SEAP - Human Settlements, Urbanisation and Environmental Health Working GroupCONTENTS | INTRODUCTION | GOALS | ISSUES | SUGGESTED POLICIES | STRATEGIES | MONITORING | INSTITUTIONAL AND LEGAL FRAMEWORK | CONCLUSION | REFERENCES | ANNEXURES 7. INSTITUTIONAL AND LEGAL FRAMEWORKLegal FrameworkAn observation is made that there are a number of Laws and Regulations scattered across various ministries dealing with the issues of the Environment and Health. These include:
THE PUBLIC HEALTH ACT No. 5 of 1969Swaziland Public Health concerns and ways to dealing with them have been expressed in the principal legislation; the Public Health Act 5 of 1969. The Act defines the Authority for prescribing and enforcing preventative and remedial measures for the protection of Public Health in Swaziland. However in recent years there has been increasing concern expressed by the Environmental Health Officials, Health Officers and others that the Act fails to provide the back-up required to control risks to public to Public Health and that it fails to meet the present day environmental health needs. STATUS OF THE ACT The Act is supreme and this primacy over the other legislations in the area finds expression in Section 32, the very last provision of the Act. It reads "Save as specially provided in this act, shall Act shall be in addition to and not in substitution for any other law which is not in conflict or inconsistent with this Act, and when any other law is in conflict with this Act, this Act shall prevail." This provision however, could create potential problems of interpretation and enforcement. For example, does the supremacy of this Act apply to subsequent Act?. In the absence of a specific reference to the laws over which this Act enjoys supremacy there is a problem how an administrator is able to tell what these other laws are? Does a subsequent inconsistent Act impliedly repeal the relevant provisions of this Act? STRUCTURE OF THE ACT The Act is set out in four parts. Part 1 covers preliminary matters. Part 11 covers communicable and notifiable disease. Part 111 deals with nuisances. Here, although the overall responsibilities to deal with all factors leading to the deterioration in health standards liaise with the MOH, the Local Authorities as in terms of the Urban Government Act 1969 Section 55(1)(c), are responsible for the Abatement of all Public Health Nuisances. Part IV - General Provisions Covers a lot of matters which directly infringe upon environmental health. These include buildings used for storage of food, rooms for food storage, power of entry, inspection, regulations, penalties, burden of proof as to knowledge of infection, service of notices and protection of officers. The Ministry of Health is in the process of reviewing The Public Health Act 5 of 1969. Amongst reforms made in Part 111 under "nuisances" is suggested a section dealing with food hygiene, meat hygiene, toxic and hazardous materials, water borne wastes, air pollution, refuse, factories and work places, public buildings, schools/creche, water resource development, barber shops and others. Under the new section - "Toxic and Hazardous Materials" - is proposed to cover issues such as importation, transportation, handling, processing, production, treatment, disposal, licensing, remitting, monitoring and surveillance, enforcement, inspection, responsibilities, damages, reporting. Under the new section, "Refuse", it is proposed that it cover related legislation, classification, handling, disposal site selection, control & management sites, standards of disposal sites, transportation, littering, incineration, permitting and licensing, enforcement, inspection, responsibilities, reporting. Under the new section: "Factories and Workplaces", is proposed to cover legislation related to:
A general observation is made that there are several departments dealing with environmental/environmental health issues which are scattered all over the different government ministries:
It is recommended that all these departments should be put under one Ministry preferably called the Ministry of Environment or a similar name. |