The Public Health Bill, 1999

PART I: PRELIMINARY

Short title and commencement

1. (1) This Act may be cited as the Public Health Act, 1999 and shall come into force on the date of publication.

Application

2. (1) This Act shall apply to and is binding to every person, body, institution and the Government.

(2) Any person, entitled under this Act, to a benefit or believing is owed a duty from any other person, body, institution or Government may, if that benefit or duty is denied or is unreasonably withheld, seek redress through a court process through a competent Court.

(3) The Minister, court, or any other person, implementing or interpreting a provision of this Act shall ensure that the purposes and objectives of this Act are not defeated or compromised, being the provision of preventive, promotive, rehabilitative, and curative health services and the promotion of public health and a healthy environment safe for all.

(4) The Minister, for purposes of this Act and for its effectiveness, shall designate certain persons, bodies, organizations and other authorities or social structures including traditional structures to be local authorities, by notice published in the Gazette.

(5) Subsequent to subsection (4) in addition to such designation the Minister shall further specify, delegate or order functions and duties for each or class of local authority, meaning which Parts or sections of this Act shall apply to that local authority.

(6) The Minister may make regulations, published in the Gazette, to facilitate the purposes and objectives of this Act and a local authority, and may establish communication systems, structures and committees for that purpose.

Interpretation

3. In this Act, unless the context otherwise requires -

"approved veterinary surgeon" means a veterinary surgeon approved by the Director of Veterinary Services or by the Director of Health Services as is provided in section 8;

"building" includes any structure whatsoever for whatever purpose used;

"burial" means burial in earth, internment or any other form of sepulture, or the cremation or any other normally accepted mode of disposal of a dead body;

"child" means a person under the age of sixteen years;

"dwelling" means any house, room, shed, hut, cave, tent, vehicle, caravan, remains of a structure or any other structure or place whatsoever, any portion used by a human being for residing or sleeping or in which any human being uses for dwelling;

"food" or "article of food" includes any animal product, fish, fruit, vegetables, dairy produce, milk, milk product, condiments, confectionary, beverages and any other thing or article whatsoever, other than drugs, in any form, state or stage of preparation which is intended or ordinarily used for human consumption;

"health practitioner" includes a medical practitioner, medical officer, environmental health officer and nurse;

"infected" means suffering from, or in the incubation stage of, or contaminated with the infection of any infectious or communicable disease;

"infectious disease" means a disease specified as such by this Act or by the Minister as provided in this Act;

"isolated" means the segregation, and the separation from and interdiction of communication with others, of persons who are or are suspected of being infected;

"land" includes any right over or in respect of land;

"local authority" means -

(a) a municipal council, city council or town council;
(b) a town board; or
(c) any other body or authority or traditional structures;

designated as such in terms of this Act by the Minister;

"medical observation" means the segregation and detention of persons under medical observation;

"medical officer" means a medical practitioner in the service of the Government;

"medical practitioner" means a person who is registered as such under any law relating to the registration of medical practitioners and, for purposes of this Act, not in the service of the Government;

"medical surveillance" means the keeping of a person under medical supervision and persons under such surveillance may be required by a health practitioner or local authority or any other authorised person to remain within a specified area or to attend for medical examination at specified places and times;

"Minister" means the Minister responsible for public health;

"Ministry" means the Ministry responsible for public health;

"notifiable", in relation to any disease, means required to be notified to any person or authority in terms of this Act;

"occupier" in relation to any premises, means -

(a) any person in occupation of those premises;
(b) any person legally entitled to occupy those premises; or
(c) any person having the charge or management of those premises;

and includes the agent of any person when such person is absent from Swaziland or the whereabouts of such person are unknown and in the case of premises used as a school or similar institutions, the expression "occupier" includes the headteacher or person in charge of such school or similar institutions;

"officer" includes an employee of a city or town council or town board; "premises" means any building or place or tent, together with the land on which the same is situated and the adjoining land used in connection therewith, and includes any vehicle, conveyance or space;

"public building or place" means -

(a) any church, chapel, meeting - house or premises used for divine worship;
(b) any theatre, opera - house, hall, exhibition buildings or premises open to members of the public, whether with or without payment;
(c) any hotel or boarding house, hostel, lodging house or any sleeping accommodation open to the public;
(d) any hospital, school or institution; or
(e) any place the Minister may in terms of this Act declare to be a public building or place; and

"owner" in relation to any premises, means -

(a) the person in whose name the title to those premises is registered and includes the holder for value of such a title deed;
(b) if such a person or holder is dead, insolvent, mentally disordered or defective or a minor or under any legal disability, the person in whom the administration of that person's or holder's estate is vested, whether as executor, guardian or in any other capacity whatsoever; or
(c) if the premises are under lease, the registration whereof is in law necessary for the validity of such lease, the lessee; and
(d) where an owner, as defined in this section, is absent from Swaziland or the owner's whereabouts are unknown, the expression "owner" includes an agent of such owner or any person receiving or entitled to receive rent in respect of the premises.