Veterinary and Para-Veterinary Professions Amendment Act [No. 10 of 2002]


Government Gazette

REPUBLIC OF SOUTH AFRICA
Vol. 444 Cape Town 3 June 2002 No. 23480
THE PRESIDENCY
No. 770 3 June 2002
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 10 of 2002: Veterinary and Para- Veterinary Professions Amendment Act, 2002


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Act NO. 10,2002 VETERINARY AND PARA- VETERINARY PROFESSIONS AMENDMENT ACT, 2002
GENERAL EXPLANATORY NOTE:
[ ] Words in boldtype in square brackets indicate omissions from existing enactments. Words underlined with asolid line indicate insertions in existing enactments.
(English text signed by the President.) (Assented to 29 May 2002.)
ACT To amend the Veterinary and Para-Veterinary Professions Act, 1982, so as to provide for the restructuring of the South African Veterinary Council; to provide for the examination of candidates with a veterinary degree not recognised by the council; to further provide for the registration of private companies to practise in terms of the Act; to amend the Pharmacy Act, 1974, so as to provide for the keeping and supply of medicines by veterinarians; and to provide for matters connected therewith.
E IT ENACTED by the Parliament of the Republic of South Africa. as B f o ~ ~ o w ~ : - Amendment of section 1 of Act 19 of 1982, as amended by section 1 of Act 19 of 1989
1. Section 1 of the Veterinary and Para-Veterinary Professions Act, 1982 (hereinafter referred to as the principal Act), is hereby amended- 5
(0) by the substitution for the definition of “officer” of the following definition: “ ‘officer’ means an officer as defined in section 1 of the Public Service Act. [1984 (Act No. 111 of 1984)] 1994 (Proclamation No. 103 of 1994):”; and
.* ‘private company’ means a company incorporated and registered as a private company in terms of the Companies Act, 1973 (Act No. 61 of 1973);”.
(b ) by the insertion after the definition of “prescribe” of the following definition: 10
Amendment of section 5 of Act 19 of 1982, as amended by section 2 of Act 19 of 1998
2. Section 5 of the principal Act is hereby amended- 15 . fa) by the substitution for subsection (1) of the following subsection:
“(1) Whenever it becomes necessary to iesignate or elect the members of the council, the following procedure shall be followed: (a ) Before the expiration of the periodbf office of the outgoing council,
an election shall be held in the prescribed manner for- 20 (i) the election of ten veterinarians or veterinary specialists by
persons registered or deemed to be registered in terms of this Act to practise veterinary professions;
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Act NO. 10,2002 VETERINARY AND PARA- VETERINARY PROFESSIONS AMENDMENT ACT. 2002
(ii) the election of one representative of each para-veterinary profession by persons registered or deemed to be registered in terms of this Act to practise the para-veterinary profession concerned.
(b ) The Minister shall, after consultation with the outgoing council. 5 appoint a selection panel, which must consist of-
(i) three veterinarians or veterinary specialists: (ii) one para-veterinary professional;
(iii) one non-veterinary professional. (c ) The selection panel shall select- 10
( i ) two persons on account of their knowledge of law: (ii) eight veterinarians or veterinary specialists:
(iii) two non-veterinarians.
faculty of veterinary science, shall nominate at least three veteri- 15 narians or veterinary specialists who are fit and proper persons.”:
(d) The rector or principal of each university in the Republic that has a
(b ) by the substitution for subsection (2) of the following subsection: * ‘ ( 2 ) The council consists of-
one officer of the Department of Agriculture who is a veterinarian or veterinary specialist, designated by the Minister: 20 six veterinarians or veterinary specialists from the ten persons elected as contemplated in subsection ( l)(u)(i). of whon-
( i ) the three persons with the most votes in that election qualify
(ii) three further persons shall be designated by the Minister; one representative of each para-veterinary profession elected as contemplated in subsection (l)(a)(ii); one person from the persons referred to in subsection (l)(c)(i). designated by the Minister; five persons designated by the Minister from the persons referred to in subsection (I)(c)(ii) and (iii), of whom at least one shall be a non-veterinarian; one person from each of the universities in the Republic that has a faculty of veterinary science, designated by the Minister from the nominations referred to in subsection ( 1 ) (d): and one representative designated by the South African Veterinary
automatically to be members of the council:
Association from its members.”; ( c ) by the insertion after subsection (2) of the following subsections:
“(2A) The period of office of all the members of the council shall run consecutively.
(2B) Within 30 days after the commencement of office of the members of the council, the Minister shall inform the parliamentary committees in writing of the designation or election of the members concerned.”;
( d ) by the substitution for subsection (3) of the following subsection: “(3) Whenever any designation in terms of subsection [(l)(b) or (c) ]
(2)(f) or (g ) becomes necessary, the registrar shall request the rector or principal concerned or the South African Veterinary Association, as the case may be, in writing to designate or nominate within a specified period the [person] persons required to be designated or nominated in terms of that subsection.”; and
( e ) by the substitution for subsection (4) of the following subsection: “(4) If the registrar or principal concerned or the said Association fails
to comply with such request within the said period. the Minister may designate any person holding the qualifications necessary for designation and whom he orshe deems fit, to be a member of the council in the place of a person to be designated in terms of subsection [(l)(b) or (c) ] OIf) o r . ” .
Amendment of section 6 of Act 19 of 1982, as amended by section 3 of Act 19 of 1989
3. Section 6 of the principal Act is hereby amended- (a) by the substitution for subsection (1) of the following subsection:
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“( 1 ) No person shall be designated as a member of the council in terms of section [5(l)(b) or (c)] 5(2)(a), (d), (e), (0 or fg) or elected as a member of the council by virtue of section [5(l)(d)] 5(2)(h) if- (a) he or she is not a veterinarian or veterinary specialist, where
(b) he or she is not a South African citizen; ( c ) he or she is not permanently resident in the Republic; (d) he [is a patient or a president’s patient] or she suffers from mental
illness as defined in section 1 of the Mental Health Act. 1973 (Act No. 18 of 1973); 10
(e) his &r estate has been sequestrated or surrendered or he or she has entered into a composition with his e r creditors;
(f) he or she has at any time been convicted of an offence in respect of which he or she was sentenced to imprisonment without the option of a fine and such sentence was not suspended; or 15
(g ) he & does not satisfy the prescribed requirements with regard to the election of members of the council.”;
(b) by the substitution for subsection (1 A) of the following subsection:
required to be so; 5
”( lA)(a) No person shall be elected as a member of the council by virtue of section [5(l)(e)] 5(2)(c) unless [he] such person is registered or deemed to be 20 registered in terms of this Act to practise the para-veterinary profession concerned.
(b) The qualifications specified in paragraphs (b), (c) , (d), (e), (f) and (g) of subsection (1) shall mutatis mutandis apply to the election of a member of the council by virtue of section [5(l)(e)] 5(2)(c).’*; and 25
“ ( 2 ) No person shall [be qualified] qualify to be a member of the council if [he] such person has been [convicted of improper or disgraceful conduct after an inquiry under section 14 of the Veterinary Act, 1933 (Act No. 16 of 1933), or been] found guilty of unprofessional, improper [of] or 30
( c ) by the substitution for subsection (2) of the following subsection:
disgraceful conduct after an inquiry under section 31 [of this Act] and the council has exercised its disciplinary powers in terms of section 33( l)(b). (c)
. .. o r . ” .
Amendment of section 8 ofAct 19 of 1982, as amended by section 4 ofAct 19 of 1989
4. Section 8 of the principal Act is hereby amended- 35 (a) by the substitution for paragraph (c) of subsection ( 1 ) of the following
”(c) he or she. in the case of a member designated [in terms of section paragraph:
S(1)fu)l- (i) -. tenders his orher resignation 40
(ii) in terms of section 5(2)(a), ceases to be an officer:”; in writing to the Minister; or
(b) by the substitution for paragraph (d) of subsection ( 1 ) of the following paragraph: - -
“ ( d ) he or she. in the case of a member designated in terms of section 45 [5(l)(b)l 5(2)(0--
(i) tenders his or her esignation in writing to the rector or
(ii) ceases to be a [professor or lecturer in veterinary science at
(c) by the substitution for paragraph ( e ) of subsection (1) of the following
“(e) he or she, in the case of a member designated in terms of section
principal of the university in question; or
the said university] fit and proper person;”: 50
paragraph:
[ 5 ( w 1 5 w w - (i) tenders his resignation in writing to the president of the 55
council; or
Association;”; (ii) ceases to be a member of the South African Veterinary
(d) by the substitution for paragraph (fl of subsection (1) of the following paragraph: 60
“(f) he or she, in the case of a member elected by virtue of section [5(l)(d) or (e)] 5(2)(b) or (c) tenders his or her resignation in writing to the president of the council; or”;
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Act No. 10,2002 VETERINARY AND PARA- VETERINARY PROFESSIONS AMENDMENT ACT. 2002
( e ) by the substitution for subsection (2) of the following subsection: ”(2) Any vacancy on the council arising from a circumstance referred
to in subsection (1) or any vacancy caused by the death of a member, shall be filled within three months by designation or election, as the case may be, in consultation with the council. in the manner i n which the 5 member who vacates his or her office or dies, was required to be designated or elected, and any member so designated or elected shall hold office for the unexpired portion of the period for which the member who vacates his office or dies, was designated or elected.”: and
If) by the insertion of the following subsection after subsection (2): 10 “(3) Any vacancy on the council arising from the expiration of the
period of office shall be filled, as required by section 5. within three months from such expiration.”.
Amendment of section 9 of Act 19 of 1982
5. Section 9 of the principal Act is hereby amended by the deletion of subsection ( 1 ). I5
Amendment of section 14 of Act 19 of 1982
6. Section 14 of the principal Act is hereby amended by the deletion of subsections (4) and (6).
Amendment of section 20 of Act 19 of 1982
7. Section 20 of the principal Act is hereby amended- 20 ( a ) by the substitution for subparagraph (ii) of paragraph (6) of subsection ( 5 ) of
the following subparagraph: “(ii) in the case of the contemplated registration as a veterinary specialist.
it is a post-graduate qualification connected with the speciality in respect of which registration is desired and the council is satisfied that the person in 25 question has sufficient knowledge and experience to enable such person to practise the profession concerned, for which purpose such person. except if the council expressly determines otherwise, shall pass an examination determined by the council.”; and
(b) by the substitution for paragraph (c) of subsection ( 5 ) of the following 30 paragraph:
“ ( c ) An examination referred to in paragraph (b)[(i)] shall only be conducted after payment of such amount as may be determined by the council.“.
Amendment of section 24 of Act 19 of 1982, as amended by section 7 of Act 19 of 35 1989
8. Section 24 of the principal Act is hereby amended- ( ( 1 ) by the substitution for paragraph (b) of subsection ( 1 ) of the following
paragraph: “(b) in the case of a juristic person, that Ijuristic] person is a corporation 40 or a private company.”; and
( 6 ) by the addition of the following subsection: “ (5)(a) Notwithstanding the provisions of subsection ( I ) , a private
company shall be registered in terms of this Act only if-
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the principal business of that private company is the practising of a veterinary profession or a para-veterinary profession, as the case may be; all the shareholders of the company are registered in terms of this Act to practise a veterinary or a para-veterinary profession: the name of the company has been approved by the council: every shareholder of the company is a director and only a shareholder shall be a director thereof; and its memorandum of association provides that the directors and past directors shall be liable jointly and severally, together with the company, for such debts and liabilities of the company as are or were incurred during their periods of office.
(b) If a private company ceases to conform to any requirement of paragraph (a), it shall forthwith cease to practise and shall. as from the date on which it ceases to conform. not be recognised to practise the 15 veterinary or para-veterinary profession. as the case may be.”.
Amendment of section 28 of Act 19 of 1982, as amended by section 9 of Act 19 of 1989
9. Section 28 of the principal Act is hereby amended- (a) by the substitution for paragraph (dA) of subsection ( I ) of the following 20
paragraph: “(dA) in the case of a corporation or a private company-
(i) that corporation or private company ceases to exist: or (ii) the provisions of section 24(4) or 24(5). as the case may be. are
((7) by the substitution for paragraph (a) of subsection (1A) of the following paragraph: “(a) For the purposes of this Act, the member‘s interest of a person in a
corporation or a private company may, at [his] such person‘s death or at the termination, withdrawal or suspension of [his] such person‘s registration in 30 terms of this Act, be held by [his] such person’s estate or by [himself] & person. as the case may be. for a period of 12 months in the case of a corporation or for a period of six months in the case of a private company. from [his] such person’s death or the termination. withdrawal or suspension of [his] such person‘s registration, or for such longer period as the council may 35 on application determine.”.
no longer complied with;”: and 25
Amendment of section 31 of Act 19 of 1982, as amended by section 10 of Act 19 of 1989
10. Section 31 of the principal Act is hereby amended by the substitution for paragraph ( a ) of subsection ( 6 ) of the following para raph: 40
“(a) Any inquiry referred to in subsection (1) may be instituted simultaneously against a corporation or a private company, and a member or employee of that corporation or directors of that private company.”.
Amendment of section 33 of Act 19 of 1982, as amended by section 12 of Act 19 of 1989 and section 4 of Act 13 of 1993 45
11. Section 33 of the principal Act is hereby amended by the insertion after paragraph
“(aA) impose a fine not exceeding the amount determined by the Minister by ( a ) of subsection ( 1) of the following paragraph:
notice in the Gazette;”.
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Amendment of section 41 of Act 19 of 1982
12. Section 41 of the principal Act is hereby amended by the substitution for paragraphs (i), (ii), (iii) and (iv) of subsection (1). of the following paragraphs. respectively:
“(i) on a first conviction of a contravention referred to in paragraph (a), (b), (c). 5 (d l , ( e ) , cf,, (g), (h) , (i), ( j ) or (k), be liable to a tine [not exceeding R2 0001 or to imprisonment for a period not exceeding one year, or to both [such] 2 fine and such imprisonment:
(ii) on a second or subsequent conviction of any contravention referred to in [subparagraph] paragraph (i), whether the same or any other contravention I O referred to in that [subparagraph] paragraph. be liable to a fine [not exceeding R10 0001 or to imprisonment for a period not exceeding five years. or to both [such] 2 fine and such imprisonment:
( i i i ) on a first conviction of an offence referred to in paragraph ( I ) , (m), (n), (u), ( p ) . ( 9 ) or ( r ) , be liable to a fine [not exceeding R500] or to imprisonment for a 15 period not exceeding three months, or to both [such] a fine and such imprisonment:
(iv) on a second or subsequent conviction of any contravention referred to in [subparagraph] paragraph (iii), whether the same or any other contravention referred to in that [subparagraph] paragraph. be liable to a fine [not 20 exceeding R2 0001 or to imprisonment for a period not exceeding one year. or to both [such] - a fine and such imprisonment.” .
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Deletion of section 42 of Act 19 of 1982
13. Section 42 of the principal Act is hereby deleted.
Amendment of section 43 of Act 19 of 1982 35
14. Section 43 of the principal Act is hereby amended by the substitution for
“(3) A regulation may, for any contravention thereof or failure to comply therewith. prescribe [penalties not exceeding a fine of R500 or not exceeding imprisonment for a period of three months] a fine or imprisonment for a period 30 not exceeding three months, or both [such] ‘1 fine and such imprisonment [for any contravention of or failure to comply with its provisions].”.
subsection (3) of the following subsection:
Substitution of section 44 of Act 19 of 1982
15. The following section is hereby substituted for section 44 of the principal Act:
“Repeal of laws 35
44. Subject to the provisions of sections [5(2), 6(2), 9(1), 14(6),] 18(2) and (4), 20(4) and 25(7), the laws specified in the Schedule are hereby repealed.”.
Establishment of new council
16. (1) A new council shall be established in accordance with the procedure set out in 40 section 5 of the principal Act, within six months of the date of the coming into operation of this Act.
(2) The Minister shall by notice in the Gazette determine the date on which the new council shall come into operation. which shall be the date on which the members of the outgoing council shall cease to hold office. 45
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AMENDMENT ACT, 2002
General amendment to Act 19 of 1982
17. The principal Act is hereby amended by the substitution for the words “he”, “his” and “him”, wherever they appear in the principal Act, of the words “he or she”, “his or her” and “him or her”, respectively.
Amendment of section 29 of Act 53 of 1974 5
18. Section 29 of the Pharmacy Act, 1974 (Act No. 53 of 1974), is hereby amended
“(a) the keeping of medicines or the supply of medicines to his or her own patients or clients by any medical practitioner, dentist, practitioner, veterinarian or nurse in accordance with the provisions of the [Medicine] Medicines and 10 Related Substances Control Act, 1965.”.
by the substitution for paragraph (a ) of subsection (3) of the following paragraph:
Short title and commencement
19. This Act shall be called the Veterinary and Para-Veterinary Professions Amendment Act. 2002. and shall come into operation on a date determined by the President by proclamation in the Gazerte. 15