OFFICE
OF THE PRESIDENT
-
- No. 547 12 April 1995
-
- NO. 5 OF 1995: NURSING
AMENDMENT ACT, 1995.
-
- It is hereby notified that
the President has assented to the following Act, which is hereby
published for general information:
-
- GENERAL EXPLANATORY NOTE:
-
- ** ** Words between two
asterisks indicate omissions from existing enactments.
-
- << >> Words
between two pointed brackets indicate insertions in existing
enactments.
-
ACT
-
- To amend the Nursing Act,
1978, so as to amend certain definitions and to define certain
expressions; to provide for the establishment
of the South African
Interim Nursing Council; to further regulate the objects and powers
of the said council; to provide for
the constitution of the said
council; to further regulate the filling of vacancies on the said
council; to provide for the abolition
of the various nursing
councils in the Republic; and to provide for the rationalisation of
certain laws relating to nursing that
remained in force in various
areas of the national territory of the Republic by virtue of section
229 of the Constitution; and
to provide for matters connected
therewith.
-
(Afrikaans
text signed by the President.) (Assented to 6 April 1995.)
-
- BE IT ENACTED by the
Parliament of the Republic of South Africa, as follows:-
-
Amendment of
section 1 of Act 50 of 1978, as amended by section 26 of Act 94 of
-
1991 and section 1 of Act
21 of 1992
-
- 1. Section 1 of the
Nursing Act, 1978 (hereinafter referred to as the principal Act), is
hereby amended-
-
- (a) by the insertion
after the definition of "approved nursing school" of the
following definitions:
-
- <<"
'Bophuthatswana Nursing Council' means the Bophuthatswana Nursing
Council established by section 53 of the Health
and Related-
Professions Act, 1985 (Act No. 33 of 1985) (Bophuthatswana);
-
'Ciskeian Nursing Council'
means the Ciskeian Nursing Council established by section 2 of the
Nursing Act, 1984 (Act No. 13
of
-
1984) (Ciskei);>>";
-
- (b) by the substitution
for the definition of "council" of the following
definition:
-
- " 'council' means the
South African <<Interim>> Nursing Council
-
**referred to in**
<<established by>> section 2;";
-
- (c) by the insertion
after the definition of "council" of the following
definition: " <<'Director-General'
means the
Director-General: Health or his or her nominee;>>";
-
- (d) by the substitution
for the definition of "Minister" of the following
-
definition: " 'Minister'
means the Minister of **National** Health;";
-
- (e) by the insertion
after the definition of "scheduled substance" of the
following definition:
-
- <<" 'South
African Nursing Council' means the South African Nursing Council
referred to in section 2 of this Act
prior to the amendment of the
said section 2 by the Nursing Amendment Act, 1995;>>";
-
- (f) by the insertion
after the definition of "this Act" of the following
definitions:
-
- <<"
'Transitional Nurses Committee' means the organisation consisting
of the nursing associations of South Africa,
the former Republics
of Transkei, Bophuthatswana, Venda and Ciskei, the former
self-governing territories as well as various
other organisations
which represent nurses; 'Transkei Nursing Council' means the
Transkei Nursing Council established by section
2 of the Nursing
Act, 1978 (Act No. 6 of 1978) (Transkei).>>".
-
- Substitution of heading to
Chapter 1 of Act 50 of 1978
-
- 2. The following heading
is hereby substituted for the heading to Chapter
-
1 of the principal Act:
-
- "**Continued
Existence and** Objects, Functions and Powers of the South
-
African <<Interim>>
Nursing Council". Substitution of section 2 of Act 50 of 1978
-
3. The following section is
hereby substituted for section 2 of the principal Act:
-
- "Establishment of
South African Interim Nursing Council
-
<<2.
(1) There is hereby established a juristic person to be known as
the South African Interim Nursing Council and the
first meeting of
the council shall be convened by the Director-General.
-
- (2) The head office of the
council shall be situated at Pretoria.
-
- (3) The council shall, at
its first meeting, appoint an acting registrar to perform the
functions of the registrar until a registrar
is appointed in terms
of section 12.>>".
-
- Amendment of section 3 of
Act 50 of 1978
-
- 4. Section 3 of the
principal Act is hereby amended by the addition of the following
paragraphs:
-
- <<"(f) to make
recommendations to the Minister on the constitution of a new
council within a period not exceeding
two years from the date of
the commencement of the Nursing Amendment Act, 1995;
-
- (g) to advise the
Minister on the amendment or adaptation of this Act so as to
support the universal norms and values of the
nursing profession
and to place greater emphasis on professional practice, democracy,
transparency, equity, accessibility and
community involvement.>>".
-
- Substitution of section 5
of Act 50 of 1978, as substituted by section 3 of Act
-
21 of 1992
-
- 5. The following section
is hereby substituted for section 5 of the
-
principal Act:
-
- "Constitution of
council
-
- <<5.(1) The council
shall consist of the following members, appointed by the Minister,
namely-
-
- (a) eight registered
nurses designated by the South African Nursing Council from its
members taking into account provincial
repre- sentation;
-
- (b) two registered nurses
designated by the Transkei Nursing Council from its members;
-
- (c) three registered
nurses designated by the Bophuthatswana Nursing
-
Council from its members;
-
- (d) two registered nurses
designated by the Ciskeian Nursing Council from its members;
-
- (e) nine registered
nurses designated by the Transitional Nurses Committee taking into
account provincial representation; two
officers of the Department
of Health;
-
- (g) one person registered
as a pharmacist in terms of the Pharmacy Act,
-
1974 (Act No. 53 of 1974),
and who practises as such;
-
- (h) one person registered
as a medical practitioner in terms of the Medical, Dental and
Supplementary Health Service Professions
Act, 1974 (Act No. 56 of
1974), and who practises as such;
-
- (i) one person appointed
on account of his or her knowledge of the law; (j) five other
persons.
-
(2) The councils mentioned in
subsection (1) (a), (b), (c) and (d) and the Transitional Nurses
Committee mentioned in subsection
(1)(e) shall, within 14 days of
the date of the commencement of the Nursing
-
Amendment Act, 1995,
inform the Director-General in writing of the
-
names of the persons
designated by them in terms of the relevant provisions of
subsection (1).
-
- (3) (a) If the councils
mentioned in subsection (1)(a), (b), (c) and (d) and the
Transitional Nurses Committee mentioned in
subsection (1)(e) fail
to designate persons in terms of those provisions or fail to inform
the Director-General under subsection
(2) of the names of the
persons so designated, the Minister shall appoint any qualified
persons up to the number required,
as members of the council.
-
- (b) The Director-General
shall, in the case of a failure contemplated in paragraph (a),
immediately inform the Minister thereof
in writing.
-
- (4) As soon as possible
after the appointment of the members of the
-
council the Minister shall
inform the Director-General of the names of the persons appointed
by him or her.
-
- (5) The names of the
members of the council and the date of commencement of their period
of office shall be published by the
Director-General in the Gazette
as soon as possible after the constitution of the council.
-
- (6) Subject to the
provisions of section 6, the members of the council shall hold
office as from the date contemplated in subsection (5) until the
constitution of a new
council but not exceeding a period of
-
two years.>>".
-
- Amendment of section 6 of
Act 50 of 1978, as amended by section 46 of Act 97 of
-
1986 and section 4 of Act
21 of 1992
-
- 6. Section 6 of the
principal Act is hereby amended-
-
- (a) by the substitution
for paragraph (g) of subsection (1) of the following paragraph:
-
- <<"(g) he or
she ceases to hold any qualification necessary for his or her
appointment or tenders his or her resignation
in writing to the
-
Minister and the Minister
accepts his or her resignation;>>";
(b) by the substitution for
subsection (2) of the following subsection: "(2) Every vacancy
on the council arising from a
circumstance referred to
-
in subsection (1) and
every vacancy caused by the death of a member,
-
shall be filled by
appointment **designation or election, as the case
-
may be, by the person or body
by whom and in the manner in which the vacating member was required
to be appointed, designated
or elected**
-
<<by the Minister of a
person nominated by the Council>> and every member so
appointed **designated or elected**
shall hold office for the
unexpired portion of the period for which the vacating member was
appointed **designated or elected**.".
-
- Amendment of section 10 of
Act 50 of 1978, as amended by section 7 of Act 21 of
-
1992
-
- 7. Section 10 of the
principal Act is hereby amended by the substitution for subsection
(1) of the following subsection:
-
- "(1) There shall be
an executive committee of the council consisting of the president,
the vice-president and the treasurer,
and one member appointed in
terms of section 5(1)**(a)(i)** <<(f)>>, one member
appointed in terms of section 5(1)**(a)(ii)**
<<(i)>>
and other members of the council designated by the council.".
-
- Amendment of section 12 of
Act 50 of 1978
-
- 8. Section 12 of the
principal Act is hereby amended by the deletion of subsection (4).
-
- Substitution of section 14
of Act 50 of 1978
-
- 9. The following section
is hereby substituted for section 14 of the principal Act:
-
- "Minister may
rectify defects
-
- 14. If anything required
to be done under this Act in connection with
-
the appointment **designation
or election** of any member is omitted
-
or not done within the time
or in the manner required by this Act, the Minister may order all
such steps to be taken as may
be necessary to rectify the omission
or error, or may validate anything done in an irregular manner or
form, in order to give
effect to the objects of this Act.".
-
- Amendment of section 45 of
Act 50 of 1978, as amended by section 21 of Act 21 of 1992
-
- 10. Section 45 of the
principal Act is hereby amended by the deletion of subparagraph (ii)
of paragraph (a) of subsection (1).
-
Substitution of section 45A of
Act 50 of 1978, as inserted by section 2 of Act
-
70 of 1982 and substituted by
section 1 of Act 56 of 1987
-
- 11. The following section
is hereby substituted for section 45A of the principal Act:
-
- "Abolition of
certain councils, and transitional arrangements
-
- <<45A.(1) The South
African Nursing Council, the Bophuthatswana Nursing Council, the
Transkei Nursing Council and the
Ciskeian Nursing Council shall
cease to exist on the day immediately preceding the date of the
first meeting of the council,
and all rights, obligations, assets
and liabilities acquired or incurred, as the case may be, by the
South African Nursing
Council, the Bophuthatswana Nursing Council,
the Transkei Nursing Council and the Ciskeian Nursing Council,
shall immediately
vest in the council and the council shall be
deemed to have acquired or incurred such rights, obligations,
assets and liabilities
-
in terms of this Act.
-
- (2) (a) The registrar of
deeds in question shall make, at the request
-
of the council and on
submission of the relevant title deeds and other documents, the
necessary entries and endorsements in
respect of his or her
registers and other documents in order to give effect to any
transfer contemplated in subsection (1).
-
- (b) No transfer duty,
stamp duty or other fees shall be payable in respect of such
transfer, entry or endorsement.>>".
-
- Amendment of section 46 of
Act 50 of 1978
-
- 12. Section 46 of the
principal Act is hereby amended by the deletion of subsection (5).
-
- Substitution of long title
of Act 50 of 1978
-
- 13. The following long
title is hereby substituted for the long title of the principal Act:
-
"ACT
-
- To consolidate and amend
the laws relating to the professions of registered or enrolled
nurses, nursing **assistants** <<auxiliaries>>
and
midwives; and to provide for matters incidental thereto.".
-
- Repeal of laws, and
savings
-
- 14. (1) Subject to the
provisions of this section, the laws mentioned in the second column
of the Schedule are, from the date
on which the South
-
African Nursing Council,
the Bophuthatswana Nursing Council, the Transkei
-
Nursing Council and the
Ciskeian Nursing Council are abolished in terms of section 45A of
the Nursing Act, 1978 (Act No. 50 of
1978) (in this section referred
to as the principal Act), repealed as indicated in the third column
of the Schedule, to the extent
that such laws were in force in the
various areas of the national territory of the Republic as set out
in the fourth column of
the Schedule, immediately prior to the
commencement of the Constitution of the Republic of South Africa,
1993 (Act No. 200 of
1993).
-
- (2) Any proclamation,
notice, regulation, authorisation or order issued, made, granted or
done in terms of a provision of any
law repealed in terms of
subsection (1) shall, unless inconsistent with any provision of the
principal Act, be deemed to have
been issued, made, granted or done
under the corresponding provision of the principal Act, and shall
remain in force until withdrawn
or repealed, as the case may be, by
the South African Interim
-
Nursing Council established by
section 2 of the principal Act (in this section
-
referred to as the interim
council).
-
- (3) (a) Any registration
or enrolment, or any removal from a register or roll, or any
appointment or any other thing done in terms
of a provision of
-
any law repealed by subsection
(1) shall be deemed to have been done under the principal Act.
-
- (b) Any person enrolled as
a nursing assistant or a pupil nursing assistant in terms of a
provision of any law repealed by subsection
(1) shall be deemed to
have been enrolled as a nursing auxiliary or a pupil nursing
auxiliary under section 16 or 24 of the principal
Act, as the case
may be.
-
- (4) Notwithstanding the
provisions of subsection (1), any inquiry into alleged improper or
disgraceful conduct, including any
preliminary investigation
undertaken to determine whether prima facie evidence exists which
would justify such inquiry, instituted
by a council abolished under
section 45A of the principal Act and which has not been concluded at
the date of the first meeting
of the interim council shall be
continued and concluded by the interim council in accordance with
the provisions of the law under
which the inquiry was instituted, as
if such law had not been repealed.
-
- (5) Notwithstanding the
provisions of subsection (1), the interim council shall have the
power to institute and conclude disciplinary
proceedings under the
relevant provisions of the repealed laws in accordance with the
procedures as prescribed by regulations
made under section 45 of the
principal Act, against any person who, at any time prior to the
first meeting of the interim council,
is alleged to have committed
an act which may have constituted improper or disgraceful conduct in
terms of the provisions of
the repealed
-
laws or any regulation
made thereunder: Provided that the interim council
-
shall not institute
proceedings against any person, unless the nature of the
contravention which such person is alleged to have
committed in
terms of the repealed laws or any regulation made thereunder, is
substantially the same as that of a contravention
contemplated in
the corresponding provisions of the principal Act or any regulation
made thereunder.
-
- (6) Any act performed or
decision taken by the Bophuthatswana Nursing Council, the Transkei
Nursing Council and the Ciskeian Nursing
Council, shall be deemed to
have been performed or to have been taken, as the case may be, in
terms of the corresponding provisions
of the principal Act.
-
- (7) Any person who was
employed by the South African Nursing Council, the Bophuthatswana
Nursing Council, the Transkei Nursing
Council or the Ciskeian
Nursing Council immediately prior to the date referred to in
subsection (1), shall be deemed to have
been appointed by the
interim council in terms of section 12 of the principal Act.
-
- (8) Any person who,
immediately prior to the date referred to in subsection (1), was the
registrar of the South African Nursing
Council, the Bophuthatswana
Nursing Council, the Transkei Nursing Council or the Ciskeian
Nursing Council, shall, within 14 days
after the commencement of
this Act, furnish the Director-General: Health with the registers,
rolls, minutes, financial statements
and any other relevant
documents of their respective councils.
-
- Extension of application
of Act 50 of 1978
-
- 15. The Nursing Act, 1978
(Act No. 50 of 1978), as it was in force immediately prior to the
commencement of the Nursing Amendment Act, 1995, in the national
territory of the Republic excluding the areas which comprised the
former Republics of Transkei, Bophuthatswana,
Venda and Ciskei and
the areas which comprised the territories declared under section 26
of the
-
Self-governing Territories
Constitution Act, 1971 (Act No. 21 of 1971), to be self-governing
territories shall, from the date
referred to in section 14(1)
-
of the Nursing Amendment Act,
1995, also apply in all the aforesaid areas of
-
the national territory of the
Republic. General provision
-
16. During the period of
existence of the South African Interim Nursing
-
Council the name "South
African Nursing Council' shall be deemed to be the name of the said
interim council, for purposes
of the issue of certificates, diplomas
and distinguishing devices, as well as for the use on letterheads or
on any other place
where the emblem and name of the South African
Nursing Council is used.
-
- Short title
-
- 17. This Act shall be
called the Nursing Amendment Act, 1995.
-
SCHEDULE
-
LAWS
REPEALED BY SECTION 14
|
Number and |Short |
title |
- |Extent
|
of |
- |Area of national
territory
|
|
year of law | |
|
- |repeal
|
|
- |in respect which
law is
|
- | | |repealed
-
-------------|--------------------|------------------|--------------------------
Act No. 69 of|Nursing Act, 1957 |The whole |The
territory of the
-
1957 | | |former public of
Venda and
-
| | |the territory of the
-
| | |former self-governing
-
| | |territory of Lebowa
-
| | |
-
Act No. 31 of|Nursing
Amendment |The whole |The territory of the
-
1970 |Act, 1970 | |former
Republic of Venda
-
| | |and the territory of
the
-
| | |former self-governing
-
| | |territory of
Lebowa
-
| | |
-
Act No. 50 of|Nursing
Amendment |The whole |The territory of the
-
1972 |Act, 1972 | |former
Republic of Venda
-
| | |and the territory of
the
-
| | |former
self-governing
-
| | |territory of Lebowa
-
| | |
-
Act No. 6 of |Nursing Act,
1978 |The whole, |The territory of the
-
1978 | |except
sections |former Republic of
-
(Transkei) | |27 to 36
inclusive|Transkei
-
| | |
-
Act No. 50 of|Nursing Act,
1978 |The whole |The territories of the
-
1978 | | |former
self-governing
-
| | |territories of
KwaNdebele
-
| | |and KaNgwane
-
| | |
-
Act No. 12 of|Nursing
Amendment |The whole |The territory of the
-
1979 |Act, 1979 | |former
Republic of
-
(Transkei) | | |Transkei
-
| | |
-
Act No. 16 of|General
Law |Section 6 |The territory of the
-
1981 |Amendment Act, 1981
| |former Republic of
-
(Transkei) | | |Transkei
-
| | |
-
Act No. 71 of|Nursing
Amendment |The whole |The territory of the
-
1981 |Act, 1981 | |former
self-governing
-
| | |territory of KaNgwane
-
| | |
-
Act No. 70 of|Nursing
Amendment |The whole |The territory of the
-
1982 |Act, 1982 | |former
self-governing
-
|
|
|
|
| |
|
- |territory of KaNgwane
|
|
|
|
|
| |
|
- |
|
|
Act No. 13
of|Nursing |
Act, |
1984 |
|The |
whole |
- |The territory of
|
the |
|
1984(Ciskei) | |
|
|
| |
|
- |former Re-public
|
of |
|
|
|
|
| |
|
- |Ciskei
|
|
|
|
|
|
| |
|
- |
|
|
- Act No. 12
of|Gazankulu Nursing |The whole |The territory of the
-
1985 |Act, 1985 | |former
self-governing
-
(Gazankulu) | | |territory
of Gazankulu
-
| | |
-
Act No. 15 of|KwaZulu Nursing
Act,|The whole |The territory of the
-
1985 |1985 | |former
self-governing
-
(KwaZulu) | | |territory of
KwaZulu
-
| | |
-
Act No. 22 of|General Law
Amend- |Sections 8 |The territory of the
-
1985 |ment Act, 1985 |and
9 |former Republic of
-
(Transkei) | | |Transkei
-
| | |
-
Act No. 25 of|Health Laws
Amend- |Sections 11 |The territory of the
-
1985 |ment Act, 1985 |to 14
inclusive |former Republic of
-
(Transkei) | | |Transkei sive
-
| | |
-
Act No. 33 of|Health and
Related |Chapter 4 |The territory of the
-
1985(Bophu- |Professions
Act, | |former Republic of
-
thatswana) |1985 | |Bophuthatswana
-
| | |
-
Act No. 3 of |Nursing
Amendment |The whole |The territory of the
-
1986(Ciskei) |Act,
1986 | |former Republic of
| | |Ciskei -
| | |
-
Act No. 8 of |Qwaqwa Nursing
Act, |The whole |The territory of the
-
1986(Qwaqwa) |1986 | |former
self-governing
-
| | |territory of Owaqwa
-
| | |
-
Act No. 18 of|Nursing
Amendment |The whole |The territory of the
-
1986 |Act, 1986 | |former
Republic of
-
(Transkei) | | |Transkei
-
| | |
-
Decree No. 2 |Nursing
Amendment |The whole |The territory of the
-
of 1989 |Decree,
1989 | |former Republic of
-
(Transkei) | | |Transkei
-
| | |
-
Act No. 12 of|Nursing
Amendment |The whole |The territory of the
-
1989(KwaZulu)|Act,
1989 | |former self-governing
-
| | |territory of KwaZulu
-
| | |
-
Act No. 20 of|Nursing
Amendment |The whole |The territory of the
-
1989 |Act,1989 | |former
self-governing
-
(KwaNdebele)
| | |territory of KwaNdebele
-
| | |
-
Decree No. 20|Decree: Nursing
Act |The whole |The territory of the
-
1990 |Rectification
of | |former Republic of
-
(Transkei) |Nursing
Council | |Transkei
-
|Elections, 1990 | |
-
| | |
-
Decree No. 48|Nursing
Amendment |The whole |The territory of the of 1990 |Decree,
1990 | |former Republic of (Ciskei) | | |Ciskei
-
| | |
-
Act No. 12 of|KwaZulu
Nursing |The whole |The territory of the
-
1991(KwaZulu)|Nursing
Amendment | |former self-governing
-
|Act, 1991 | |territory of
KwaZulu
-
|
|
|
-
|
