Legal Status
Sangomas 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. 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 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: Review of witchcraft legislation. Dr Theodore Petrus, who completed a doctoral thesis on witchcraft-related crime in 2009, was invited to become part of an advisory committee to assist in the review.
Read more about this topic: Traditional Healers Of South Africa
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