Protecting the Public. Preserving Professional Integrity. Advancing Ethical Traditional Health Practice.
Public Protection Mandate
The protection of the public is a fundamental responsibility of the Traditional Health Practice Association of South Africa (THPASA NPC).
THPASA exists not only to support Traditional Health Practitioners, but also to promote public confidence, ethical conduct, professional accountability, and responsible practice throughout the Traditional Health Practice sector.
The Association recognises that professional self-regulation carries a corresponding obligation to establish transparent, fair, and effective mechanisms for addressing concerns regarding practitioner conduct, professional competence, ethical breaches, governance violations, and behaviour that may place individuals, communities, or the profession at risk.
In fulfilling this mandate, THPASA has established a comprehensive Professional Conduct, Ethics, Complaints, Investigations, and Disciplinary Framework.
Constitutional and Legal Framework
THPASA conducts its affairs in a manner consistent with:
- The Constitution of the Republic of South Africa, 1996
- Principles of Natural Justice
- Procedural Fairness
- Administrative Law Principles
- The Promotion of Administrative Justice Act, 2000 (PAJA)
- The Promotion of Access to Information Act, 2000 (PAIA)
- The Protection of Personal Information Act, 2013 (POPIA)
- Applicable provisions of the Companies Act, 2008
- Applicable Non-Profit Organisation governance standards
- THPASA’s Constitution, Policies, Codes, Regulations and Governance Instruments
While THPASA is not a statutory regulator, the Association strives to ensure that its decision-making processes are lawful, reasonable, procedurally fair, accountable, transparent, and consistent with recognised principles of good governance.
THPASA Professional Accountability System
The THPASA Professional Accountability System comprises:
The Pledge of Ethical Practice and Professional Conduct
The foundational commitment made by all members to uphold professional and ethical standards.
The Code of Ethics and Professional Practice
The primary ethical framework governing member conduct.
The Ethics Committee
Responsible for ethical oversight, ethical guidance, and preliminary ethics reviews.
The Professional Conduct and Investigations Unit
Responsible for receiving, assessing, investigating, and managing complaints and professional conduct matters.
The Disciplinary Committee
Responsible for adjudicating allegations of professional misconduct and determining appropriate outcomes.
Legal Affairs and Compliance
Responsible for governance compliance, legal review, risk management, procedural integrity, and regulatory engagement.
Appeals and Review Mechanisms
Responsible for ensuring accountability, fairness, and review of disciplinary outcomes where appropriate.
Jurisdiction
THPASA may consider complaints relating to:
- Professional misconduct
- Ethical violations
- Abuse of position or authority
- Misrepresentation of credentials or status
- Breaches of professional boundaries
- Discrimination, harassment, or victimisation
- Breaches of confidentiality
- Exploitative practices
- Failure to comply with THPASA governance instruments
- Conduct bringing the profession into disrepute
- Non-compliance with disciplinary orders
- Abuse of Indigenous Knowledge Systems
- Conduct inconsistent with the THPASA Pledge or Code of Ethics
THPASA may also consider matters referred by:
- Members of the public
- Government departments
- Community organisations
- Traditional leadership structures
- Professional bodies
- Employers
- Members and practitioners
Professional Conduct Investigations
Upon receipt of a complaint, THPASA may initiate a professional conduct assessment.
Investigations may include:
- Documentary review
- Witness interviews
- Written submissions
- Requests for information
- Professional practice assessments
- Ethics reviews
- Compliance assessments
- Expert consultation where necessary
Investigations are conducted impartially and without prejudgment.
No adverse finding will ordinarily be made without providing an affected member a reasonable opportunity to respond.
Procedural Fairness and Natural Justice
THPASA is committed to ensuring that all disciplinary and complaints processes are conducted fairly.
This includes:
Audi Alteram Partem
The right of affected persons to be heard before adverse decisions are made.
Nemo Judex in Causa Sua
The requirement that decision-makers must be impartial and free from conflicts of interest.
Reasoned Decision-Making
Decisions must be based on relevant evidence and accompanied by reasons where appropriate.
Proportionality
Sanctions must be proportionate to the seriousness of the conduct.
Consistency
Similar matters should be treated consistently while recognising unique circumstances.
Interim Protective Measures
Where necessary to protect the public or preserve the integrity of proceedings, THPASA may impose interim measures pending the finalisation of an investigation.
Such measures may include:
- Practice supervision requirements
- Restrictions on specific activities
- Temporary suspension of privileges
- Enhanced reporting requirements
- Conditions on membership status
Interim measures do not constitute a finding of misconduct.
Disciplinary Hearings
Where sufficient evidence exists, matters may be referred to the Disciplinary Committee for formal adjudication.
Hearings may consider:
- Documentary evidence
- Witness testimony
- Mitigating factors
- Aggravating factors
- Prior disciplinary history
- Public interest considerations
The Committee may make findings on a balance of probabilities unless otherwise specified by applicable policy.
Sanctions and Corrective Measures
Possible outcomes include:
- No finding of misconduct
- Advisory guidance
- Professional coaching
- Corrective education
- Mandatory CPD requirements
- Written warning
- Final written warning
- Professional supervision
- Conditions on membership
- Suspension of designation rights
- Suspension of membership
- Expulsion from membership
- Publication of disciplinary outcomes where authorised
- Referral to competent authorities
The primary objective of sanctions is public protection, professional accountability, and remediation.
Appeals and Reviews
Members subject to disciplinary findings may be entitled to seek:
- Internal review
- Appeal
- Reconsideration
- Procedural review
Appeals are generally limited to:
- Procedural irregularity
- New evidence
- Material error
- Disproportionate sanction
- Misapplication of policy
The Appeals Panel operates independently from the original decision-makers wherever reasonably possible.
Confidentiality, PAIA and POPIA
THPASA recognises the importance of confidentiality, privacy, and lawful information management.
Information obtained during complaints and disciplinary proceedings is managed in accordance with:
- POPIA
- PAIA
- Applicable governance policies
- Legitimate public interest considerations
Access to records may be restricted where legally required, necessary to protect privacy rights, or necessary to preserve the integrity of ongoing proceedings.
Whistleblower and Good Faith Reporting Protection
THPASA encourages the reporting of concerns made honestly and in good faith.
The Association seeks to protect complainants, witnesses, and participants from retaliation, intimidation, victimisation, or improper influence.
Knowingly false, malicious, vexatious, or frivolous complaints may themselves constitute misconduct.
Referral to External Authorities
THPASA may refer matters to appropriate authorities where necessary.
This may include:
- South African Police Service
- Courts of Law
- Regulatory authorities
- Human Rights institutions
- Government departments
- Professional councils
- Other competent bodies
Referral does not prevent THPASA from exercising its own internal disciplinary jurisdiction where appropriate.
Public Protection Commitment
Public protection remains the overriding consideration in all complaints, investigations, disciplinary, and professional accountability processes conducted by THPASA.
The Association is committed to maintaining a professional culture founded upon integrity, accountability, transparency, procedural fairness, ethical leadership, and respect for Indigenous Knowledge Systems.