The Public Health Bill, 1999

PART II: ADMINISTRATION

Functions of the Ministry

4. (1) The Minister shall be the overall head of the Ministry, responsible to the Government and the people of Swaziland and further responsible for and to this Act (2)The functions of the Ministry shall, subject to the provision of this Act, include -

(a) the prevention and guarding against the introduction of diseases into the country;

(b) the prevention, limitation and suppression of infectious, contagious and other diseases within the country;

(c) the promotion of public health and ensuring that every person has access to public health education, literature, knowledge, information, counselling, facilities and other such like amenities;

(d) ensuring the equitable provision of facilities for early diagnosis and prompt treatment of diseases in order to limit disability and loss of life;

(e) the application of measures to habilitate any person incapacitated by disease, injury or by any physical or mental defect;

(f) the promotion of personal health, environmental health, infant nutrition and oral health;

(g) the promotion and the carrying out of research and investigation in respect of the prevention, control and treatment of diseases;

(h) advising, assessing and directing urban and rural persons or bodies, involved in matters affecting public health or in respect of matters affecting public health;

(i) the liaising with the international community and agencies on disease control, suppression, eradication and on other matters respecting public health;

(j) establishing or appointing advisory boards or bodies, advisors and committees or similar bodies to assist the Minister in matters respecting public health; and

(k) generally, to administer and put into effect the provisions of this Act.

(3) The Minister may make regulations, orders or notices, published in the Gazette, to give effect to the purposes of this Part, or to regulate anything which the Minister may lawfully regulate under this Part for the purposes of this Act.

Establishment of the Public Health Advisory Board

5. (1) There is established, for purposes of this Act, a body to be known as the Public Health Advisory Board which shall consist of the following members who shall be appointed by the Minister and each member's term of appointment shall not exceed a period of four (4) years and each member may be reappointed subject to good behaviour, age, capability, expertise and professionalism -

(a) a Chairman who may or may not be a medical practitioner and who shall preside over the meetings of the Board;

(b) a Deputy Chairman who may or may not be a medical practitioner and who shall preside over the meetings of the Board in the absence of the Chairman;

(c) a Secretary to the Board who shall be an official from the Ministry;

(d) two members who shall be registered environmental health officers, representing environmental health workers;

(e) two members, representing the Medical and Dental Association of Swaziland or such similar body;

(f) one member who shall be a registered nurse or midwife representing nurses;

(g) one member, representing the Urban Government or Local Authority, as the case may be;

(h) one member, representing such bodies performing the functions of medical aid societies, if any;

(i) one member, who shall be a registered pharmaceutical chemist, representing pharmacists;

(j) one member, representing missionary bodies or such similar bodies carrying out public health activities;

(k) two members, one representing the Red Cross Society and the other representing the Nutrition Council;

(l) Notwithstanding paragraph (e), one member who shall be a dental surgeon, representing registered dentists;

(m) two members, one representing employers federation and the other representing employees federation;

(n) one member representing a consumer association or such similar body;

(o) one member, representing the Traditional Healers Association or such traditional healers;

(p) one member, representing a women's association or women engaged significantly in public health;

(q) one member who is a veterinary surgeon, representing veterinary surgeons and meat inspector;

(r) two members from the non-government organisations engaged significantly in public health or palliative services; and

(s) such additional members, not exceeding four as the Minister may appoint.

(2) The Principal Secretary for the Ministry shall be ex-officio member of the Board.

(3) The Board shall make its own rules of procedure including the formation of a quorum but it shall hold not less than four meetings in one calendar year.

(4) The Minister may, before appointing the members of the Board, call upon any person or body of persons entitled to be represented to nominate suitable candidates for appointment and failure of such person or body or persons to present a nominee, for whatever reason, the Ministers shall appoint any suitable person who may be appointed under this section.

(5) Notwithstanding subsection (4), the Minister may appoint to the Board a person who has not been nominated by any person or body of persons and may decline to appoint any person so nominated and in that occurrence the Minister shall give reasons if so required by the person or body of persons who made the nomination and no civil suit for damages or costs will lie against the Minister for anything done or not done under this section.

(6) A member of the Board shall cease to be a member where that member -

(i) dies;
(ii) is charged with, rape, sodomy, incest, under the Girls and Women Protection Act, 1920, or of indecent assault or of abduction;
(iii) intentionally infects another person with an incurable disease or infectious disease;
(iv) is charged with theft from medical stores or receiving stolen medical stores knowing them to be stolen or such conspiracy;
(v) tenders that member's resignation letter to the Minister, giving a notice of not less than thirty days of such intention provided that such action, if the member is a public employee, does not conflict with that member's contract of employment;
(vi) is imprisoned for a period not less than three months;
(vii) suffers a disability rendering the member incapable to continue as a member;
(viii) is absent in three consecutive meetings without an reasonable excuse to the Board or Minister or ceases to represent the interests of the nominating person or bodies;
(ix) is convicted under the Pharmacy Act, the Opium and Habit-forming Drugs Act or their successors, or is convicted for possession or trafficking in illicit or prohibited drugs;
(x) is removed from the Board by the Minister who may for national interest or for proper management of this Act, revoke the appointment of any member; or
(xi) is charged or convicted of any other offence the Minister may specify by notice published in the Gazette.

(7) The Minister may appoint any person appointable under this Act in place of a member whose membership to the Board has ceased, with or without prior nominations for such period as the Minister feels it is necessary but not exceeding four years.

(8) The first meeting of the Board shall be held at a place and time determined by the Minister and subsequent meetings shall be held at a place and time determined by the Chairman or the Board.

(9) The Minister may direct the Board to hold a meeting if the Minister so requires and the Board shall comply.

(10) The Board shall compile and deliver to the Minister an Annual Report within three months after the expiration of each calendar year and the Board may make other reports to the Minister as the Board feels appropriate and necessary or as often as the Minister requires or as the Minister ought, for purposes of this Act, have a report.

Functions of the Public Health Advisory Board

6. (1) The Board shall advise the Minister on all matters respecting to public health in the country.

(2) The Board may establish committees or such other bodies and the Board shall determine the procedure and functions and the manner in which persons with special knowledge or skills may be co-opted to serve on such committees or bodies and the Board shall inform, and where appropriate, seek the approval of the Minister when carrying out its functions.

(3) The Minister may, for purposes and objectives of this Act, appoint persons with special knowledge or skills to committees or bodies as may be established by the Board.

(4) The Board or such committee or body as established by the Board shall have the power to conduct an inquiry into any matter relating to public health on its own initiative or as directed by the Minister and the provisions of the Commissions of Enquiry Act, 1963 or its successor shall apply to the Board and such committees and in respect of the enquiry so instituted.

(5) The Minister may stop an enquiry instituted by the Board or by a committee subject to full disclosure, to the Board, the committee and the public, of the reasons for such decision to stop the enquiry and in this respect every member of the public shall have an enforceable right to the reasons.

(6) The Board or committee shall, in terms of subsection (4) diligently make a full and impartial inquiry into any matter it is enquiring into and the Board or committee shall immediately furnish the Minister with a report which shall include recommendations in accordance with the findings of the enquiry.

(7) The Minister may compel the Board or any such committee to make and deliver the report by instituting a court process through the High Court notwithstanding that the enquiry was not ordered by the Minister.

(8) The Minister shall ensure that the Board shall at all times remain functional and carries on its duties in a professional manner.

(9) The Minister in consultation with the Minister for Finance shall determine allowances or fees, if any, payable to the members of the Board and the committees.

The Establishment of Hospital Advisory Committees and Health Committees

7. (1) The Minister may, for the purpose of this Act, establish any number of committees, each, to be known as Hospital Advisory Committee, in the case of a hospital and Health Committee, in the case of a health centre, clinic or similar institution.

(2) The Minister may make regulations in respect to the composition, terms of reference and rules of procedure for the committees established under this section.

Appointment and duties of Director of Health Services and Deputy

8. (1) The Civil Service Board, or its successor, in consultation with the Minister, shall appoint the Director of Health Services who shall be answerable, administratively, to both the Minister and the Principal Secretary in the performance of the duties of the Director of Health Services.

(2) The duties of the Director of Health Services shall include -

(a) coordination, supervision and directing the technical health issues of the public health;

(b) advising the Minister and the Principal Secretary on the recruitment and appointment of public health officers and other technical health officers;

(c) advising the Minister and the Principal Secretary on administrative, health planning and technical planning;

(d) advising the Ministry on all issues pertaining to public health;

(e) approving the recruitment or appointment of certain public health officers or practitioners, including veterinary surgeons employed under the Ministry if any, and the educational qualifications relating thereto;

(f) advising any person requiring advise on issues pertaining to public health; and

(g) any other duties that may be given from time to time by the Minister, Principal Secretary, legislation or other authorities.

(3) The Director of Health Services shall, in carrying out the functions or duties specified in this Act, or elsewhere be assisted by a Deputy Director of Health Services who may act as the Director of Health Services in the absence of the Director and who, notwithstanding that the Deputy Director is subordinate to the Director, may lawfully carry out the functions of the Director in cases of emergency requiring immediate action and the Director is not available.

(4) The Director of Health Services or such other authority may from time to time assign or delegate some of the duties of the Director to the Deputy Director of Health Services.

(5) In case of conflict and misunderstanding about the best cause of action, the Director of Health Services shall have the final order and immediately thereafter, the Director or the Deputy Director shall refer the matter or issues not agreed upon to the Principal Secretary or the Minister or to both or to any other person agreed upon who may be competent to solve the matter or the issues in dispute.

(6) No person shall be appointed Director or Deputy Director of Health Services unless that person -

(a) is fully qualified for registration as a medical practitioner or medical officer under the law relating to the registration of medical practitioners or officers or is licensed under the foregoing law to practice as a medical practitioner or officer; and

(b) holds a post-graduate qualification in public health which qualification is registrable in Swaziland.

Appointment of other public health officers

9. (1) The Minister, subject to the law relating to the appointment and recruitment of public officers, shall, for the purposes of implementing the provisions of this Act, recruit and appoint other public health officers who shall be, medical health officers, dental officers, psychiatrists, environmental health officers, pharmacist, nurses, laboratory technologists and other health officers as are required for the proper management of public health in Swaziland.

(2) The Ministry may appoint or cause to be appointed medical officers who shall be in charge of curative services in a hospital, health centre or clinic and such officers shall at least hold first degrees in medicine and who shall be answerable to the Director of Health Services, subject to the law relating to the employment of public servants.

(3) The Minister may appoint or cause to be appointed a Chief Pharmacist who shall at least hold a degree in Pharmacology and who shall be answerable to the Director of Health Services and the duties of the Chief Pharmacist shall include -

(a) advising the Director of Health Services on all pharmaceuticals including vaccines;

(b) the control and monitoring of the importation, distribution, registration and use of drugs;

(c) the ensuring that imported drugs into the country are of the required and appropriate standard and quality;

(d) the implementation and enforcement of any pharmaceutical legislation;

(e) advising on the appropriate curriculum and educational qualification requirements for pharmacists;

(f) advising on the appointment of pharmacists to Government or to any person who requires such advices;

(g) the supervision of the Drug Registration and Control Authority which shall have as its head the Registrar of Drugs and who shall be answerable to the Chief Pharmacist; and

(h) advising on an opposing the issue of permits or licenses to persons operating or processing or intending to establish pharmacies, drugs, drugs selling premises or business or the selling or pharmaceuticals.

(4) The Minister may appoint or cause to be appointed a chief or a principal environmental health officer who shall at least hold a degree but preferably a post-graduate qualification in environmental health sciences and who shall be answerable to the Director of Health Services and the duties of the officer shall include -

(a) advising the Director of Health Services on all technical issues pertaining to environmental health services and activities;

(b) advising the Director of Health Services on the recruitment and appointment of environmental health officers;

(c) the implementation and enforcement of environmental health legislation and the improvement of such legislation;

(d) the setting up of appropriate standards on food management (storage, transportation, preservation and marketing), drinking water, trading premises, public buildings and other buildings, levels of pollution, and other standards as the officer may see fit;

(e) advising on the appropriate curriculum and educational qualification requirements for environmental health officers;

(f) advising on the levels of appointments of environmental health officers; and

(g) generally, on the up keep and proper management of the health environment.

(5) The Minister may appoint or cause to be appointed a chief nursing officer who shall at least hold a degree in nursing with midwifery and who shall be answerable to the Director of Health Services and the duties of the chief nursing officer shall include -

(a) advising the Director of Health Services on all technical and occupational (professional) issues pertaining to the nursing services;

(b) implementing and enforcing nursing legislation;

(c) advising on the revision and updating of the nursing curriculum and educational qualification requirements for nurses and midwives;

(d) liaisoning with the University of Swaziland on issues pertaining to nursing education;

(e) advising on the levels of appointments of nurses and the career structure;

(f) setting up and ensuring the implementation of nursing standards and ethics and career structure; and

(g) generally advising on the nursing service.

(6) The Minister may appoint a chief psychiatrist who shall at least hold a first degree in medicine and a post-graduate qualification in psychiatry and who shall be answerable to the Director of Health Services and whose duties shall include -

(a) advising the Director of Health Services on all mental health care services;

(b) advising the Director of Health Services on recruitment and appointment of suitable technical personnel for the mental health care services;

(c) the implementation and enforcement of the mental health care legislation;

(d) being responsible, in-charge of and supervising all mental health care institutions in Swaziland;

(e) the administration of Mental Health Care and Management of mental health patients;

(f) monitoring and assessment of mental health patients including such patients as may be referred by the courts or any other person so authorised; and

(g) generally, doing whatever may be done lawfully for the mental health care service.

(7) The Minister may appoint or cause to be appointed a chief or principal laboratory technologist who shall at least hold a degree in laboratory sciences and who shall be answerable to the Director of Health Services and duties of the chief laboratory technologist shall include -

(a) advising the Director of Health Services on technical and professional issues pertaining to laboratory services or activities and related research;

(b) the responsibility over laboratory management; and

(c) the ensuring of maintenance of standards as may be set by the Minister respecting laboratory services and management.

Duties of the Minister in respect to public health officers

10. (1) The Minister shall, before the appointment of any public health officer, furnish the body responsible for the recruitmental appointment of public health personnel with a specific job description of any officer sought to be appointed and the Civil Service Board shall notify the public by advertising the existence of such post.

(2) The Minister may, as when the Minister thinks necessary, review and restructure the duties of public health officers and for purposes of informing members of the public respecting the restructured or reviewed responsibilities, the Minister shall publish the restructured or reviewed responsibilities by notice published in the Government Gazette.

(3) The Minister may, as when the Minister thinks necessary, review and restructure the functional structures of the Ministry in order to give force and effect to the functions and responsibilities of the public health officers and the members of the public shall be notified of the changes by notice published in the Government Gazette.

Local authorities to appoint public health officers

11. (1) A local authority may appoint a public health officer, with an appropriate designation, who shall be in charge of all public health matters within the jurisdiction of that local authority.

(2) The public health officer mentioned in subsection (1) shall not be appointed, unless -

(a) that person is approved by the Minister after the Minister is satisfied that that person has the required educational qualifications and is a fit and proper person for the office; and

(b) that person holds an appropriate degree in public health and a post-graduate qualification in public health each registrable under the laws of Swaziland.

(3) A local authority may, and shall when required by the Minister after the Minister has consulted with the Minister responsible for local authorities, appoint one or more competent and educationally qualified environmental health officer to carry out the provisions of this Act within the local authority's jurisdiction and such officer or officers shall be answerable to the public health officer appointed under subsection (1).

(4) No person, under this section, shall be appointed an environmental health officer unless that person holds an educational qualification, registrable under the laws of Swaziland, in environmental health sciences.

(5) A local authority may appoint, subject to the provisions of this section, other health officers as it finds necessary for the purposes of this Act.

Duties of the officer in charge of health services in a local authority

12. (1) The public health officer in charge of health services in a local authority, who is appointed under section 11, shall -

(a) at all times, while holding office, ensure that, is conversant, informed and is aware of all the issues and activities pertaining to the public health and sanitary circumstances or situations under that officer's jurisdiction;

(b) carry out or cause to be carried out inspections and inquiries as may be necessary for the purposes of this Act;

(c) furnish the local authority with all the information in respect to such inspections and inquiries;

(d) furnish such information and special reports, as may be produced from the inspections and inquiries, to the Director of Health Services;

(e) act as a liaison officer with the Director of Health Services in respect to public health; and (f) carry out orders, as may from time to time, be given by the Director of Health Services which may lawfully be given under this Act.

(2) The Director of Health Services shall create sound communication structures between the Ministry and local authorities, in respect of public health issues, to ensure that there is a sound flow of information between the Ministry and a local authority. Government public health officers in areas with no local authorities 13. Notwithstanding the fact that Government public health officers may exercise jurisdiction over the whole of Swaziland, it is specially provided in this section that -

(i) regional public health officers shall be public health officers for areas that have no local authorities; and

(ii) regional public health officers shall carry out the duties specified in section 12(1).

Local authorities failing to appoint public health officers

14. (1) If a local authority fails to appoint an officer permitted by section 11 to be appointed, the Minister may, after the expiration of six months from the date the Minister requested or directed the local authority to appoint such an officer, appoint such officer for the local authority.

(2) The Minister may conclude the remuneration package to be paid to such officer with the officer and the local authority shall pay the remuneration to the officer as concluded between the Minister and the officer.

(3) The power conferred by subsection (2) on the Minister shall not include the power to act unreasonably.

(4) In the event the local authority fails, for any reason whatsoever, to pay that officer's remuneration the Minister may direct that it shall be paid from the Consolidated Fund and recovered by deduction from any subsidy, rents, rates, or any monies due to that local authority.

(5) In appointing health officers in terms of section 14, the Minister may appoint any person who has the required qualifications, including a civil servant, on such terms and conditions as the Minister may think appropriate.

(6) Notwithstanding any provision of this Act, an appointment made by the Minister under section 14 may be for any period of time but at no account shall it exceed a period of twelve months per an appointment.

(7) In the event the Minister appoints a civil servant in terms of section 14, that civil servant shall remain a civil servant for purposes of seniority, resumption of office held before secondment or appointment and for other benefits notwithstanding the fact that the salary of that civil servant is due from the local authority.

Removal of certain public health officers

15. (1) Where an appointment of a public health officer, under this Act, requires the approval of the Minister the termination of that appointment without the approval of the Minister shall be unlawful, except where -

(i) the officer voluntarily resigns;

(ii) the officer reaches the retirement age;

(iii) the contract of employment has expired;

(iv) the officer suffers a certifiable disability of mind or body (mental or physical);

(v) the officer waives in writing the Minister's approval; or

(vi) the case of the officer is one governed by the law relating to disciplinary measures for convicted public officers or such other law respecting to the discipline for misconduct of employees.

(2) The Minister shall not unreasonably withhold the Minister's approval or consent and any person aggrieved by the Minister's action may seek redress from the Industrial Court.

(3) A local authority, notwithstanding subsection (1), may suspend such officer from duty, whilst the Minister's approval is being sought or where the Minister has yet not responded, in cases of incapacity, neglect or misconduct.

(4) The Minister's approval shall have a retrospective effect for dismissal, that is, the dismissal shall be on the date the suspension was effected while the Minister's refusal shall not have a retrospective effect and no civil liability shall lie to the local authority or any person.

Duties of local authorities

16. A Local Authority shall take all lawful and necessary precaution and action for the -

(i) prevention of an occurrence;

(ii) dealing or fighting an outbreak; or

(iii) prevalence,

of an infectious or communicable or contagious disease and shall exercise the powers and duties conferred or imposed on it by this Act or any other enactment.

Establishment of health committees and communication mechanism in local authorities

17. (1) A local authority shall establish a committee to be known as the Health Committee for the better administration of the duties imposed upon the Local Authority, generally by this Act and specially by section 16.

(2) In addition to subsection (1) -

(i) the Ministry together with one or more local authorities; or

(ii) two or more local authorities,

may join to establish one health committee such as the health committee mentioned in subsection (1).

(3) The Minister, when so requested by the parties concerned, may permit in the event one or two local authorities is or are too small or only one is too small to have a health committee mentioned in subsection (1) to have a health committee as mentioned in subsection (2) only.

(4) The Minister may, after consultation with a local authority or authorities, make regulations to give force and effect to the provisions of this section and the regulations may provide for all or any or the following -

(a) the membership of a health committee;

(b) the number of persons to be members;

(c) the method of appointing members under subsections (1) and (2);

(d) the power of a health committee to co-opt a person, with special knowledge or skill, to serve on the committee;

(e) the method of financing the activities of a health committee; and

(f) the powers of a health committee.

Defaulting local authorities

18. (1) On receipt of a report from the Director of Health Services to the effect that in an area under the jurisdiction of a local authority the public health or services are in danger of collapsing or disintegrating due to the failure or refusal on the part of that local authority to exercise the powers or perform the duties devolving upon it under this Act or due to its failure to take lawful and necessary steps to obtain powers to deal with the danger, the Minister may alone or in consultation with any other person or ministry, set up an enquiry into the matter and the local authority shall give a full account of any event or circumstances as may be required.

(2) At the close of the enquiry, the Minister shall have the following powers -

(a) to call upon that local authority to forthwith exercise the existing or additional powers to properly perform its duties; and

(b) to exercise such powers and perform such duties in the event the local authority fails to comply with an order issued under paragraph (a); or

(c) authorise any other person to exercise the powers and perform the duties in the same manner as if that person was a local authority; and

(d) to apply reasonable disciplinary measures against the local authority. (3) Any expenditure incurred by Government under subsection (1) or (2) shall be for the account of that local authority and shall be due whenever it is called up.

(4) In the event the local authority fails to settle the amount of the expenditure the Government may recover the money owed to it by -

(a) civil proceedings in the High Court; or

(b) deducting the money owed to it from any subsidy, grant, rates or any other money due to that local authority without any court process.