Second 2010 FIFA World Cup South Africa Special Measures Act [No. 12 of 2006]


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 495 Cape Town 7 September 2006 No. 29199
THE PRESIDENCY No. 895 7 September 2006
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 12 of 2006: Second 2010 FIFA World Cup South Africa Special Measures Act, 2006.


ACT
PREAMBLE
WHEREAS the Fdddration Internationale de Football Association (FIFA) is the world governing body for the sport of football and is responsible for promoting football around the world through educatiolt and development programmes and through promoting and supervising international matches;
AND WHEREAS FIFA invited the African Member Associations affiliated to FIFA to hid for the right to serve as host for the final competition of the 2010 FIFA World Cup and provided interested national associations with a List of Requirements regarding the staging and hosting of the final competition of the 2010 FIFA World Cup;
AND WHEREAS the South African Football Association (SAFA) confirmed its bid for the right to serve as host of the final competition of the 2010 FIFA World Cup by submitting the bid documentation to FIFA;
AND WHEREAS the Government of the Republic of South Africa confirmed its support for SAFA's bid to host the 2010 FIFA World Cup by issuing a Declaration in terms of which it undertook to issue all guarantees requested in the List of Requirements to ensure the success of the 2010 FIFA World Cup and to take all measures necessary in order to comply with such guarantees and shall perform its obligations with due co-operation;
AND WHEREAS FIFA has appointed SAFA as host of the 2010 FIFA World Cup South Africa in accordance with the Organising Association Agreement;
AND WHEREAS the Government of the Republic of South Africa has a duty to pursue major developmental goals as demanded by the Constitution of the Republic of South Africa, 1996, as reflected in broad initiatives to eradicate poverty by 2014 which have been endorsed by the people of South Africa and the United Nations, the Government must strike a balance between the broad national interests of the Republic and the specific interests of FIFA when implementing its guarantees;
AND WmREAS it is necessary to enact legislation to give effect to the Declaration and the guarantees referred to above,
4 No.29199 GOVERNMENT GAZETTE. 7 SEPTEMBER 2006
Act No. 12,2006 SECOND 2010 FIFA WORLD CIJP SOlITH AFRICA SPECIAL MEASURES ACT. 2006
E IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, B as follows:- Definitions
1. In this Act, unless the context indicates otherwise- “2010 FlFA World Cup South Africa” means the FIFA World Cup football tournament to be staged in and hosted by the Republic in 2010 in terms of the Organising Association Agreement, and includes the 2009 FIFA Confederations Cup to be staged in the Republic in 2009; “accredited foreign medical contingent” means a foreign medical contingent whose members have been accredited in terms of section 3(1); “FIFA” means the FkdCration Internationale de Football Association; “final competition” means the final tournament of the 2010 FIFA World Cup Sourh Africa which shall be contested in the year 2010 in the Republic by 32 teams and which shall be deemed to last for the period stipulated by the Minister by notice in the Gazette; “Minister” means the Minister responsible for sport and recreation at national level in the Republic; “Organising Association Agreement” means the Organising Associatioii Agree- ment, including its annexes, entered into between FIFA and SAFA; “permitted medical device” means any medical device approved by the Minister of Health in terms of section 3(3)(a); “permitted medicine and Scheduled substance” means any medicine and Scheduled substance approved by the Minister of Health in terms of section
“prescribed” means prescribed by regulation; “regulation” means any regulation made in terms of section 6; “SAFA” means the South African Football Association or its successors-in-title; “team” means the 23 football players and the 27 persons accompanying such football players representing a national association affiliated with FIFA, which national association has qualified to participate in the 2010 FIFA World Cup South Africa.
3(3)(a);
Extension of Minister of Trade and Industry’s power under Merchandise Marks Act, 1941
2. If the Minister of Trade and Industry declares the 2010 FIFA World Cup South Africa a protected event in terms of section lSA(1) of the Merchandise Marks Act, 1941 (Act No. 17 of 19411, he or she may, notwithstanding section 1SA( 1 )(a)(ii) of that Act, stipulate by notice in the Gazette a date later than one month but not later thaii six months after the completion or termination of the final competition as the date on which the protection afforded by such a declaration ends.
Accreditation of foreign medical contingents and approval of medicines, Scheduled substances and medical devices
3. (1) (a) Notwithstanding any other law to the contrary, the Minister of Health, after consultation with the relevant statutory health professional council, may accredit a member of a foreign medical contingent to render health services if the Minister of Health receives an application by FIFA for such accreditation.
(b) An application contemplated in paragraph (a) must state- (i) the full name and the passport number of every member of the foreign medical
contingent concerned; (ii) the country of origin of the team in respect of which the members may render
health services; (iii) the period during the 2010 FIFA World Cup South Africa for which
accreditation is required; (iv) the name of each member of the team to whom the members of the foreign
medical contingent may render health services; and
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(v) such further information in respect of the accreditation as may be prescribed. 55
6 No. 29199 GOVERNMENT GAZETTE. 7 SEPTEMBER 2006
Act No. 12, 2006 SECOND 2010 FIFA WORLD CUP SOUTH AFRICA SPECIAL MEASLIES ACT. 2006
( c ) For the purposes of paragraph (a), a statutory health professional council has the meaning ascribed to it in section 1 of the National Health Act, 2003 (Act No. 61 of 2003 ).
(2) The accreditation granted by the Minister of Health contemplated in subsection ( 1) must be in writing and must specify-
(a) the full names of all accredited members of the foreign medical contingent; (6) the period for which the accreditation is granted; and (c ) any condition in respect of the accreditation that may be necessary.
( 3 ) (a) Notwithstanding any other law to the contrary, the Minister of Health, after consultation with the Medicines Control Council established by section 2 of the Medicines and Related Substances Act, 1965 (Act No. 101 of 196% may approve all medicines, Scheduled substances and medical devices that may be used by an accredited foreign medical contingent i f the Minister of Health receives a written request for such use by FIFA on behalf of an accredited foreign medical contingent. (6) A request contemplated in paragraph (a) must state-
(i) the name and manufacturer of the medicine, Scheduled substance and medical device in question;
(ii) the quantity of each medicine and Scheduled substance and the number of each type of medical device required by the accredited foreign medical contingent; and
(iii) such other information as may be prescribed. (4) The approval given by the Minister of Health contemplated in subsection ( 3 ) must
(a) the name and manufacturer of the medicine, Scheduled substance and medical device in question;
f b ) the quantity of each medicine and Scheduled substance and the number of each type of medica1 device required by the accredited foreign medical contingent; and
( c ) any condition in respect of the approval that may be necessary.
be in wriring and must specify-
Scope of authority of accredited foreign medical contingent
4. An accredited foreign medical contingent may only render health services for the period and in respect of the team contemplated in section 3( 1 )(bXii) and (iii).
Suspension of prohibition on sale of unregistered medicines, registration of and community service for certain health care providers
5. (1) (a) Notwithstanding any law referred to in paragraph (c ) but subject to section
(i) possess, compound, dispense, import and export permitted medicines and Scheduled substances; and
(ii) import and export permitted medical devices.
3, any member of an accredited foreign medical contingent may-
fb) The possession, compounding, dispensing, import and export of permitted medicines and Scheduled substances and the import and export of such permitted medical devices contemplated in paragraph (al may be undertaken solely for the purposes of rendering such health services as may be required by members of the team in respect of which the foreign medical contingent is accredited to render health services.
(i) section 14 of the Medicines and Related Substances Act, 1965 (Act No. 101 of 1963, in so far as it pertains to the prohibition on the sale of medicines which are subject to registration and are not registered;
( i i ) section 19 of the Medicines and Related Substances Act, 1965 (Act No. 101 of 19651, in so far as it pertains to the prohibition on the sale of medicines which do not comply with requirements prescribed in terms of that Act;
fc) The laws contemplated in paragraph (a) are-
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( i i i i section 22A of the Medicines and Related Substances Act, 1965 (Act No. 101 of 1965). i n so far as i t pertains to the prohibition on the sale, possession, mmu facture, import and export of any medicine or Scheduled substance; and
( i \ j section 22C ofthe Mediciiies and lZelated Substances Act 1965 (Act No. 101 of 1965). i n so far as i t pertains to the prohibition on the compounding, dispensing, import and export of mediciiies and the import aiid export of medical devices without a licence.
( 2 ) ( N ) Notwithstanding aiiy law referred to in paragraph (b) , aiiy member of an accredited foreign medical contingent may render any health service to a member of the team in respect of which the foreign medical coiitiiigeiit has beeti accredited without 10 being registered or having rendered commuiiity service as is contemplated in those laws.
sections 13. 14(c) and 14A of the Pharmacy Act, 1974 (Act No. 53 of 1974).
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( I ) ) Ihe laws contemplated in paragraph (0) are-
i n so far as they pertain to the rcgistratioii of and the performance of
sections 17 and 24Aofthe Health Professions Act. 1974 (Act No. 56 of 1974), i n so far as they pertaiii to the registration of any profession registrable in terms of that Act and the performance of coininunity service by persoiis registering for the first time Cor a profession listed i n the regulations in terms o f that Act; 20 section 16 of the Nursing Act, 1978 (Act No. 50 of 1978). in so far as it pertains to the registration or enrolment, as the case may he, of a nurse, midwife, aursing auxiliary. student nurse. student midwife, pupil iiurse or pupil nursing auxiliary in terms o f that Act; and ally other iiatioiial legislation pertaining to the registration of or the 2.5 performance of community service by any health care provider as deliiied i n section 1 of the National Health Act, 2003 (Act No. 61 of 2003). other than those coiitemplated in subparagraph ( i ) . ( i i ) or (iii).
community service by pharmacists; 15
Regulations
6. ( 1 )The Minister may, in consultation with the Minister oCTrade and Iiidustry or the 30 of Health, as the case may be, make regulations regarditig- any matter that may or must be prescribed: the suspension of the prohibition on the possession, compounding and dispensing of permitted medicines and Scheduled substances and permitted medical devices and the registration of and the performance of community 35 service by health care providers. i n order to give effect to the Orgaiiising Association Agreement; and aiiy ancillary or incidental administrative or procedural matter that i t is necessary to prescribe for the proper implementation or admiiiistratioii of this Act. 40
( 2 ) Before the Minister makes any regulation under this section, he or she must publish a draft ofthe proposed regulation in the (;axrrc. together with a iiotice calling on interested persoiis to comment, i n writing, within a period stated i n the notice, ofiiot less Ihan 30 days from the date of puhlication of the notice.
( 3 ) If the Minister alters the draft regulations, as a result of any comment, he or she 45 need iiot publish those alteratioiis before making the regulations.
(4) ?'he Minister must submit to Parliament the draft replations contemplated in suhsection ( 2 ) and cominents received in tcrins of that subsection before liiial publication.
Short title 50
7. This Act is called the Second 2010 F F A World Cup South Africa Special Measures Act, 2006.