Sterilisation Amendment Act [No. 3 of 2005]


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 480 Cape Town 22 June 2005 No. 27702
THE PRESIDENCY No. 599 22 June 2005
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 3 of 2005: Sterilisation Amendment Act, 2005


2 No. 27702 GOVERNMENT GAZETTE. 27 JUNE 2005
Act No. 3, 2005 STERILISATION AMENDMENT ACT, 2005
(i) consent is given by a person who is lawfully entitled to give copsent; and
GENERAL EXPLANATORY NOTE:
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[ ] Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments.
(English text signed e y the President.) (Assented to 1% June 2005.)
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ACT To amend the Sterilisation Act, 1998, so as to substitute a definition; to make provision for a medical opinion in certain circumstances; to provide for additional information to be considered when contemplating sterilisation; and to provide for matters connected therewith.
E IT ENACTED by the Parliament of the Republic of South Africa, as B follows:- Amendment of section 1 of Act 44 of 1998
1. Section 1 of the Sterilisation Act, 1998 (hereinafter referred to as the principal Act), is hereby amended by the substitution for the definition of “sterilisation” of the following definition:
“ ‘sterilisation’ means [a surgical procedure performed for the purpose of making the person on whom it is performed incapable of procreation, but does
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not include the removal of any gonad] a procedire whereby a person could be permanently rendered incapable of fertilisation or reproduction.”. 10
Amendment of section 2 of Act 44 of 1998
4 No. 27702 GOVERNMENT GAZETTE. 22 JUNE 2005
Act No. 3, 2005 STERILISATION AMENDMENT ACT, 2005
(ii) an independent medical practitioner who, before a panel is convened in terms of section 3(2) , has consulted with the person to be sterilised and has provided a written opinion to the effect that the sterilisation is in the best interest of that person.”.
Amendment of section 3 of Act 44 of 1998 5
3. Section 3 of the principal Act is hereby amended- (a) by the substitution for the heading to section 3 of the following heading:
“Person incapable of consenting or incompetent to consent due to [severe] mental disability”;
(b) by the substitution in subsection (1) for paragraph (b ) of the following 10 paragraph: “(b) if a panel contemplated in subsection (2) after considering all relevant
the [person is 18 yea& of] person’s age[, unless the physical health of the pwsopl is.threatened; and];
information, including [the fact that]- (i)
(ii)
(iii) (iv)
(v) (vi)
(vii)
(viii)
whether there- [is no] are other safe and effective [method] alternatives [of contraception except] sterilisation; the person’s mental and physical health and wellbeing; the potential effect of sterilisation on the person’s mental and physical health and wellbeing; the nature of the sterilisation procedure to be performed; the likelihood that the person will become capable of consenting to sterilisation; whether the sterilisation is in the best interests of the person to be sterilised; and the benefit which the person may derive from sterilisation,
concurs that sterilisation may be performed; and”; (c) by the deletion of subsection (6); and (d) by the substitution for subsection (7) of the following subsection:
“(7) For the purposes of this section, “[severe] mental disability” means a range of functioning extending from partial self-maintenance under close supervision, together with limited self-protection skills in a controlled environment through limited self care and requiring constant aid and supervision, to [severely] restrained sensory and motor functioning and requiring nursing care.”.
Amendment of section 4 of Act 44 of 1998
4. Section 4 of the principal Act is hereby amended by the substitution for paragraph (c) of the following paragraph:
“(c) understood and signed the prescribed consent form.”.
Short title
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2.5
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5. This Act is called the Sterilisation Amendment Act, 2004.