By Xoliswa Zulu
A Pinetown prosecutor has decided not to prosecute Zeblon Gwala, the manufacturer and seller of a herbal mixture, Ubhejane, which he claims treats HIV and Aids.
The Democratic Alliance laid charges of fraud against Gwala earlier this month, saying he had contravened the Medicines and Related Substances Control Act and that there was no proof that Ubhejane could successfully treat HIV and Aids.
However, prosecutor Jabu Ngcobo said there was not enough evidence to prosecute Gwala because the elements presented to him did not prove that Gwala had committed fraud.
"There was not enough evidence to prosecute, and when I looked at the evidence, I did not see fraud. He (Gwala) said he believes in his medicines, and said it in good faith.
"He told them (the DA) to come back after four months, and if it didn't work, then they should have come to us after that period. How can I dispute his medicine without testing it for that period of time?"
Ngcobo said he had made a decision based on the facts presented to him and that the DA had no case against Gwala. Professor Herbert Vilakazi, a sociologist who has been backing Ubhejane, said he was happy that the prosecutor had dropped the charges.
"The DA was barking up the wrong tree. Knowing the law, they should have recognised that Ubhejane is an African traditional medicine and it does not have to be registered.
"Ubhejane is a food supplement with nutrients (which) aim to help people cope with HIV and Aids and to strengthen their bodies."
Vilakazi added that the Department of Health had drafted the African Traditional Medicines Bill, which emphasised that the country was recognising the impact of traditional medicine on HIV and Aids.
"The constitution of this country mandates us to recognise and to respect the cultural practices and models of African people, of which African traditional medicines is one.
"They should have recognised the fact that it wouldn't go far because Ubhejane is not bound by regulations. It is umuthi wenyanga, a herbal mixture, and it does not need to be registered."
DA health spokesperson Dianne Kohler-Barnard said that the decision not to prosecute Gwala was bizarre.
"He (Ngcobo) refused to give reasons and only gave me four words: 'I decline to prosecute.' "
"The decision was bizarre. He wouldn't tell me anything and wouldn't give me any reasons.
"He told me to speak to Shamilla Batohi (provincial National Prosecuting Authority Head). I just find his decision most peculiar."