- Government
Gazette 14984
-
STATE
PRESIDENT'S
OFFICE No.
1285
-
20
July
1993
-
- It
is hereby
notified that
the
State
President has
assented
to the
following Act
which is
hereby
published for
general
information:
-
- NO.
118 OF
1993: HEALTH
AND
WELFARE MATTERS
AMENDMENT ACT,
-
1993.
-
- GENERAL
EXPLANATORY
NOTE:
-
- Words
in bold
type
indicate omissions
from
existing
enactments.
Words in
italics
indicate
insertions
in existing
enactments.
-
- ACT
-
- To
amend
the
Health
Act, 1977,
so as
to
authorize
an
Administrator
to prescribe
the
moneys
payable
for the
rendering
of
certain
services;
and to
further regulate
the duties
and powers
of local
authorities
in
connection
-
with
health
care services;
to amend
the
Dental
Technicians Act,
1979, so
as
-
to
allow
a non-member
of the
South African
Dental
Technicians
Council
to be
the chairman
or vice-chairman
of a
committee
of the
council; to
amend
the National
Policy
for Health
Act, 1990,
so as
to do
away with
the
-
Administrators
Health
Council;
and to
change
the
constitution
of certain
-
health
bodies;
to amend
the Medicines
and Related
Substances
Control
Amendment
Act, 1991,
so as
to further
provide
for the
commencement
of certain
sections thereof;
to amend
the
Probation
Services Act,
1991, so
as to
further provide
for the
treatment
of probationers;
to amend
the Social
Assistance
Act, 1992,
so as
to
define
certain expressions;
and
to provide
that grants
may
be paid
in respect
of
care-dependant
children;
and to
provide for
incidental
matters.
-
- (Afrikaans
text
signed by
the State
President.)
(Assented
to 9
July 1993.)
-
BE
IT ENACTED
by the
State
President
and the
Parliament
of the
Republic
of South
Africa, as
follows:-
-
- Amendment
of section
16 of
Act 63
of 1977
-
1.
Section
16 of
the Health
Act, 1977,
is hereby
amended
by the
addition
of the following
subsection,
the existing
section becoming
subsection
(1): -
- "(2)
An
Administrator
may
with the
concurrence
of the
Minister
of State
Expenditure
and in
so far
as he
has not
already
been
authorized
thereto
by
any
law
prescribe
by
regulation
in the
Official
Gazette
of the
province
concerned-
-
- (a)
in
respect of
any function
which
a provincial
administration
is in
terms
of this
Act
authorized
or compelled
to
perform
-
-
- (i)
the
moneys
payable
for a
service
resulting
from such
function;
-
- (ii)
the
circumstances
in which
and the
conditions
under
which
such moneys
shall
be
payable;
-
- (iii)
the
basis
on which
such
moneys shall
be calculated;
and
-
- (b)
the
basis
on which
and the
conditions
subject to
which
any person
may,
wholly or
in part,
be exempted
from
the
payment
of
the moneys
referred to
in
paragraph
(a) (i).
".
-
- Amendment
of section
20 of
Act 63
of 1977
-
- 2.
Section
20 of
the Health
Act, 1977,
is hereby
amended-
-
- (a)
by the
substitution
in paragraph
(d) of
subsection
(1) for
the words
preceding subparagraph
(i) of
the following
words:
-
- "to
render
in its
district, subject
to the
provisions
of this
Act or
any other
law, primary
health
care services
approved
by the
Minister, including
services
for-";
-
- (b)
by the
deletion
of the
word
"and" at
the end
of subparagraph
(ii)
-
of
paragraph (d)
of subsection
(1) and
the
addition
of the
following
subparagraphs:
-
- "(iv)
the
treatment
of diseases
and
injuries
which
are normally
treated
by a
general
practitioner;
and
(v) the
provision
of essential
medicines,";
and
-
(c)
by the
insertion after
subsection
(1) of
the following
subsection:
"(1A)
In
so far
as a
local
authority
is not
already
authorized
-
thereto
by
any
law,
that
local
authority
may-
-
(a)
determine- -
- (i)
the
moneys
payable
for a
service
resulting
from any
function
in terms
of this
Act;
-
- (ii)
the
circumstances
in which
and the
conditions
under
which
such moneys
shall
be
payable;
and
-
- (iii)
the
basis
on which
such
moneys shall
be calculated;
-
- (b)
on
application
by
any person,
in
writing
exempt such
person
from the
payment
of such
moneys.".
-
- Amendment
of section
11 of
Act 19
of 1979
-
- 3.
Section
11 of
the Dental
Technicians
Act,
1979, is
hereby
amended
by the
substitution
for subsection
(3) of
the following
subsection:
-
- "(3)
The council
may
from
time
to time
establish
such
other
committees
as it
may deem
necessary,
each
consisting
of such
number
of persons,
appointed by
the council,
as the
council may
determine,
but which
shall
include
at least
two members
of the
council
who shall
be
the
chairman
and
vice-chairman
of such
committee,
to investigate
and report
to the
council
on any
matter
falling within
the
scope
of the
council's
functions.". -
- Amendment
of section
1 of
Act 116
of 1990
-
4.
Section
1 of the
National Policy
for Health
Act,
1990, is
hereby amended- -
(a)
by the
deletion of
the definition
of "Administrators
Council";
and -
- (b)
by the
substitution
for the
definition
of "health
body"
of the
following
definition:
-
- "'health
body'
means
the
Committee,
any sub-committee
established
under
section 9(1)
the
Administrators
Council
or the
Council,
-
as
the
case may
be;".
-
- Amendment
of section
5 of
Act 116
of 1990
-
S.
Section
S of
the National
Policy for
Health
Act,
1990, is
hereby amended
by the
substitution
for paragraph
(b) of
subsection
(1) of
the following
paragraph: -
- "(b)
may,
when so
requested
by any
other Minister
of a
department
of
State
responsible
for health
or the
Administrators
Council,
make -
- recommendations
to the
relevant
Minister
or the
Administrators
-
Council
in
regard
to any
such
matter;".
Amendment
of section
6 of
Act 116
of 1990
-
6.
Section
6 of
the National
Policy
for Health
Act,
1990, is
hereby amended-
-
- (a)
by the
substitution
for paragraph
(b) of
subsection
(1)
of the
following
paragraph:
-
- "(b)
the
holder
of
any
office
whom
the Minister,
after
consultation
with the
Council,
appoints
as a
member;";
and
-
(b)
by the
insertion
after subsection
(1)
of the
following
subsection:
"(1A)
The Committee
may allow
the holder
of any
office
to
attend
-
a
meeting
of
the
Committee
in
which
case
the
holder
of
that
office
-
may
take
part in
the
proceedings
at the
meeting and
shall
have
the
same powers
as a
member of
the Committee
referred
to in
subsection
(1).".
-
- Repeal
of
sections
11, 12
and 13
of Act
116 of
1990
-
- 7.
Sections
11,
12 and
13 of
the National
Policy
for Health
Act, 1990,
are
hereby
repealed.
-
Amendment
of section
16 of
Act 116
of 1990 -
- 8.
Section
16 of
the National
Policy
for
Health
Act, 1990,
is hereby
amended-
-
- (a)
by the
deletion of
paragraph
(b);
-
- (b)
by the
addition
of the
following
paragraphs:
-
- "(c)
the
Administrator
of each
province
(d)
the holder
of any
office
whom
the Minister,
after
consultation
with
the
Council, appoints
as a
member.";
and
-
- (c)
by the
addition
of the
following subsections,
the
existing
section
becoming
subsection
(1):
-
- "(2)
The Council
may allow
the
holder
of
any
office
to attend
a meeting
of the
Council
in which
case the
holder
of
that
office may
take part
in the
proceedings
at the
meeting
and
shall
have
the
same powers
as a
member
of the
Council
referred to
in subsection
(1).
-
- (3)
(a) Any
member
of
the Council
may,
subject to
the directions
of
the
-
Council,
designate
any
person
to act
in
his
stead as
member
of the
Council.
-
- (b)
Any
alternate
member
referred to
in
paragraph
(a) may
attend, and
take part
in the
proceedings,
at
any meeting
of
the
Council
whenever
the
member
in respect
of whom
he has
been
designated
as an
alternate
member,
is absent
from
that
meeting.".
-
- Amendment
of section
19 of
Act 116
of 1990
-
- 9.
Section
19 of
the National
Policy
for
Health
Act, 1990,
is hereby
amended
by the
deletion
of subsection
(2).
-
- Substitution
of long
title
of Act
116 of
1990
-
- 10.
The following
long
title
is hereby
substituted
for the
long
title of
the National
Policy
for
Health
Act, 1990:
-
- "ACT
-
- To
provide
for control
measures
with a
view
to promoting
the health
of the
inhabitants
of the
Republic,
and for
that purpose
to provide
for the
determination
of a
national
policy
for
health,
for the
establishment
of a
Health
Matters
Committee
an Administrators
Health
Council and
a Health
Policy Council,
and for
matters
connected
therewith.".
-
- Substitution
of section
29 of
Act 94
of 1991
-
- 11.
The following
section
is
hereby
substituted
for
section 29
of the
-
Medicines
and Related
Substances
Control Amendment
Act, 1991:
-
- "29.
(1) (a)
This
Act
shall
be
called
the
Medicines
and
-
Related
Substances
Control Amendment
Act,
1991, and
shall,
with the
exclusion
of the
provisions
referred to
in paragraph
(b), come
into
operation on
a date
fixed
by the
State
President
by proclamation
in the
Gazette.
-
- (b)
Sections
l(d), (n)
and (m),
9, 16(c)
up to
and including
(h),
-
19,
21, 23,
24 and
25 shall
be
deemed
to
have
come into
operation
on 12
-
July
1991.
-
- (2)
Different
dates
may
be fixed
under
subsection
(1)(a)
in respect
of different
provisions
of this
Act.
-
- (3)
Proclamation
R.66
of 12
July
1991 is
hereby
repealed.".
Amendment
of section
2 of
Act 116
of 1991
-
- 12.
Section
2 of
the Probation
Services Act,
1991,
is hereby
amended
by the
substitution
for subsection
(3) of
the following
subsection:
-
- "(3)
Any
person
appointed
as a
probation
officer under
the
Children's
Act,
1960 (Act
No. 33
of
1960), or
the
Probation
Services Act
(House of
Assembly),
1986 (Act
No. 98
of 1986),
shall
be deemed
to have
been
appointed
as a
probation
officer under
this Act.".
-
- Insertion
of section
3A in
Act
116 of
1991
-
13.
The following
section
is hereby
inserted
in the
Probation
Services
-
Act,
1991,
after section
3: "Treatment
of probationers
-
3A.
(1)
Notwithstanding
any probation
condition
imposed
by
a court,
the Director-General
may
determine
and
impose
further
conditions
which
shall
apply
in respect
of a
probationer
as part
of his
probation
-
conditions.
-
- (2)
A further
condition
may include
participation
in
a
rehabilitation
-
or
other
programme
as determined
in terms
of or
prescribed
under
section
-
84(1)
of
the
Correctional
Services Act,
1959 (Act
No. 8
of
1959).
-
- (3)
A further
condition
referred
to in
subsection
(2)
shall
only
be
-
imposed
with the
concurrence
of
the
Commissioner
of
Correctional
Services.
-
- (4)
A probationer
who
feels
aggrieved
by
the imposition
of a
further
condition
may
in writing
object
against the
imposition
of such
condition
to the
Minister.
-
- (5)
The Minister
may, after
considering
an objection
referred
to
in subsection
(4) and
the
further
information
that
he
may
gather
in
his
discretion,
revoke or
amend the
condition
concerned,
or substitute
another
condition
for
that
condition.
-
- (6)
For
the
purposes
of
this
section
'further
condition'
means
a condition
imposed
in terms
of subsection
(1).".
-
- Amendment
of section
1 of
Act 59
of 1992
-
14.
Section
1 of
the Social
Assistance
Act, 1992,
is hereby
amended-
(a) by
the insertion
after
the
definition
of "capitation
grant"
of the
-
following
definitions:
-
"'care-dependency
grant' means
a grant
made in
terms of
section
'care-dependant
child'
means a
child between
the ages
of one
and -
- eighteen
years who
requires
and receives
permanent
home care
due
to his
severe
mental
disability,";
and
-
- (b)
by the
insertion
after the
definition
of "foster
child grant"
of the
following definition:
-
- "'foster
parent'
means
any person,
except
a parent
of
the
child
concerned,
in whose
custody
a foster
child
has
been
placed
under
Chapter 3
or 6
of
the
Child
Care Act,
1983
(Act
No. 74
of
1983),
or section
290 of
the
Criminal
Procedure
Act,
1977
(Act
No. 51
of
-
1977),
or a
tutor
to
whom a
letter of
tutorship
has been
issued in
terms
of Chapter
IV of
the
Administration
of Estates
Act,
1965 (Act
No. 66
of 1965);".
-
- Amendment
of section
2 of
Act 59
of 1992
-
- 15.
Section
2 of
the Social
Assistance
Act, 1992,
is hereby
amended-
(a) by
the substitution
for paragraph
(b) of
the following
paragraph:
-
"(b)
in addition
to a
social
grant,
a grant-in-aid
to or
on behalf
of any
person referred
to in
paragraph
(a) or
a war
veteran
who
is in
such
a physical
or mental
condition
that he
requires
regular
attendance
by any
person;";
and
-
- (b)
by the
addition
of the
following
paragraph:
-
- "(g)
a
care-dependency
grant to
a foster
parent in
respect of
a care-dependant
child.".
-
- Amendment
of Schedule
to Act
59 of
1992
-
- 16.
The Schedule
to the
Social
Assistance Act,
1992,
is
hereby
amended
by the
substitution
for the
words occurring
in the
third
column
opposite
"Blind Persons
Act,
1968"
of the
following
words "Section
2(1)(a)
-
and
(b)".
-
- Short
title
and commencement
-
- 17.
(1) This
Act shall
be
called the
Health
and Welfare
Matters
-
Amendment
Act, 1993.
-
- (2)
(a)
Section
3 shall
be deemed
to have
come
into
operation
on 7
-
November
1992.
-
- (b)
Sections
13,14 and
15 of
this Act
shall
come
into
operation
on the
same
date
as the
date on
which the
Social
Assistance
Act,
1992
(Act No.
59 of
1992),
comes
into
operation.
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