The Public Health Bill, 1999

PART III: PREVENTION AND SUPPRESSION OF COMMUNICABLE DISEASES

Notifiable diseases

19. (1) For the purposes of this Act, the following diseases are notifiable diseases -

(a) Cholera;

(b) Plague;

(c) Relapsing Fever (Louse-borne);

(d) Yellow Fever;

(e) Acute food poisoning;

(f) Acute poliomyelitis;

(g) Anthrax;

(h) Diphtheria;

(i) Enteric fever (typhoid and paratyphoid);

(j) Leprosy;

(k) Malaria;

(l) Measles;

(m) Meningococcal meningitis;

(n) Rabies;

(o) Relapsing fever (tick-borne);

(p) Trachoma;

(q) Tuberculosis (pulmonary);

(r) Tuberculosis (other forms); and

(s) Whooping cough.

(2) The Minister may, by notice published in the Government Gazette, amend subsection (1).

Notification of diseases

20. (1) In respect of the diseases specified in section 19, the following persons -

(a) the headteacher or person in charge of a school, pre-school, orphanage or such similar institution; or

(b) the proprietor, manager or person in charge of the hotel, boarding house, prison, religious institution, traditional healers premises or such similar institution, shall in the event, or immediately is aware that -

(c) a child attending or any person working in the school, pre-school, orphanage or such similar institution, or

(d) a person residing, working, attending or visiting, for whatever purpose, in a hotel, boarding house, prison, religious institution, traditional healers premises or other similar institutions, is suffering or is suspected to be suffering from any of the diseases specified in section 19 notify, the local authority or the Director of Health Services or an environmental health officer or any other person who is a public health officer, of the suspicion and of the person so suspected.

(2) The person who is reporting the suspicion or awareness shall, if known to the reporting person, give details and address of the suspected person.

(3) A person who contravenes subsection (1) commits an offence, on conviction, shall be liable to a fine not exceeding two hundred Emalangeni and, in default of payment, to a term of imprisonment not exceeding one month or to both such fine and imprisonment.

(4) In a prosecution under this section, the onus shall be on the accused person to prove that such accused person was not aware that the suspected person may have been suffering from a notifiable disease.

Notification by a medical practitioner

21. (1) A medical practitioner or medical officer, who attends to a person suffering from a notifiable disease, shall immediately -

(a) furnish a written certificate to;

(i) a local authority of the area; or

(ii) an environmental health officer responsible for that area; and

(b) notify by any reasonable means,

(i) the head of the household;

(ii) the occupier of the premises;

(iii) the person attending to or nursing the patient; or

(iv) the person who attended or nursed the deceased,

of the notifiable disease or the nature of the notifiable disease.

(2) The medical practitioner or medical officer, in complying with the provisions of subsection (1), shall state in such notification and certificate -

(i) the name, age and sex of the patient or deceased;

(ii) the situation of the building, premises or house;

(iii) the notifiable disease; and

(iv) the place and location from where the patient or deceased came from in the case of an inmate of a hospital or institution.

(3) A medical practitioner or medical officer who fails to comply with or contravenes this section commits an offence, and is liable, on conviction to a fine not exceeding two thousand Emalangeni or to imprisonment for a term not exceeding two months.

(4) In a prosecution under this section, the onus shall be on the accused person to prove that such accused person was not aware that the patient is, or the deceased was, suffering from a notifiable disease.

Local authorities and other bodies to transmit returns of notifications

22. A local authority, mission hospital or private health institution shall at the end of each week, and on a form the Minister may prescribe, transmit to the nearest regional officer of the Ministry or to the Director of Health Services, as the case may be, particulars of all cases of notifiable diseases and all deaths from notifiable diseases for that week and such information relating to the outbreak and prevalence of notifiable diseases in that area.

Caution against negligent notification and reporting

23. Every person concerned in or involved in the notification or reporting of notifiable diseases shall exercise extreme care and strict caution and confidentiality when notifying or reporting and shall not unnecessarily, recklessly or negligently expose the patient's or deceased name but at the same time balancing the wider interest of the community and the purposes of this Act on the one hand and - on the other hand the rights of the patient or relatives of the deceased to confidentiality.

Regulations on the notification of diseases

24. (1) The Minister may, in respect to the notification of diseases, make regulations respecting to -

(a) the duties of owners or occupiers of land, owners or managers of mines, employers of labour, and all chiefs or headmen and others in regard to reporting the occurrence of such diseases, as may be prescribed in the regulations;

(b) the duties of medical practitioners or others in regard to reporting or notification of such diseases as may be prescribed in the regulations;

(c) the circumstances in which notifications of particular infectious diseases shall not be required;

(d) the duties of all local authorities and similar bodies in respect of keeping registers and records of such notifications;

(e) the duties of registrars of deaths in respect of furnishing the Ministry and local authorities with notifications or returns of deaths;

(f) the fees payable, if any, to medical practitioners in respect to notifications, and the circumstances in which fees may or may not be payable, the forms to be used and the particulars to be furnished by medical practitioners when making the notifications;

(g) the forms to be used by local authorities or mission hospital or private health institutions when transmitting returns and reports to the Ministry and generally for the better carrying out the provisions and attaining the objects and purposes of this Part.

(2) Any person who contravenes any of the provisions or such regulations commits an offence, liable on conviction to penalties contained in this Act or to such penalties that may be contained in the regulations.

Inspections of infected premises and examination of persons suspected to be suffering from infectious diseases

25. (1) A medical practitioner, medical officer, nurse, environmental health officer or any other person the Minister may authorise, may at a reasonable time, enter and inspect any premises where the medical practitioner, medical officer, nurse, environmental health officer or the person authorised by the Minister, has reason to believe that a person suffering from or recently suffered from an infectious disease is or has been in the premises.

(2) The medical practitioner, medical officer, nurse, environmental health officer or the person authorised by the Minister may medically examine or cause to be medically examined any person found in the premises in order to ascertain whether any person in the premises is suffering or has symptoms of an infectious disease.

(3) An officer or any person mentioned in this section responsible for making a medical examination shall take any appropriate and necessary steps in terms of this Act with a view of ratifying the situation.

Provision of isolation facilities, mortuaries, disinfecting facilities and ambulances by local authorities and Government

26. The Government, a local authority so designated under section (2), mission hospital and any other person may provide and maintain, either separately or jointly with any other person -

(a) suitable hospitals or places or wards of isolation for the accommodation and treatment of persons suffering from infectious diseases;

(b) mortuaries or places for the reception of dead bodies pending the carrying out of post-mortem examination ordered by a lawful authority, or until removal for burial;

(c) disinfecting and cleaning facilities, appliances and equipment for the cleansing of persons and the disinfection of bedding, clothing or other articles which have been exposed to, or are believed to be contaminated with the infection of any infectious disease, or which are dirty or verminous;

(d) ambulances for the conveyance of persons suffering from any infectious disease and, suitable vehicles for the removal of any infected linen, clothing or other articles;

(e) any other accommodation, equipment or articles required for dealing with any outbreak of infectious diseases.

Removal to hospital of infected persons

27. (1) An environmental health officer or such other authorised person, where a person is certified by a medical practitioner or medical officer to be suffering from an infectious disease and that person is not interned or is not being treated sufficiently or is not nursed in such a manner as to adequately guard against the spread of the disease, may order the removal of such a person to a suitable hospital or place of isolation and there be detained until a medical practitioner or medical officer is satisfied that the person is free from infection and can be discharged without danger to the public.

(2) The environmental health officer or such other authorised person may address the removal order under subsection (1) to an authorised person in the local authority or to a named police officer for purposes of enforcement.

(3) A person, who wilfully obstructs or prevents the execution of an order under this section or who fails or refuses to comply with such an order, commits an offence.

Measures to be adopted by a local authority in case of infectious diseases

28. (1) A local authority shall, where in its area of jurisdiction there is a person suffering from an infectious disease, ensure that adequate measures are taken for the prevention of the spread of the infectious disease, including where necessary -

(i) provision for accommodation;

(ii) maintenance;

(iii) nursing care;

(iv) medical treatment in a hospital (placing in a hospital);

(v) place of isolation, until patient has recovered or is no longer a danger to the public health; and (vi) provision for the removal and burial of the body of the deceased when so deceased of an infectious disease or of other causes.

(2) Subsection (1) shall not be construed as a limitation section in respect of powers of a local authority in suppressing the spread of infectious diseases.

Powers of the Ministry and local authority to order, investigate or carry out disinfection

29. (1) An authorised local authority shall give a written notice to -

(i) an owner or occupier of premises; or

(ii) an owner or person in charge of an article,

in situations where it appears from the certificate or report of a medical practitioner, medical officer or an environmental health officer, the cleansing or disinfection of such premises or article is necessary for -

(i) preventing the spread of an infectious disease; or

(ii) eradicating the infection of any infectious disease.

(2) The notice mentioned in subsection (1) shall require the person to whom it is directed, to cleanse or disinfect the premises or article, which shall be specified in the notice, within such time and manner as shall be specified in the notice and the person to whom the notice is directed shall comply with the notice to the satisfaction of the local authority.

(3) Where the person to whom the notice is directed fails to comply with the notice and its terms, the local authority shall, on the expense or account of that person, cleanse, disinfect or cause to be cleansed or disinfected such premises or article and for purposes of certainty, every expense reasonably incurred by the local authority or the person appointed by the local authority shall be a debt due and owing, recoverable in terms of this Act or any other law.

(4) Where the owner, occupier or person in charge of the premises or article, subject to the notice mentioned in this section, is indigent or destitute and is unable because of that person's indigence and destitution to comply with the notice, the local authority shall carry out the necessary cleansing or disinfection on the account of that person and write off the debt as bad.

(5) A magistrate may, on application by the local authority, issue an order for the destruction of an article which by its nature or by its present state may not properly be disinfected or cleansed and no compensation shall be payable.

(6) Where a local authority refuses or fails to exercise its powers granted by subsections (4) and (5), any person, fearful of the public health consequences that may result through the inaction of the local authority, may sue the local authority separately or jointly with any other person for specific performance.

(7) Where a local authority is disinfecting or cleansing an article, applying whilst doing so the appropriate methods and measures, and the article is damaged in that process the local authority shall not be liable in law.

(8) For purposes of subsection 7, "appropriate methods and measures" include due care, reasonable precaution and prevention of unnecessary and avoidable damage.

(9) Where a local authority or other person refuses or fails to do what this section permits or requires that local authority or that person to do, the Minister may cause to be done or compel the local authority or such other person or authorise another person to do what ought to be done and recover the expense for so doing from the local authority, or such other person or from whomsoever they are recoverable.

(10) Notwithstanding anything contained in this section the Minister, who is the guardian and custodian of public health matters, may take or cause to be taken any action, subject to the purposes of this Act, necessary and expedient.

Exposure of infected persons and articles

30. (1) A person who knows or is aware that is suffering from an infectious and incurable disease commits an offence if that person intentionally transmits that disease or infects another person with that disease and the trier of facts may impose a penalty that shall be commensurable with the act or deed and the resultant consequence of the transmission or infection, including the imposition of a penalty of multiple life sentences.

(2) A person commits an offence and liable, on conviction to a penalty that may be provided in this Act or the Minister may provide by regulations, if that person -

(a) while knowingly is suffering from a notifiable disease or such other infectious disease wilfully or negligently conducts that person's affairs or that of others in such a manner as to transmit or likely or liable to transmit or spread such disease to persons, articles or such other things in any manner whatsoever and in any place, including a street, bush, open land, occupied land, public or private place, building, shop, hotel, liquor bar, church or other place occupied in common by persons other than members of the household to which the sufferer belongs;

(b) being in charge of any other person and knowing that such other person is suffering from an infectious disease, exposes or causes the person to spread the disease or puts that person in a position or situation which helps to spread the infectious disease;

(c) knowingly, without previous and recent effective disinfection to the satisfaction of a local authority, environmental health officer, or nurse and in accordance with relevant Regulations in force, gives, transmits, removes, exposes infected articles to other persons or sends or permits infected articles to be washed or exposed to public washing places or machines or laundry or other places or things where articles or things are washed or cleansed or introduces infected articles or things to articles or things which are not infected;

(d) while knowingly is suffering from an infectious disease handles, conveys or comes into contact with any food, dairy produce, essential drugs, water or any other substance or article intended for human consumption or carries on any trade, occupation or profession in a manner likely or liable to spread or transmit the infectious diseases, whilst not exempted by a medical practitioner or medical officer in writing;

(e) being in charge of any person, exposes or causes that person to be exposed to an infectious disease, contaminated article or substance, excreta or other things or substances contaminated with an infection or doing anything in a manner which is likely or liable to cause infection or transmission of an infection to or from the person being in charged of ; or

(f) being in charge of a person or attending to that person, fails or refuses to render professional or occupational services or assistance as qualified and required to do by any law, regulation or ethics.

(3) A person who is in charge or attending to another person has a duty of care to that person and a duty and responsibility of rendering to that person at all times, professional and occupational services, care, skill, expertise, cooperation, optimism, confidence and hope and a breach, failure or neglect of these duties and responsibilities shall, under this Act, be an offence, punishable on conviction by a fine not exceeding five thousand Emalangeni or a term of imprisonment not exceeding twelve months and further to any other action that an aggrieved person may institute for damages.

(4) For purposes of subsection (2), a trier of facts may excuse a person from blame worthiness or it may be a mitigating factor, where a person used properly the stipulated protective clothing, proper precaution, proper procedure and followed all applicable rules, procedures and any relevant legislation.

Conveyance of infected persons

31. (1) The Minister may make regulations -

(a) prohibiting or regulating the conveyance of certain persons infected with certain and specific diseases in public places, passenger or goods services and public transport;

(b) prohibiting or regulating the conveyance of deceased persons infected with certain and specific infectious diseases;

(c) regulating the duties of persons in charge of public places and public transport in respect to the conveyance, storation, and burial of deceased persons or persons infected with infectious diseases;

(d) regulating the treatment and disposal of substances and articles exposed to or contaminated with an infectious disease; and

(e) regulating the conduct of persons accompanying, in a public place or transport, a person or deceased person infected or suspected to be or was infected with an infectious disease.

(2) No person shall convey, in a public transport, a deceased person without the permission of the Minister unless such public transport is so authorised.

(3) No person shall convey, introduce or cause to be conveyed or introduced in a public place or transport, articles or substances contaminated, infected or suspected to be contaminated or infected with an infectious disease.

(4) A person suffering from an infectious disease shall take all reasonable precautions to ensure that the infectious disease is not transmitted to any other person or to an article or substance that may be used by another person.

(5) A person suffering from an infections disease shall at all times have a duty of care towards other persons and the environment, that is to say, freedom from infection from the person with an infectious disease.

(6) No person shall expose another person to an infectious disease.

(7) The Minister may cause to be established isolation units in hospitals or in any other place and further may establish home based care for persons infected with infectious diseases or for persons not infected with any disease.

(8) A person who contravenes any provision of this section, including the regulations but excepting subsection (7), commits an offence and shall be liable to the aggrieved party in damages and to the penalties that may be imposed under this Act.

Prohibition of evacuation or letting of infected premises

32. (1) No person shall evacuate or let or cause to be evacuated, occupied or let any dwelling, premises or part thereof in which to the knowledge of that person there is or has recently been a person suffering from an infectious disease, without first having the dwelling, premises or part thereof, including articles and such other substances therein which are liable to retain infection, effectively disinfected to the satisfaction of the local authority, environmental health officer or nurse, and further in accordance with any legislation in force in the area.

(2) Subsection (1) shall apply to a person in charge of, owner of, or keeper of, and to a place or thing which is, a hotel, boarding house, orphanage, prison, hospital, health centre, medical practitioners rooms, surgery, traditional healer's rooms or premises, public transport or other utilities, places and institutions used for and by the members of the public.

Removal of bodies of persons who died of infectious diseases

33. (1) In every case of death from an infectious disease, the owner occupier or the person in charge of the premises in which the death occurs, shall immediately make the best arrangements practicable to prevent the spread of the infectious disease, pending the removal of the deceased person and disinfection of the place and articles which may have been infected.

(2) No person shall keep a body of a deceased person in a room -

(a) where that person or any other person lives, sleeps or works; or

(b) in which food is kept, prepared or eaten,

unless, the Minister has regulated otherwise.

(3) No person shall keep for a period in excess of twenty-four hours a body of a person deceased from an infectious disease in any other place, before burial, other than in a mortuary or other place set aside for the keeping of such dead bodies by a local authority or such other authority recognised by the Minister.

(4) Any person who removes a body of a person deceased from an infectious disease from any place specified in subsection (3) shall, subject to subsections (7) and (8) without fail remove or take that body direct and immediately to a burial place for burial.

(5) The person who is responsible or liable for the burial of a body of a person who died from an infectious disease or any other person shall ensure that the body is buried within twenty-four hours if such body is not kept in a place mentioned in subsection (3) and that person shall further take all necessary precautions to ensure that no infection emanating from the deceased is spread to other persons or articles likely to spread the infectious disease.

(6) No person shall bring into the country a body of a person deceased from an infectious disease, unless measures have been taken to the satisfaction of the Minister, local authority or such other authorised person in respect to the transportation, handling, storage, protection and burying of the body in a manner that would prevent the spread of the infection.

(7) Nothing in this section shall be deemed to prevent the removal, by due authority or person, of a dead body from the place where death occurred or hospital to a mortuary or such place mentioned in subsection (3) or prevent the due operation of any other law in force or court directives.

(8) The Minister may give special or general exceptions to this section and may make regulations of general application in respect to what may or may not be done in the period between the death and burial, including the observance or non-observance of certain customary rites.

Powers respecting the burial and disposal of bodies of persons who died of infectious disease

34. (1) The Ministry, Director of Health Services, medical practitioner, health officer, Regional Administrator or its successor, magistrate or a police officer of above the rank of inspector, may where -

(a) the body of a person deceased from an infectious disease or from other causes is kept in a room in contravention to the provisions of section 33; or

(b) notwithstanding subsection (1), the body of a deceased person is kept in a dwelling place or any other place, in the opinion of the person giving the order, that body is likely to endanger health or public health; or

(c) a body of a deceased person is found in any region and is unclaimed or is claimed but the person claiming it fails to comply with the Act, or no competent person undertakes to bury it in terms of this Act, order that the body of the deceased person be removed to a mortuary or such place specified in section 33(3) or order that it be buried within a time to be specified in the order or order for its immediate burial in the case where the body is that of a person who died from an infectious disease and is a threat to public health.

(2) The order or directive under subsection (1) may be directed to a local authority or to a person liable for the burial of the body or to any person capable of burying the body of the deceased and within the terms of the order and the costs for burial shall be borne by the estate of the deceased, failure of which, the local authority and failure of which, the Government of Swaziland.

(3) The costs mentioned in subsection (2) may be recovered by whomever they are due to as a civil debt in preference to other civil debts.

(4) A dispute in respect to the burial of the body of a person deceased from an infectious disease shall not prevent or delay the burial of that body or the compliance of an order issued under this section and any person who obstructs the burial or such order commits an offence and may be liable to both criminal and civil punishments.

(5) Any person who fails or refuses to carry out the duties and obligations imposed on that person by this section commits an offence and shall be liable to the punishment authorised by this Act or its regulations.

Provision of cemeteries

35. (1) Subject to the approval of the Minister, a local authority, mission hospital, an industrial or commercial estate or such other persons as the Minister may permit, shall have the responsibility and duty to established and maintain in a suitable land cemeteries and grave yards in the area under the jurisdiction of that entity for the purpose of burial or cremation of bodies of deceased persons.

(2) Any person intending to establish a cemetery or grave yard shall first obtain the Minister's consent, approval or permission to do so and to the site of the cemetery or grave yard as from the date of coming into force of this Act.

(3) The Minister may, for just reasons, refuse the establishment of a cemetery or grave yard on a certain site until an appropriate site to the satisfaction of the Minister is found and also, for just reasons, the Minister may order the closure of an existing cemetery or grave yard.

(4) Where in a given area there exists a cemetery or grave yard and a person intends or is required to bury a deceased person in that area, that person shall bury the deceased person in that cemetery or grave yard or land as provided for that area.

(5) The Minister may make regulations respecting areas or places where there are no cemeteries or grave yards, paying attention to the requirements of public health.

(6) Without prejudice to anything contained in this section, no person, with or without permission or authority, shall establish a cemetery or grave yard in any place, where the cemetery or grave yard shall -

(a) contaminate drinking water, other water for domestic use, under ground water used or likely to be used for human consumption; or

(b) become a public health nuisance or any other nuisance to the public.

(7) Any person who owns or is in charge of or who intends to establish a cemetery or grave yard shall register with the Minister such cemetery or grave yard and the Minister shall keep a master register for this purpose in the Ministry.

(8) The Minister in consultation with other sector agencies may make regulations or orders respecting -

(a) permits and procedures on the exhumation of bodies or remains of such bodies for purposes of holding an inquiry into the causes of death or similar purposes sanctioned by law;

(b) purposes of re-burial, re-covering of graves;

(c) requirements for removal and re-covering of graves; and

(d) the regulation and prohibition of home graves.

(9) Any person who fails or refuses to comply with the provisions of this section commits an offence and is liable to the punishments authorised by this Act.

Powers of Minister to make orders and notices regarding infectious diseases

36. (1) The Minister may, by orders or notices published in the Gazette regulate -

(a) the prevention, suppression and control of infectious and other communicable diseases; and

(b) conditions necessary or impose requirements to be observed in respect of -

(i) medical examination;

(ii) immunization;

(iii) isolation;

(iv) surveillance;

(v) quarantine; and

(vi) movement,

of persons infected with an infectious disease or persons likely to be so infected or persons identified and targeted for a public health programme.

(2) A person affected by the order or notice under subsection (1) shall comply with it and if that person fails or refuses to comply with such order or notice that person shall be committing an offence liable on conviction to the penalties authorised in this Act or such order and notice.

Regulations regarding infectious diseases

37. (1) The Minister may make regulations, published in the Gazette, to be applicable to all infectious diseases or only to such infectious diseases or as may be specified in the regulations, covering all or such areas as may be specified in the regulations and further covering all persons or such identifiable persons or class of persons.

(2) Without prejudice to subsection (1) the Minister, as specified in subsection (1) may make regulations respecting the following matters -

(a) the imposition and enforcement of quarantine measures, or of medical observation and surveillance, in respect of persons suffering or suspected to be suffering from infectious diseases, and who are either removed or not removed to a hospital or place of isolation, and further in respect of -

(i) the premises in which such persons are accommodated or live in;

(ii) the persons in charge of or in attendance on the persons infected or suspected to be infected; and

(iii) such other persons living in or with or visiting such infected or suspected to be infected persons or premises;

(b) the duties of owners and of employers of labour, of chiefs and of any local authority, in respect of infectious diseases, their prevention, suppression and eradication, and of the persons infected or suspected to be infected or likely to be infected;

(c) the measures to be taken for the prevention of the spread of or eradication of cholera, typhoid fever, plaque, acute poliomyelitis, tuberculosis or any infectious disease requiring to be dealt with in a special manner;

(d) the conveyance by road, rail or otherwise of persons suffering from, or the dead bodies of persons who died of, an infectious disease;

(e) the prevention of the spread of diseases from or transmitted from animals, carcasses and animal products to human beings, including rabies, glanders, anthrax, plague, tuberculosis, trichinosis and other diseases communicable to human beings from or originating from animals, carcasses and animal products;

(f) the prevention of the spread and eradication of malaria, the destruction of malaria carrying mosquitoes and the removal of conditions permitting or favouring, or the improvement of conditions not permitting or favouring, the multiplication or prevalence of mosquitoes;

(g) the provision and proper upkeep of mosquito nets in places where the Minister thinks necessary, especially in sleeping apartments in hotels, boarding houses, lodging houses and public buildings where persons are accommodated for payment;

(h) the prevention of the spread of diseases by flies or other insects and the destruction of and the removal of conditions permitting or favouring, or the improvement of conditions not permitting or favouring, the multiplication or prevalence of such insects;

(i) the destruction of rodents and other vermin and the places favouring the harbourage or multiplication of rodents and other vermin;

(j) the prevention of the spread of bilharziasis or other diseases caused in human beings by an animal or vegetable parasite;

(k) the prevention of the spread of any infectious, contagious or loathsome disease caused by or related to the carrying on of a business trade or occupation;

(l) the prevention of the spread of any infectious diseases by persons (commonly referred to as carriers) who, though at the time may not be or appear not to be suffering from the disease but are carriers or are liable to disseminate the infection of the disease, and the keeping under medical surveillance and the restriction of movement of such persons if need be; (m) the prohibition of spitting in public places and public transport except spitting into a receptacle provided and used for that purpose;

(n) the regulation and restriction of trade or occupation entailing danger or special danger to public health or only to health of the persons engaged in that trade or occupation, whether from infectious disease or otherwise and the institution of measures for preventing or limiting the danger;

(o) cleansing facilities, cleansing of dirty or verminous persons, disinfection or fumigation of clothes, premises, substances and other articles which are, or have been exposed to an infectious disease or believed to be contaminated with an infection of an infectious disease, or which are dirty or verminous, and prohibiting the carrying out of fumigation which involves the use of poisonous gas except under licence and permission from the Minister;

(p) the regulation of rag flock manufacturing, sale or trade and any trade in second-hand clothing, bedding or such similar articles or substances including trade in bones, hides and such similar articles and substances and further regulating and requiring the disinfection of some or all of the articles and substances before their importation, entry, removal, sale or exposure for sale or use in any manner including the manufacturing process;

(q) the disposal of refuse, waste or other matter or thing which has or may have been contaminated with or exposed to infection of an infectious disease;

(r) the regulation, restriction or, where deemed necessary, the prohibition of the keeping, transmission or use within or in the conveyance or transmission into or out of Swaziland of cultures or preparations of or pathogenic micro-organism or other materials and substances capable of causing a disease in a human being;

(s) the compulsory provision of information or production of documents or other information or evidence which may be relevant or not relevant but required for the purpose of tracing an infectious disease, or its source or for the prevention of the spread of an infectious disease; and

(t) generally for the better carrying out of the provisions and the attainment of the objects and purposes of this Part.

Diseases subject to International Health Regulations

38. The provision of this Part or Act shall, unless otherwise stated in so far as they relate to diseases subject to International Health Regulations, mean or deemed to apply to -

(a) plague;

(b) cholera;

(c) yellow fever;

(d) epidemic influenza;

(e) Marburg disease;

(f) lassa fever;

(g) ebola;

(h) any other disease, which the Minister may, by notice published in the Gazette, declare to be subject to International Health Regulations for the purposes of this Act.

Notification of suspected cases of diseases subject to International Health Regulations

39. (1) Every person, including a medical practitioner, medical officer, nurse, environmental health officer, health institution, head of a family or household, an employer, owner or occupier of land or premises, a chief, an indvuna, umgijimi ( a chief's runner or messenger) shall report to the Director of Health Services or in default to an environmental health officer who shall report to the Director of Health Services the occurrence of any case of illness or death coming to their notice which is or may be suspected to be due to a disease subject to the International Health Regulations, or of a case, with a history or presenting symptoms or post-mortem appearances, which may reasonably give grounds for such suspicion.

(2) Any person who refuses or fails to comply with this section commits an offence and is liable, on conviction, to a fine not exceeding one thousand Emalangeni default to imprisonment for a period not exceeding one month or to both fine and imprisonment.

Reporting of diseases subject to International Health Regulations by facsimile or any other fastest means

40. (1) Every medical officer, medical practitioner, environmental health officer, regional medical officer or such person, to whom a notification or report has been made in respect of a disease subject to International Health Regulations, shall immediately report same to the Director of Health Services by facsimile or other expeditious means the particulars of every notification received by such person, authority or institution.

(2) Subsection (1) shall also apply in the case of any unusual sickness or mortality to human beings and to animals.

Powers of Minister where local authority fails to deal adequately with diseases subject to International Health Regulations

41. (1) Where, upon the report of the Director of Health Services, it appears to the Minister that an outbreak of a disease subject to International Health Regulations, or a disease suspected of being such, has occurred or is threatened within the region of a local authority and is not being investigated or dealt with effectively, adequately or efficiently to safe-guard public health, the Minister may, subject to this Act, do anything or action which may help to achieve the objectives of this Act, being the provision, promotion and the application of public health.

(2) Without prejudice to subsection (1) the Minister, not withstanding any other provision of this Act, may inform the local authority of the measures which the Minister considers should be taken in that respect, and if the local authority fails or is for any reason unable to forthwith carry out such measures to the Minister's satisfaction, the Minister may through the Ministry take up, or authorise any other person or institution to take up, all the necessary steps for dealing with the outbreak or threatened outbreak.

(3) The Ministry or such authorised person under subsection (2) shall thereupon possess all rights and powers of that local authority in that region in as far as respecting the purposes of subsection (2), subject to the obligation attachings to the exercise, which in case of a dispute or conflict, shall be determined by the Minister in default of a relevant provision in this Act.

(4) Any expenditure or portion thereof so incurred which is payable by that local authority may be recovered from the local authority as a civil debt, set-off, deduction from rates, subsidy, rents or in any manner provided in this Act or other law.

Notification of sickness or mortality in animals due to zoonosis diseases

42. (1) Every person who becomes aware of any unusual sickness or mortality in rats, mice, cats, dogs or other animals susceptible to plague or other disease subject to International Health Regulations, not due to poison or other obvious cause, shall immediately report the fact to the Director of Health Services, environmental health officer, health officer, Director of Veterinary Services or veterinary health officer. (2) Every person who contravenes or fails to comply with this section commits an offence.

Powers of Minister and local authorities to requisition buildings, equipment, vehicles and other articles to suppress disease outbreaks

43. (1) Where an outbreak of any disease subject to International Health Regulations exists or is threatened, the Minister may authorize any local authority, regional medical officer or such other person to requisition from -

(a) any person owning or having charge of any land or any building not occupied as dwellings; or

(b) any person owning or having charge of tents, vehicle, transport, bedding, hospital equipment, drugs, food or other appliances, materials or articles, urgently required in connection with the outbreak, to hand over the use of any such land, building or such things specified in paragraph (b) or to supply or make available any such things specified in this subsection subject to the payment of a reasonable amount as hire or purchase price.

(2) Any person mentioned in this section who, without reasonable and compelling cause, fails or refuses to comply with such requisition, request or requirement commits an offence.

Appointment of an epidemic committee or task force

44. (1) Where it is deemed desirable for the purpose of co-ordinating effort or otherwise for more effectively dealing with or preventing an outbreak of any disease subject to International Health Regulations, the Minister may by notice published in the Gazette appoint and constitute a committee or task force to be termed an "epidemic committee" or such other designation or terminology.

(2) The committee shall be for a defined area or region and shall discharge and carry out such duties and functions as it may be given by the Minister or Director of Health Services in connection with the outbreak.

(3) Notwithstanding subsection (2) the Minister may in the notice of appointment or by a subsequent notice delegate some of the powers of the Minister or some other powers as the Minister may determine in connection with and solely for the outbreak to the committee or task force.

(4) The Minister shall make regulations in respect of the manner in which the committee or task force shall conduct its activities and the way it shall relate to the persons it deals with and the manner in which the committee or task force shall keep its books of accounts and any other matter the Minister believes is relevant and necessary for the purposes of the committee or task force.

(5) For purposes of the committee or task force to effectively carry out its functions and duties, the Minister shall ensure the committee or task force is reasonably funded from the Consolidated Fund or other funds that may be available to the Minister.

Advances to local authorities and other bodies

45. (1) The Minister, after consultation with the Minister responsible for Finance and the Minister responsible for local authorities, may authorise money advances on such terms as the Minister may fix to a local authority, organization, institution, an epidemic committee or task force for the purpose of dealing with an outbreak of an infectious disease or disease subject to International Health Regulations.

(2) In default of payment of an advance made under this section the Minister may recover such monies in terms of procedures set out in various sections of this Act or in any other manner permitted by law.

(3) The Minister may in addition to and in like manner to subsection (1) authorise money advances to a local authority, organization, institution, an epidemic committee or task force to enable it to pay any proportion of the capital expenditure incurred by it in providing suitable hospitals or places of isolation for persons suffering from any infectious disease or disease subject to International Health Regulations and may recover any advance so made as provided in subsection (2).

Protection of Government property

46. Any Government stores, monies or property of whatever description, shall not be liable to any attachment or execution either by court process or otherwise and, notwithstanding in whose possession it is found, including satisfaction of a judgement debt or obligation, that is, Government property shall always remain Government property until specially released by Government.

Refunds to a local authority and other bodies

47. (1) The Minister may authorise a refund subject to subsection (2) of the whole or part of an approved net cost, actually and necessarily incurred by a local authority or other body in providing and equipping an isolation hospital or other isolation accommodation for persons suffering from any infectious disease or detained under medical observation because of exposure to an infection of any disease subjects to International Health Regulations.

(2) The Minister shall, for the refund to be made or earned, first approve the scheme as a whole and the plans, specifications and estimates in connection with the scheme or operation envisaged in subsection (1) before any expenditure or liability is incurred and without which no liability or obligation shall attach to the Minister or Government.

(3) The Minister may authorise a refund of the whole or part of an approved net cost actually and necessarily incurred by a local authority or other body in connection with -

(a) the management and maintenance of an isolation hospital or other isolation accommodation; or

(b) the maintenance and treatment in that hospital or other hospital or place of isolation, for persons suffering from any infectious disease or detained under medical observation because of exposure to the infection of any disease subject to International Health Regulations, such net costs being determined after deduction of any revenue.

(4) The Minister may authorise a refund of the whole or part of an approved net cost actually and necessarily incurred by a local authority or other body in preventing, investigating, dealing with or suppressing any outbreak of any disease subject to International Health Regulations or any outbreak suspected on reasonable grounds to be of any such disease, including where necessary, the provision of temporary isolation hospital accommodation.

Regulations regarding diseases subject to International Health Regulations

48. (1) The Minister may, in the case of the occurrence or threatened outbreak of any disease subject to International Health Regulations, make regulations, by notice published in the Gazette, in all or any of the following matters -

(a) the imposition and enforcement of quarantine, and the regulation and restriction of public traffic and of the movement of persons;

(b) the closing of schools, institutions and public assemblies or gatherings, or the regulation and restriction of attendance to such schools, institutions, public assemblies or gatherings;

(c) the regulation, restriction or closing of any place of public entertainment, recreation or amusement or place of worship or such place where intoxicating liquor is consumed and such similar places;

(d) the prevention and remedying of over-crowding or the keeping of any dwelling or other building or the contents thereof in a dirty or insanitary or verminous condition;

(e) the medical examination of persons who are suspected of being infected with or who may have recently been exposed to the infection of, such disease, and of persons about to depart from an infected area and the disinfection of their baggage and personal effects;

(f) the detention of such persons, mentioned in paragraph (e), until they have after such examination, mentioned in that paragraph, been certified to be free from any infectious disease and until their baggage and personal effects have been disinfected; (g) the keeping under medical observation or surveillance, or removal, detention and isolation of persons who may have recently been exposed to the infection of, and who may be in the incubation stage of, such disease;

(h) the detention and isolation of such persons, mentioned in paragraph (g), until released by the authority which detained them or by some other person with due authority and the use of force and guards for the purposes of paragraphs (g) and (h) and, in the case of absolute necessity, the use of firearms or other weapons, and the arrest without warrant of any person who has escaped from such detention or isolation;

(i) the establishment of isolation centres or hospitals and the establishment, management and control of convalescence homes, centres, hospitals or similar institutions for the accommodation of persons who have recovered from diseases subject to International Health Regulations; (j) the removal and isolation into the institutions mentioned in paragraph (i) of persons who are or are suspected to be suffering from any diseases subjects to International Health Regulations and their accommodation, classification, care and control of such persons and their detention until discharge by the person who detained them or such other person with due authority when recovered and free from infection;

(k) the inquiries into the cause of death of any person, apart from an inquiry by a court as provided by another law, and -

(i) the ordering, when deemed necessary, of post-mortem examinations or of exhumations;

(ii) the prohibition, in special circumstances, of the burial of any deceased person except on a certificate by a medical officer appointed to grant such certificates or after compliance with any other special conditions;

(iii) the regulation of the mode of disposal, the times and places of burial of such deceased persons; and

(iv) the manner of conducting removals and burials of such deceased persons.

(l) the regulation and restriction and, if deemed necessary, the prohibition of the removal of merchandise or any articles, substance or thing into, out of or within any specified or defined area or region;

(m) the provision of disinfecting plant or equipment and the disinfection, or where disinfection is impossible, the destruction of any article, substance or thing, or the disinfection of any premises which are believed to be contaminated with an infection subject to International Health Regulations;

(n) the inspection of premises, articles or substances and the discovery and remedying of sanitary or other defects likely to favour or encourage the spread of, or render difficult the eradication of, diseases subject to International Health Regulations;

(o) the evacuation, closing, alteration or, if deems necessary, the demolition or destruction of any part or whole of premises the occupation or use of which is considered likely to favour or encourage the spread of, or render more difficult the eradication of, diseases subject to International Health Regulations;

(p) the definitions of the circumstances under which compensations may be paid in respect of any premises demolished or destroyed in terms of paragraph (o) and the manner of fixing such compensation;

(q) in the case of plague, the destruction of rodents and the removal or improvement of conditions likely to favour or encourage the harbourage or multiplication of rodents, and the disposal of the carcasses of rodents or other animals believed or suspected to have died of plague, and in such other matters as the Minister may deem necessary for preventing the occurrence of such diseases or limiting or preventing the spread of such diseases or for their eradication and generally for the better carrying out and attaining the objects and purposes of this Part.

(2) An authority or such authorised person administering the regulations made under section (1) shall use a just and reasonable discretion in the case of persons, if the regulations are silent on the issue, about to leave Swaziland, and in the case of persons entering Swaziland and on transit to another country the regulations shall not apply provided such persons do not disembark.

Offences and penalties

49. (1) Any person who contravenes a provision of the regulations made under section 48 commits an offence and on conviction shall be liable to a fine specified in such regulations or to a fine not exceeding four thousand Emalangeni which ever is greater, and in default of payment of the fine, to a period of imprisonment not exceeding one year and in addition to the foregoing, in the case of a continuing offence, to a further fine not exceeding one hundred Emalangeni or such fine specified in the regulations, whichever is greater, for every day during which the contravention continues after the date of notification of the contravention by the person administering the regulations, or to further imprisonment for the number of days the court may determine.

(2) A person who contravenes any provision of this Part, which is not dealt with under subsection (1), commits an offence and is liable, on conviction, to similar punishments as specified under subsection (1).