medicines, and that another law is going to apply to us
the registration of even long-standing Africa (or Chinese
and our medicines. But we know nothing of this other
or any other) traditional medicinal products.
law as yet and so we are deeply unsure about what this
means.'
According to Rees, 'Bill 6 was designed to restructure
the irregular CAMs regulations promulgated under Act 101
But she agrees with other traditional healer body
(in November 2013) and put the control of all medicines
representatives who see the new law as being, in effect,
and health supplements of any kind under a single
a repeat of 'apartheid medicine' because, if it is true that
governing authority, the SA Health Products Regulatory
an entirely different law will be introduced to control
Authority (SAHPRA).
what some might call 'white' CAMs and another for
'But there is a fundamental problem with this
'black medicines', then it is obviously the case that the
approach: either the new law incorporates control of CAMs
government has engaged in anti-constitutional behaviour
and Traditional African Medicines (TAMs) or it doesn't. If
in passing this piece of legislation. This view is based on
it does, then there is a question over the jurisdictional
the fact that two pieces of legislation for different cultures
adequacy of the new law, since the founding law (Act 101
but for similar medicines would be an overt violation of
of 1965) was not generated by the need for, and did not
Section 16 of the Bill of Rights in SA's Constitution of
have the intention of, controlling these entirely separate
1996, specifically the Equality Clause.
industries, practices and substances.
The Health Products Association of South Africa issued a
statement on the signing of Bill 6 into law saying that the current
situation is unclear and may or may not spell the demise of
small complementary products manufacturers and suppliers
'It looks like apartheid medicine to us, so we definitely
'But if it includes CAMs, and not TAMs, then the law
reject it and will oppose it, even if the government intends
runs foul of Section 16 of the Bill of Rights in that it is
introducing another piece of legislation meant for African
overtly discriminatory.
Traditional Practitioners and their medicines. We are
'We told the DoH in April 2015 that if they legislate
awaiting what the government will do but we are also
(referring to Bill 6 being passed into law) then we
consulting our lawyers on this issue,' added Maseko.
will litigate. And so we will, even though the Portfolio
Constitutional &
procedural flaws
definitions of elements covered by this law in a bid to hold
The opposition to the new law will also come from
off legal attacks on it. The reason is that, like the original
organised CAMs representative bodies such as the TNHA
law itself, the new version is still wholly unacceptable
whose secretary-general Anthony Reese said was already
because its definition of medicines and treatments is
consulting lawyers with a view to attacking the law on both
so broad as to render everything from oxygen, water
Co