Odyssey Magazine Issue 1, 2016 | Page 16

A  lthough yet to be formally promulgated at the health product manufacturers, distributors and suppliers time of writing, the Medicines and Related – who point out that such a determination will render Substances Control Act (formerly Bill 6 of 2014, the new law obviously incompetent, on the face of it, on which we have previous reported) was signed into law under the South African Constitution as being arbitrarily by SA President Jacob Zuma in January. discriminatory. Ostensibly, this law is meant to harmonise certain Either way, the new law will immediately face aspects of the medicines and related substances industries Constitutional and other legal challenges which, experts in South Africa and to set up and empower the SA Health say, will render it 'effectively dead in the water on birth'. Products Regulatory Authority (SAHPRA), an over-arching All this is because the 'powers that be' within the body under which all medicines, modern and allopathic DoH have simply failed to attend to the long history of or ancient, traditional, herbal or any other form, will fall. negotiations and agreements on how to manage and The problems with the law are manifold and control CAMs (including TAMs) between government and far-reaching. For one thing, it is entirely unclear whether it will cover Traditional African Medicines or not. The legal secretariat of the Department of Health (DoH) has, on the various stakeholders of an industry that just a couple years ago was worth an estimated R9.8bn, now only about half that. In part this drastic collapse of the local CAMs industry is the government will face what will amount to a citizens' uprising, led by tens of thousands of traditional healers and their millions of patients and clients – upwards of 80% of South Africans still rely heavily on TAMs for a large part of their health treatments separate occasions in the past, specifically and publicly because of the encroachment of foreign interests into the said it both does not cover Traditional African Medicines, SA CAMs market and in part because of 'closing down of the as used by SA's estimated 250 000 traditional practitioners, CAMs industry space' which has been on the cards since and, in stark contrast, that it is meant specifically to cover the DoH unilaterally and without adequate consultation, as these substances. is required, issued legally bogus regulations in November If it is meant to cover such Traditional African Medicines (TAMs), there is certain to be the most strenuous objection by the several bodies under whom the African of CAMs (with no mention of TAMs, either explicitly or implicitly) in the new law, and just prior to its signing by this law represents the 'twin evils' of allowing foreign President Zuma, was an obvious move to head off the imperial control over the African pharmacopoeia and legal challenges that the DoH knows are coming. But reliable sources tell Odyssey Magazine that the same DoH officials who have been driving the entire In that case, the government will face what will process along – determined to have CAMs, and quite amount to a citizens' uprising, led by tens of thousands possible also TAMs, forced into a straight-jacket of of traditional healers and their millions of patients and regulatory restrictions appropriate only for high-potency clients – upwards of 80% of South Africans still rely allopathic drugs with dangerous side-effects – are already heavily on TAMs for a large part of their health treatments. saying (privately) that the obviously unlawful regulations On the other hand, if the new law does not cover TAMs, which the department issued in November 2013 will be it will be attacked by groups like The Traditional & Natural Health Alliance (TNHA) – a grouping of complementary •  The withdrawal, at the 11th hour, of the definition bodies' spokespersons have told Odyssey Magazine that simply will not allow. DIGIMAG formally put onto the statute books. Traditional Practitioners are organised. Some of these imposing a new form of 'medical apartheid', which they ODYSSEY 16 2013 which aimed to achieve what this new law has now enforced. The view from inside the DoH is believed to be that,