The Public Health Bill, 1999
This is a draft Public Health Bill and is is a working document and not a formal document. As such it should not be interpreted as the policy of the Government of Swaziland until it has been finally agreed and adopted by Cabinet and His Majesty as national legislation.
To be presented by the Ministry for Health and Social Welfare
MEMORANDUM OF OBJECT AND REASONS
The object of this Bill is to improve the health status of the Swazi people and any other persons in the country by -
(a) providing preventive, rehabilitative and curative health services which are relevant and accessible to all;
(b) the provision of the promotion of public health within the country and in this regard to provide for measures directed on preventing, suppressing and treating diseases and conditions as well as maintaining a healthy environment that is safe for human habitation and other forms of life;
(c) providing enabling provisions for establishing facilitative structures in the form of advisory and health committees;
(d) defining duties and responsibilities of health personnel in Government, organizations, or bodies and the relationship thereto;
(e) providing for International Health Regulations, Health Conventions and Health Protocols;
(f) repealing the Public Health Act, No. 5 of 1969; and
(g) providing for other matters connected with the provision and administration of public health.
M. DWAMENA
ACTING ATTORNEY-GENERAL
A BILL entitled
An Act to provide for the preventive, promotive, curative, palliative and rehabilitative and health services and the promotion of public health and a health environment safe for habilitation for all in the country.
ENACTED by the King and Parliament of Swaziland.
Arrangement of Sections
1. Short title and commencement
2. Application
3. Interpretation
4. Functions of the Ministry
5. Establishment of the Public Health Advisory Board
6. Functions of the Public Health Advisory Board
7. The Establishment of Hospital Advisory Committees and Health Committees
8. Appointment and duties of Director of Health Services and Deputy
9. Appointment of other public health Officers
10. Duties of the Minister in respect to public health officers
11. Local authorities to appoint public health officers
12. Duties of the officer in charge of health services in a local authority
13. Government public health officers in areas with no local authorities
14. Local authorities failing to appoint public health officers
15. Removal of certain public health officers
16. Duties of local authorities
17. Establishment of health committees and communication mechanism in local authorities
18. Defaulting local authorities
PART III: PREVENTION AND SUPPRESSION OF COMMUNICABLE DISEASES
19. Notifiable diseases
20. Notification of diseases
21. Notification by a medical practitioner
22. Local authorities and other bodies to transmit returns of notification
23. Caution against negligent notification and reporting
24. Regulations on the notification of diseases
25. Inspections of infected premises and examination of persons suspected to be suffering from infectious diseases
26. Provision of isolation facilities, mortuaries, disinfecting facilities and ambulances by local authorities and Government
27. Removal to hospital of infected persons
28. Measures to be adopted by a local authority in case of infectious diseases
29 Powers of the Ministry and local authority to order, investigate or carry out disinfection
30. Exposure of infected persons and articles
31. Conveyance of infected persons
32. Prohibition of evacuation or letting of infected premises
33. Removal of bodies of persons who died of infectious diseases
34. Powers respecting the burial and disposal of bodies of persons who died of infectious diseases
35. Provision of cemeteries
36. Powers of Minister to make orders and notices regarding infectious diseases
37. Regulations regarding infectious diseases. 38. Diseases subject to International Health Regulations
39. Notification of suspected cases of diseases subject to International Health Regulations
40. Reporting of diseases subject to International Health Regulations by facsimile or any other fastest means
41. Powers of Minister where local authority fails to deal adequately with diseases subject to International Health Regulations
42. Notification of sickness or mortality in animals due to zoonosis diseases
43. Powers of Minister and local authorities to requisition buildings, equipment, vehicles and other articles to suppress disease outbreaks
44. Appointment of an epidemic committee or task force
45. Advances to local authorities and other bodies
46. Protection of Government property
47. Refunds to a local authority and other bodies
48. Regulations regarding diseases subject to International Health Regulations
49. Offences and penalties
50. Mentally disordered persons
51. Duties of the Chief Psychiatrist
52. Establishment of mental health institutions
53. Detention in hospital of mental patients
54. Rights of mental patients
55. Assessment of medically suspected mental patients standing trial in the courts of law
56. Power of the Minister to make orders and regulations
57. Offences and penalties
PART V: SEXUALLY TRANSMITTED INFECTIONS
58. Sexually transmitted infections
59. Duties of health practitioners
60. Transmission of infection an offence
61. Detention, treatment of sentenced infected persons
62. Certain infected persons may not be detained
63. Examination of females by female health practitioners
64. Other rights of detained persons under this Part
65. Proceedings to be in camera and reports not to be published
66. Prohibition on publication of advertisements of cures
67 Provision of facilities of diagnosis and treatment of sexually transmitted diseases
68. Protection of boy-child, girl-child and woman from forced or coerced sex
69. Regulations respecting sexually transmitted infections and diseases
PART VI: INTERNATIONAL HEALTH REGULATIONS, HEALTH CONVENTIONS AND HEALTH PROTOCOLS
70. Enactment of International Health Regulations and Protocols
71. Powers to apply International Health Regulations, Conventions and Protocols
72. Regulations
PART VII: IMMUNIZATION AGAINST SPECIFIED DISEASES
73. Specified diseases
74. Immunization of persons
75. Persons to carry out immunizations
76. Charges for immunization against specified diseases
77. Evidence of immunization before admission to learning institutions
78. Emergency immunization of population at risk of specified diseases
79. Regulations
80. Offences and penalties
81. Collective responsibility to provide clean and healthy water
82. Duties of other responsible authorities to furnish clean and healthy water
83. Water works not to be commenced until approved
84. Health opportunities impact assessment on water resources development
85. Water supply systems to be maintained in good repair
86. Powers to inspect water works, waste treatment works or facilities to monitor effluent quality
87. Waste water management
88. Regulations
89. Offences and penalties
PART IX: FOOD SUPPLIES AND FOOD HYGIENE
90. Duties of a local authority and other persons
91. Duties of environmental health officers
92. Inspection and licensing of milk dairies
93. Unwholesome, diseased or contaminated food
94. Power to inspect food, articles and premises
95. Closure of food premises for clean-up or repairs
96. Hygiene for food handlers
97. Control of street food vending
98. Regulations
99. Offences and penalties
100. Infant to be nourished
101. Breastfeeding of infants
102. Regulations in respect infant nutrition
103. Offences and penalties
PART XI: SLAUGHTER HOUSES AND MEAT HYGIENE SLAUGHTER-HOUSES
104. Definition of a slaughter house
105. Local authorities to license slaughter houses
106. A local authority may refuse the grant of a licence or permit
107. Licence required for the use of premises as a slaughter house
108. Cancellation of a licence
109. Prohibition against sale of meat not slaughtered in a slaughter house
110. Inspection of meat
111. Seizure, condemnation and destruction of meat
112. Conveyance of meat in approved closed vehicles
113. Closure of meat shop for cleansing and monitor repairs
114. Regulations
115. Offences and penalties
PART XII: CONTROL OF HAZARDOUS SUBSTANCES, RADIO-ACTIVE AND TOXIC WASTES
116. Control of hazardous substances, radioactive and toxic wastes
117. Establishment of the hazardous substances control authority
118. Functions of the authority
119. Conditions of office of members
120. Inspectors and environmental health officers
121. Powers of inspectors and environmental health officers
122. Analysis of samples
123. Inspection and licensing of premises dealing with hazardous substances
124. Other offences
125. Restricted use and protection of persons handling radio-active substances or materials
126. Regulations
127. Offences and penalties
PART XIII: NUISANCE, SANITATION, DWELLINGS , PUBLIC AND OTHER BUILDINGS
128. Interpretation
129. Nuisance prohibited
130. Duties of local authorities to maintain cleanliness and prevent nuisance
131. Duty of local authorities to prevent or remedy danger to health arising from unsuitable dwellings
132. What constitutes a nuisance. 133. Notice to remove nuisance
134. Procedure in case owner fails to comply with notice
135. Offence and penalties regarding to nuisance
136. Court may order local authority to execute works in certain cases
137. Power of sale
138. Persons jointly responsible for nuisance may be proceeded against
139. Rights of members of the public to complain against nuisance
140. Examination of premises
141. Demolition of unfit buildings
142. Saving as to other legislation relating to nuisances
143. Cost of execution of provisions relating to nuisances
144. Buildings used for storage of food
145. Rooms used for storage food
146. Powers of entry and inspection, etc.
147. Special powers of medical officer of health
148. Other duties of local authority
149. Prohibitions
150. Regulations and orders
151. Offences and penalties
PART XIV: PUBLIC HEALTH REQUIREMENTS RESPECTING TRADE PREMISES
152. Interpretation of trade premises
153. Powers of the Minister
154. General health requirements of trade premises
155. Inspection of trade premises
156. Closure of premises violating this Act or regulations
157. Regulations
158. Offences and penalties
PART XV: OCCUPATIONAL SAFETY AND HEALTH
159. Policy, regulations, orders and directives
160. Collaboration between the Ministry and other ministries
161. Establishment of an occupational experts committees
162. Regulations
163. Discipline
164. Offences and penalties
165. Powers of entry and inspection and penalties for obstruction
166. Protection of officers and other persons
167. Protection of the Government, local authorities and other persons
168. Establishment of public laboratories
169. Reciprocal notification and consultation between ministries
170. Collaboration and liaison with other sector agencies on public health issues
171. Rights of persons to recover for damages suffered
172. Fraudulent conduct respecting certificates specified under this Act
173. Powers of a local authority to act outside its jurisdiction
174. Supremacy of this Act
175. The burden of proof in respect of knowledge of infection or disease
176. Defect in form not to invalidate
177. Service of notices
178. Prohibition of smoking of tobacco in certain public places
179. Prohibition of smoking tobacco and other acts by young persons
180. Protection of women and children
181. Protection for all
182. Regulations in respect of traditional healers and medicine
183. Appropriate facilities for the disabled persons
184. Regulations in respect of disasters
185. Regulations
186. Penalties where not expressly provided
187. Transitional provisions
188. Repeal
This page was last updated on 03 February 2004