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OFFICE OF THE PRESIDENT
No. 548 12 April 1995
NO. 6 OF 1995: PHARMACY 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 Pharmacy Act, 1974, so as to insert certain
definitions and to amend others; to provide for the
establishment, constitution and objects
of the Interim
Pharmacy Council of South Africa; to provide for the
abolition of the South African Pharmacy Council;
and to
provide for the repeal of certain laws in respect of the
pharmaceutical profession which remained in force
in the
various territories. of the national territory of the
Republic by virtue of section 229 of the Constitution;
and
to provide for matters connected therewith.
(English 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 53 of 1974, as amended by
section 1 of Act 20 of 1979, section 1 of Act 20 of 1983,
section 1 of Act 69 of 1985 and section 23 of Act 94 of 1991
1. Section 1 of the Pharmacy Act, 1974 (hereinafter
referred to as the principal Act), is hereby amended-
(a) by the insertion before the definition of
"corporation" of the following definition:
"<<'Ciskeian Medical Council' means the
Ciskeian Medical Council established by section 2 of the
Health
Professions and Related Health Practices Act, 1984
(Act No. 36 of 1984) (Ciskei);";>>
(b) by the insertion after the definition of "council"
of the following definition:
"<<'Director-General'means the
Director-General: Health or his or her nominee;>>";
(c) by the substitution for the definition of "Minister"
of the following definition:
" 'Minister' means the Minister of Health **and
Welfare**;";
(d) by the deletion of the definition of "Republic";
(e) by the insertion after the definition of "scheduled
substance" of the following definition:
"<<'South African Pharmacy Council' means the
South African Pharmacy Council referred to in section 2 of
this Act prior to its amendment by the Pharmacy Amendment
Act, 1995;>>"; and by the insertion after the
definition of "this Act" of the following
definition:
"<<'Transkeian Medical Council' means the
Transkeian Medical Council established by section 2 of the
Medical, Allied and Supplementary Professions Act, 1976 (Act
No. 30 of 1976) (Transkei);>>".
Substitution of heading to Chapter 1 of Act 53 of 1974
2. The following heading is hereby substituted for the
heading to Chapter I of the principal Act:
"**Continued Existence** <<Establishment>>
and Objects, Powers and Functions of the **South African
Pharmacy Board** <<Interim Pharmacy Council of South
Africa>>".
Substitution of section 2 of Act 53 of 1974, as
substituted by section 2 of Act 69 of 1985
3. The following section is hereby substituted for
section 2 of the principal Act:
"Establishment of Interim Pharmacy Council of South
Africa
<<2. (1) There is hereby established a juristic
person to be known as the Interim Pharmacy Council of South
Africa and the first meeting of the council shall be
convened by the Director-General. (2) The head office of the
council shall be situated in Pretoria.>>".
Amendment of section 3 of Act 53 of 1974
4. Section 3 of the principal Act is hereby amended by
the deletion of the word "and" at the end of
paragraph
(c) and the addition of the following paragraphs:
"<<(e) to make recommendations to the Minister
on the constitution of a new council within a period not
exceeding 24 months calculated as from the date of
commencement of the Pharmacy Amendment Act, 1995; and
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(g) to advise the Minister with regard to the amendment
or adjustment of this Act in order to support the universal
norms and values of the pharmaceutical profession, with
greater emphasis on professional practice, democracy,
transparency, equity, accessibility and com- munity
involvement.>>".
Amendment of section 4 of Act 53 of 1974
5. Section 4 of the principal Act is hereby amended by
the deletion of the proviso to paragraph (h).
Substitution of section 5 of Act 53 of 1974, as amended
by section 2 of Act 20 of 1979 and section 3 of Act 69 of
1985
6. 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) nine registered pharmacists nominated by the South
African Pharmacy Council from its members, three of whom
shall each be a member of the staff of a university or a
technikon (but not members of the same staff) at which
provision is made for the training of pharmacists;
(b) three registered pharmacists nominated by the
Ciskeian Medical Council;
(c) three registered pharmacists nominated by the
Transkeian Medical Council;
(d) an officer of the Department of Health;
(e) 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
practices as such; one person registered as a nurse in terms
of the Nursing Act, 1978 (Act No. 50 of 1978), and who
practises as such;
(g) one person appointed on account of his or her
knowledge of the law;
(h) six other persons.
(2) The councils referred to in subsection (1) (a), (b)
and (c) shall, within 14 days of the commencement of the
Pharmacy Amendment Act, 1995, inform the Director-General in
writing of the names of the persons nominated by them in
terms of the relevant
provisions of subsection (1).
(3) (a) If a council referred to in subsection (1) (a),
(b) or (c) fails to nominate persons in terms of the said
provisions or fails to inform the Director-General under
subsection (2) of the names of the persons so nominated, the
Minister shall appoint qualified persons up to the number
required, as members of the council.
(b) The Director-General shall, in the case of a failure
contem- plated in paragraph (a), immediately inform the
Minister thereof in writing.
(4) The Minister shall as soon as possible after the
appointment of the members of the council inform the
Director-General
of the names of 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 made
known by the Director-General in the Gazette as soon as
possible after the constitution of the council.
(6) Subject to the provisions of section 7, the members
of the council shall hold office as from the date
contemplated in subsection (5) until the date of
constitution of a new council, but not exceeding 24
months.".>>
Repeal of section 6 of Act 53 of 1974
7. Section 6 of the principal Act is hereby repealed.
Amendment of section 7 of Act 53 of 1974, as amended by
section 5 of Act 69 of 1985 and section 46 of Act 97 of 1986
8. Section 7 of the principal Act is hereby amended-
(a) by the substitution for paragraph (g) of subsection
(t) of the following paragraph:
(g) **being an elected member, he tenders his resignation
in writing to the registrar or if, being a member appointed
by the Minister** 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 **or if,
being a member appointed by the South African Medical and
Dental Council referred to in section 5(1)(c) or the South
African Nursing Council referred to in section 5(1)(d),
he
tenders his resignation in writing to the council in
question**; or"; and
(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 **or election according as the vacating member
was appointed or elected** <<by the Minister of a
person nominated by the council>>, and every member so
appointed **or elected** shall hold office for the unexpired
portion of the period for which the vacating member
was
appointed **or elected**.".
Amendment of section 9 of Act 53 of 1974, as amended by
section 3 of Act 20 of 1979
9. Section 9 of the principal Act is hereby amended by
the substitution for subsection (3) of the following
subsection:
"(3) **Eight** <<The majority of the>>
members of the council shall form a quorum at any meeting of
the council.".
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Repeal of section 50A of Act 53 of 1974
10. Section 50A of the principal Act is hereby repealed.
Substitution of section 51 of Act 53 of 1974
11. The following section is hereby substituted for
section 51 of the principal Act:
"Abolition of South African Pharmacy Council, and
transitional provisions
<<51. (1) The South African Pharmacy 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 Pharmacy 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 concerned shall, at the
request of the council and on submission of the relevant
title deeds and other documents, make the necessary entries
and endorsements in respect of his or her registers and
other documents in order to give effect to a transfer in
terms of subsection (1).
(b) No transfer duty, stamp duty or other fees shall be
payable in respect of such transfer, entry or
endorsement.>>".
Substitution of long title of Act 53 of 1974
12. The following long title is hereby substituted for
the long title of the principal Act:
"ACT
To **consolidate and amend the laws providing for the
establishment of the South African Pharmacy Council and**
<<establish the Interim Pharmacy Council of South
Africa; to provide>> for the training and registration
of pharmacists, pharmacist interns, pharmacy students,
unqualified assistants and pharmaceutical technicians; to
provide for the control of the practice of the
pharmaceutical profession; and to provide for matters
incidental
thereto. ".
Repeal of laws, and savings
13. (1) Subject to the provisions of this section, the
laws mentioned in the second column of the Schedule are
repealed
as from the date on which the South African
Pharmacy Council is abolished in terms of section 51 of the
principal
Act as indicated in the third column of the
Schedule, to the extent that such laws were in force
immediately prior
to the commencement of the Constitution in
the various territories of the national territory of the
Republic as
set out in the fourth column of the Schedule.
(2) Any proclamation, notice, regulation, authorisation,
rule or order issued, made, granted or done in terms of a
provision of any law repealed in terms of subsection (1)
shall, unless it is 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 stay in force until cancelled or repealed by
the Interim Pharmacy Council of South Africa, established
by
section 2 of the principal Act (in this section referred to
as the interim council).
(3) Any registration of a person or any removal of a name
from a register or any appointment or anything else done in
terms of a provision of any law repealed in terms of
subsection (1), shall be deemed to have been done under the
principal Act.
(4) Notwithstanding the provisions of subsection (1), any
inquiry, including any preliminary investigation undertaken
to determine whether prima facie evidence exists which would
justify such inquiry, into alleged improper or disgraceful
conduct by any person, conducted by a council abolished by
section 51 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
49 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 the person is alleged to have committed
in terms of the repealed laws or any regulation made
thereunder,
substantially corresponds to that of a
contravention referred to in the corresponding provisions of
the principal
Act or any regulation made thereunder.
(6) Any act performed or decision taken by the Ciskeian
Medical Council or the Transkeian Medical Council, relating
to pharmacy matters, shall be deemed to have been performed
or taken, as the case may be, under the corresponding
provisions of the principal Act.
(7) Any person employed by the South African Pharmacy
Council and any person concerned with matters with regard to
pharmaceutical services employed by the Ciskeian Medical
Council and the Transkeian Medical Council, immedi- ately
prior to the date referred to in subsection (1), shall be
deemed to have been appointed by the interim council in
terms of section 11 of the principal Act.
(8) The person who was the registrar of the South African
Pharmacy Council immediately prior to the date referred to
in subsection (1), shall continue to hold such office until
the interim council appoints a registrar in terms of section
11 of the principal Act.
(9) The registrar referred to in subsection (8) and the
persons who immediately prior to the date referred to in
subsection (1) were the registrars of the Ciskeian Medical
Council and the Transkeian Medical Council shall, within 14
days after the commencement of this Act furnish the
Director-General: Health with the registers, minutes,
financial statements and any other relevant documents of
their respective councils relating to pharmaceutical
matters.
(10) In this section, "South African Pharmacy
Council", "Transkeian Medical Council" and
"Ciskeian
Medical Council" shall mean the South
African Pharmacy Council, the Transkeian Medical Council and
the Ciskeian
Medical Council as defined in section 1 of the
principal Act, respectively.
Extension of application of Act 53 of 1974
14. The principal Act, as it was in force immediately
prior to the commencement of this Act 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 13(1), apply also in those areas.
General provision
15. During the period of existence of the Interim
Pharmacy Council of South Africa, established by section 2
of
the principal Act, the name "South African Pharmacy
Council" shall be deemed to be the name of the interim
council for the purposes of the issue of certificates,
diplomas and distinguishing devices and its use on
letterheads or on any other place where the name of the
interim council is used.
Short title
16. This Act shall be called the Pharmacy Amendment Act,
1995.
SCHEDULE
LAWS REPEALED BY SECTION 13
________________________________________________________________________________
No. and year |Short title |Extent
of repeal |Area in respect
of which of law | | |law is repealed
--------------|--------------------|-----------------|--------------------------
| | | Act No. 53 of |Pharmacy Act, 1974 |The whole |The
territory of the | | |former Republic of Venda | | |and the
territories of the | | |former self-governing
| |
|territories of Lebowa, | | |Gazankulu, Qwaqwa, | |
|KwaZulu, KwaNdebele and | | |KaNgwane | | | Act No. 30
of
|Medical, Allied and |In so far as it |The territory of the
1976 |Supplementary Pro- |concerns the |Republic
of Transkei
(Transkei) |fessions Act, 1976 |pharmaceutical | |(Transkei)
|profession | | | | Act No. 36 of |Health
Laws |Sections 9,
10, |The territory of the 1977 |Amendment Act, |and 11
|Venda and the territories |1977 | |of
the former self- | |
|governing territories of | | |Lebowa, Gazankulu, Qwaqwa, |
| |KwaZulu, KwaNdebele and | |
|KaNgwane | | | Act No. 31 of
|Medical, Allied and |In so far as it |The territory of the
1978 |Supplementary Pro-
|concers the |former Republic of
(Transkei) |fessions Amend- |pharmaceutical |Transkei |ment
Act, 1978 |profession
| |(Transkei) | | | | | Act No. 20 of
|Pharmacy Amend- |The whole |The territory of the 1979 |ment
Act, 1979 |
|former Republic of Venda | | |and the
territories of the | | |former self-governing | |
|territories of Lebowa,
| | |Gazankulu, Qwaqwa, | |
|KwaZulu, KwaNdebele and | | |KaNgwane | | | Act No. 15 of
|Health Professions |In
so far as it |The territory of the
1982 |and Related Health |concerns the |Transkei (Transkei)
|Practices Amend-
|pharmaceutical | |ment Act, 1982
|profession | |(Transkei) | | | | | Act No. 22 of |Licences
Act, 1982 |Item 54
of |The territory of the 1982 (Ciskei)
|(Ciskei) |Schedule 1 |Ciskei | | | Act No. 39 of |Pharmacy
Amend- |The
whole |The territory of the 1982 |ment Act, 1982
| |former self-governing | | |territory of KaNgwane | | |
Act
No. 15 of |General Law |In so far as it |The territory
of the 1983 |Amendment Act, |concerns the |Transkei
(Transkei)
|1983 (Transkei) |pharmaceutical | | |profession
| | | | Act No. 20 of |Pharmacy Amend- |The whole |The
territory
of the 1983 |ment Act, 1983 | |former
self-governing | | |territory of KaNgwane | | | Act No. 24
of |Pharmacy Amend-
|The whole |The territory of the 1983
(Venda) |ment Act, 1983 | |former Republic of | | |Venda | |
| Act No. 36
of |Health Professions |In so far as it |The
territory of the 1984 (Ciskei) |and Related Health |concerns
the |Republic
of Ciskei |Practices Act, 1984 |pharmaceutical
| |(Ciskei) |profession | | | | Act No. 25 of |Health Laws
|In so
far as it |The territory of the 1985 |Amendment Act,
|concerns the |Transkei (Transkei) |1985 (Transkei)
|pharmaceutical
| | |profession | | | | Act No. 33 of
|Health and Related |In so far as it |The territory of the
1985(Bophutha-|Professions
Act, |concerns the |former
Republic of tswana) |1985 (Bophutha- |pharmaceutical
|Bophuthatswana |tswana) |profession
| | | | Act No. 14 of
|Medical, Allied and |In so far as it |The territory of the
1987 |Supplementary Pro- |concerns
the |former Republic of
(Transkei) |fessions Amend- |pharmaceutical |Transkei |ment
Act, 1987 |profession | |(Transkei)
| | |
