The Pretoria High Court this week heard a challenge to the regulation of complementary medicine in South Africa. Tendai Mafuma and Julia Chaskalson explain why the case is important and why Section27 and the Treatment Action Campaign got involved
The Pretoria High Court this week heard a challenge to the regulation of complementary medicine in South Africa. Tendai Mafuma and Julia Chaskalson explain why the case is important and why Section27 and the Treatment Action Campaign got involved.
This was an important step forward for the public’s right to know and the right not to be misled by quacks. The regulations meant that complementary medicines must be registered by the Sahpra if it complied with authority’s requirements. According to the ANHP, the Medicines Act does not empower the minister to regulate complementary medicines.The act empowers the minister to regulate medicines as defined by the act as: “any substance or mixture of substance used or purporting to be suitable for use or manufactured or sold for use in:
According to the ANHP, including these substances which are not supposed to be regulated by the act, makes the regulations unlawful.Both oppose the application and argue that the regulations are lawful because the definition of “medicine” is wide enough to include complementary medicines. The state has an obligation to protect the health of the population by requiring that all types of medicines and health products meet acceptable standards for consumption.Failure to regulate complementary medicines creates a gap for untested and unproven products to be sold to the public, often with detrimental effects to individual health and on public health systems.
Many of his followers were HIV-positive and stopped taking their antiretroviral therapy in favour of his supplements. When health products are subjected to scrutiny by Sahpra, one characteristic that is verified is whether the product does what it is claimed to do.
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