagqirha [traditional healers] and all other African spirituality practitioners practising in secret as they were prone to being labelled witches and risked being charged under this act.' Beyond the law itself, Raselabe's research also shines a light on the dominance of English in court proceedings, which she says disadvantages non-English speakers and wastes resources. 'Why not introduce African languages as languages of record in courts?' she asked. 'It's a waste of resources, taxpayers' money, and time.' She commended chief justice Mandisa Maya for once delivering a verdict in isiXhosa, saying: 'Our constitution advocates for the promotion of African languages. If we are indeed serious about ensuring that all languages are on the same parity, we must be serious about diversifying the language of records in courts.' In conducting her research, Raselabe had to dig through old court records, some handwritten in cursive from the 1950s and speak to elders, including getting insights from her grandmother who is over 100 years old. She also used her background in forensic linguistics, customary law and indigenous knowledge systems to explore how South African laws do not fully reflect African traditions and ways of life. 'You cannot expect people to abide by laws they do not understand or that are not written in their home language,' said Raselabe. One of her key findings was that despite public proposals to repeal the act, it remains in effect. 'We are still living in a highly Westernised system,' she said. 'We are moving at a snail's pace. We need to do something. We need to repeal these laws.' In her view, the legal definition of witchcraft remains rooted in colonial ideology. 'When we speak of witchcraft, what is that? How do you even define witchcraft ngeSintu [from indigenous perspectives]?' she asked. 'The concept of witchcraft in African cultures is more of a principle. The Western understanding does not align with our beliefs.' Raselabe hopes her research will raise awareness and pressure policymakers into action. 'I'm hoping that it will push the South African Law Reform Commission to get a move on. We need laws that reflect the majority of citizens.' She added that proper consultation was key: 'When the Witchcraft Suppression Act was put in place, there were no consultations. If we want to repeal it now, we must speak to the custodians of the traditions and the culture.' Her advice to other researchers: read widely, consult elders and confirm every source. 'Read as much as possible and engage with as many people as you can.' Raselabe has since completed her Master's degree at UWC and expanded her research to compare African and Western understandings of legal concepts such as adoption, abduction, defamation and ukuthwala.
TimesLIVE
24-04-2025
- Health
- TimesLIVE
New members of traditional health practitioners council to contribute to continued transformation
The newly appointed chairperson of the Interim Traditional Health Practitioners Council of South Africa (ITHPCSA) previously served in the council representing diviners. This week, Gonondo Sheila Fihliwe Khama was announced as the chairperson when health minister Dr Aaron Motsoaledi appointed members of the ITHPCSA for the remainder of the 2023–26 term. Bruce Mbedzi from the department of health said the minister was replacing the previous chairperson and three other members as vacancies became available. The appointments were made in terms of the Traditional Health Practitioners Act, which empowers him to fill vacancies and strengthen the representation of key stakeholders within the council. The new members are expected to contribute to the continued transformation, regulation and professionalisation of the traditional health sector. According to the department, the ITHPCSA plays a critical role in upholding ethical standards, protecting public health and promoting the recognition and integration of traditional healing within South Africa's broader healthcare system. Sarah Motha from Mpumalanga was appointed in the herbalist category and has been serving as a herbalist for more than five years. Rapholo Joel Chauke from Gauteng was appointed in the diviner category, a position previously occupied by Khama. Dr Morokolo Sathekge was appointed as a representative from the Health Professions Council of South Africa (HPCSA). Mbedzi said the appointed members were nominated two years ago. "In terms of the act, these people should have been traditional health practitioners for about five years in their category," he said. He added that according to the act, there are four categories of traditional health practitioners, which include the diviner, the herbalist, the traditional birth attendants and the traditional surgeons. While these appointments are set to play a critical role in the traditional health practitioners' sector, Prof Sithembiso Shabalala said there were problems in the council. Shabalala is a traditional healer and lecturer at the Mhlabuhlangene School of African Medicine and also served as a member of the former Traditional Health Practitioners Council. "The council itself is very important to traditional healers and practitioners," he said, adding that the problem was the appointment of people who don't have any speciality in African healing. He said that for the council to function effectively, traditional healers should be allowed to appoint the people serving on the council. "Appoint people who are specialists in healing, because if you just appoint someone who knows nothing, who has only been practising for five years, that is a problem," he said. He blamed the department of health officials for creating this problem among traditional healers. Shabalala said he has been in the sector since 1995, when they organised the traditional healers' organisations and amalgamated all of them to help create the Traditional Health Practitioners Act. At the time, he said he would communicate with traditional healers across the country to support the idea, and he said in KwaZulu-Natal, they managed to amalgamate all traditional healers into a proper, effective structure. "Like us as the school of African medicine we are specialists in African healing. If the minister can consult us and ask for ideas, we can assist, and we are willing to assist to kickstart of the council," he said. He added that the council should first identify people who should be registered with it. "You can't regulate someone if you don't know whether they were initiated. If they say every individual must register with the council, that is very dangerous because how can you confirm if that person is a traditional healer?" he said. He said the first challenge that needed to be resolved was to allow practitioners in the sector to identify and assess traditional healers.
