Intellectual Property Rights from Publicly Financed Research and
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Traditional Health Practitioners Act, 2004 (Act No. 35 of 2004)Chapter 2 : Establishment and Governance of Interim Traditional Health Practitioners Council of South Africa6. Functions of Council |
| (1) | The Council may— |
| (a) | make enquiries and conduct investigations into complaints and allegations concerning the conduct of registered traditional health practitioners; |
| (b) | issue guidelines concerning traditional health practice; |
| (c) | hire, purchase or otherwise acquire any movable property or proprietary right, accept and administer any trust or donations and lease or dispose of property so acquired, but may only acquire or dispose of immovable property with the approval of the Minister, granted with the agreement of the Minister of Finance; |
| (d) | make rules on matters necessary or expedient for the proper implementation of this Act; |
| (e) | consider any matter affecting the registration of traditional health practitioners and make representations or take other action in connection therewith; |
| (f) | in writing and on such conditions as the Council may determine, delegate or assign any power or duty of the Council to any committee or a member of any committee, but such delegation or assignment does not divest the Council of the responsibility or accountability concerning the performance of the function involved; |
| (g) | cause copies of the registers or of supplementary lists containing amendments to the relevant registers, to be printed and published; |
| (h) | require from a registered traditional health practitioner such information as is necessary to enable the Council to carry out its functions effectively; |
| (i) | approve minimum requirements pertaining to the education and training of traditional health practitioners in consultation with relevant departments, quality assessment bodies or a body of traditional health practitioners accredited by the Council for this specific purpose; |
| (j) | appoint such staff as the Council considers necessary to assist the Council in performance of its functions; and |
| (k) | generally do all such things as are necessary to enable the Council to perform its functions in terms of this Act. |
| (2) | The Council must— |
| (a) | in the interests of the public, promote and regulate, liaison between traditional health practitioners and other health professionals registered under any law; |
| (b) | implement health policies determined by the Minister concerning traditional health practice; |
| (c) | advise the Minister on any matter falling within the scope of this Act, including the health needs of the people of South Africa, and the traditional health practice, and on matters of democracy, transparency, equity, accessibility and community involvement affecting the occupation of traditional health practice; |
| (d) | communicate to the Minister information of public importance acquired by the Council in the course of the performance of its functions under this Act; |
| (e) | consult and liaise with relevant authorities on matters that affect traditional health practitioners and involve traditional health practice; |
| (f) | in consultation with the Minister, determine policy, and in accordance with policy determinations, make decisions regarding matters relating to the educational framework, fees, funding, registration procedure, code for professional conduct and ethics, disciplinary procedure and scope of traditional health practice; |
| (g) | control and exercise authority in respect of all matters concerning the training of persons in traditional health practice and the conduct of its members; |
| (h) | in consultation with the Minister, control and regulate traditional health practice; |
| (i) | establish registers for the various categories of traditional health practitioners; |
| (j) | register persons who engage in traditional health practice in accordance with the prescribed requirements for registration; |
| (k) | in such circumstances as may be prescribed, or where authorised by this Act, remove a person’s name from the register or, ‘must’ upon payment of the prescribed fee, restore a person’s name to the register; |
| (l) | obtain from any registered traditional health practitioner payment of the prescribed fee; |
| (m) | in such circumstances as may be prescribed, suspend or cancel any traditional health practitioner’s registration; and |
| (n) | publish information regarding the objects and functions of the Council and its operations and the rights that any member of the public has under this Act. |
