NEW LAW SIDELINES TINYANGA

MBABANE – A new law, passed by Parliament a few weeks ago, essentially outlaws traditional healers and the use of traditional medicine in Swaziland.

This is the Medicines and Related Substance Control Act of 2016. The Act does not include traditional medicines in its scope. This means whatever traditional healers do is outside the ambit of the new Medicine Regulatory Authority.

The Times SUNDAY understands that traditional medicine and related substances shall only be included in the Public Health Bill.
According to the Act, a person shall not sell any medicine or medical device, unless the immediate container and the package in which it is sold are labelled with its registered name, number and any other prescribed particulars.

The Act also stipulates that a person who will obstruct, provide false information to, fail to comply with an order, requisition, fail to answer when reasonably asked and prevents or attempts to prevent another person from complying with an order, requisition or directions by or from answering questions from an officer, inspector in pursuance of this law, will be charged and be liable to pay a fine not exceeding E15 000 or 15 years imprisonment.

The law has drawn the attention of legal experts, one of whom is Peter Dunseith who was once Judge President of the Industrial Court for three years, before retiring in 2009.

Dunseith was a lawyer for 25 years. He raised serious concerns about the Act, which was enacted by Parliament and signed by the King on October 20, 2016. “This Act has the effect of outlawing the use of indigenous and herbal medicine by traditional healers in Swaziland,” he opined.
“It also bans the use of homeopathic remedies and other alternative medicines. What is even worse is that the Ministry of Health lied to Parliament that the Act did not apply to traditional medicine and caused Parliament and His Majesty to pass a law that destroys an important part of Swazi custom and culture.”

He noted that the Act specifically defines ‘medicine’ to include medicine used in accordance with principles of traditional or alternative medicinal practices, herbal medicine and homeopathy.

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