Long title
To amend the Nursing Act, 1978, so as to amend certain definitions and
to define certain expressions; to provide for the establishment of the
South African Interim Nursing Council; to further regulate the objects
and powers of the said council; to provide for the constitution of the
said council; to further regulate the filling of vacancies on the said
council; to provide for the abolition of the various nursing councils
in the Republic; and to provide for the rationalisation of certain laws
relating to nursing that remained in force in various areas of the
national territory of the Republic by virtue of section 229 of the
Constitution; and to provide for matters connected therewith.
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[Act 1995_005_000 Long title unamended wef 1995/04/12]
1. Amendment of section 1 of Act 50 of 1978, as amended by section 26
of Act 94 of 1991 and section 1 of Act 21 of 1992
Section 1 of the Nursing Act, 1978 (hereinafter referred to as the
principal Act), is hereby amended-
(a) by the insertion after the definition of "approved nursing school"
of the following definitions:
[ " 'Bophuthatswana Nursing Council' means the Bophuthatswana Nursing
Council established by section 53 of the Health and Related-
Professions Act, 1985 (Act No. 33 of 1985) (Bophuthatswana); 'Ciskeian
Nursing Council' means the Ciskeian Nursing Council established by
section 2 of the Nursing Act, 1984 (Act No. 13 of 1984) (Ciskei); ] ";
(b) by the substitution for the definition of "council" of the
following definition:
" 'council' means the South African [ Interim] Nursing Council
[referred to in ] [ established by ] section 2;";
(c) by the insertion after the definition of "council" of the following
definition:
" [ ' Director-General' means the Director-General: Health or his or
her nominee; ] ";
(d) by the substitution for the definition of "Minister" of the
following definition:
" 'Minister' means the Minister of [ National ]
Health;";
(e) by the insertion after the definition of "scheduled substance" of
the following definition:
[ " ' South African Nursing Council' means the South African Nursing
Council referred to in section 2 of this Act prior to the amendment of
the said section 2 by the Nursing Amendment Act, 1995; ] ";
(f) by the insertion after the definition of "this Act" of the
following definitions:
[ " 'Transitional Nurses Committee' means the organisation consisting
of the nursing associations of South Africa, the former Republics of
Transkei, Bophuthatswana, Venda and Ciskei, the former self-governing
territories as well as various other organisations which represent
nurses; 'Transkei Nursing Council' means the Transkei Nursing Council
established by section 2 of the Nursing Act, 1978 (Act No. 6 of 1978)
(Transkei). ] ".
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[Act 1995_005_001 unamended wef 1995/04/12]
2. Substitution of heading to Chapter 1 of Act 50 of 1978
The following heading is hereby substituted for the heading to Chapter
1 of the principal Act:
" [Continued Existence and ] Objects, Functions and Powers of the South
African [ Interim] Nursing Council".
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[Act 1995_005_002 unamended wef 1995/04/12]
3. Substitution of section 2 of Act 50 of 1978
The following section is hereby substituted for section 2 of the
principal Act:
"Establishment of South African Interim Nursing Council
[ 2. (1) There is hereby established a juristic person to be known as
the South African Interim Nursing Council and the first meeting of the
council shall be convened by the Director-General.
(2) The head office of the council shall be situated at Pretoria.
(3) The council shall, at its first meeting, appoint an acting
registrar to perform the functions of the registrar until a registrar
is appointed in terms of section 12. ] ".
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[Act 1995_005_003 unamended wef 1995/04/12]
4. Amendment of section 3 of Act 50 of 1978
Section 3 of the principal Act is hereby amended by the addition of the
following paragraphs:
[ "(f) to make recommendations to the Minister on the constitution of
a new council within a period not exceeding two years from the date of
the commencement of the Nursing Amendment Act, 1995;
(g) to advise the Minister on the amendment or adaptation of this Act
so as to support the universal norms and values of the nursing
profession and to place greater emphasis on professional practice,
democracy, transparency, equity, accessibility and community
involvement. ] ".
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[Act 1995_005_004 unamended wef 1995/04/12]
5. Substitution of section 5 of Act 50 of 1978, as substituted by
section 3 of Act 21 of 1992
The following section is hereby substituted for section 5 of the
principal Act:
"Constitution of council
[ 5.(1) The council shall consist of the following members, appointed by
the Minister, namely-
(a) eight registered nurses designated by the South African Nursing
Council from its members taking into account provincial representation;
(b) two registered nurses designated by the Transkei Nursing Council
from its members;
(c) three registered nurses designated by the Bophuthatswana Nursing
Council from its members;
(d) two registered nurses designated by the Ciskeian Nursing Council
from its members;
(e) nine registered nurses designated by the Transitional Nurses
Committee taking into account provincial representation;
(f) two officers of the Department of Health;
(g) one person registered as a pharmacist in terms of the Pharmacy Act,
1974 (Act No. 53 of 1974), and who practises as such;
(h) one person registered as a medical practitioner in terms of the
Medical, Dental and Supplementary Health Service Professions Act, 1974
(Act No. 56 of 1974), and who practises as such;
(i) one person appointed on account of his or her knowledge of the law;
(j) five other persons.
(2) The councils mentioned in subsection (1) (a), (b), (c) and (d) and
the Transitional Nurses Committee mentioned in subsection (1)(e) shall,
within 14 days of the date of the commencement of the Nursing Amendment
Act, 1995, inform the Director-General in writing of the names of the
persons designated by them in terms of the relevant provisions of
subsection (1).
(3)
(a) If the councils mentioned in subsection (1)(a), (b), (c) and (d)
and the Transitional Nurses Committee mentioned in subsection (1)(e)
fail to designate persons in terms of those provisions or fail to
inform the Director-General under subsection (2) of the names of the
persons so designated, the Minister shall appoint any qualified persons
up to the number required, as members of the council.
(b) The Director-General shall, in the case of a failure contemplated
in paragraph (a), immediately inform the Minister thereof in writing.
(4) As soon as possible after the appointment of the members of the
council the Minister shall inform the Director-General of the names of
the persons appointed by him or her.
(5) The names of the members of the council and the date of
commencement of their period of office shall be published by the
Director-General in the Gazette as soon as possible after the
constitution of the council.
(6) Subject to the provisions of section 6, the members of the council
shall hold office as from the date contemplated in subsection (5) until
the constitution of a new council but not exceeding a period of two
years. ] ".
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[Act 1995_005_005 unamended wef 1995/04/12]
6. Amendment of section 6 of Act 50 of 1978, as amended by section 46
of Act 97 of 1986 and section 4 of Act 21 of 1992
Section 6 of the principal Act is hereby amended-
(a) by the substitution for paragraph (g) of subsection (1) of the
following paragraph:
[ "(g) he or she ceases to hold any qualification necessary for his or
her appointment or tenders his or her resignation in writing to the
Minister and the Minister accepts his or her resignation; ] ";
(b) by the substitution for subsection (2) of the following subsection:
"(2) Every vacancy on the council arising from a circumstance referred
to in subsection (1) and every vacancy caused by the death of a member,
shall be filled by appointment [designation or election, as the case
may be, by the person or body by whom and in the manner in which the
vacating member was required to be appointed, designated or elected ] [ by the Minister of a person nominated by the Council ] and every
member so appointed [designated or elected ] shall hold office for the
unexpired portion of the period for which the vacating member was
appointed [designated or elected ] .".
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[Act 1995_005_006 unamended wef 1995/04/12]
7. Amendment of section 10 of Act 50 of 1978, as amended by section 7
of Act 21 of 1992
Section 10 of the principal Act is hereby amended by the substitution
for subsection (1) of the following subsection:
"(1) There shall be an executive committee of the council consisting of
the president, the vice-president and the treasurer, and one member
appointed in terms of section 5(1) [ (a)(i) ] [ (f) ] , one member
appointed in terms of section 5(1) [ (a)(ii) ] [ (i) ] and other
members of the council designated by the council.".
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[Act 1995_005_007 unamended wef 1995/04/12]
8. Amendment of section 12 of Act 50 of 1978
Section 12 of the principal Act is hereby amended by the deletion of
subsection (4).
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[Act 1995_005_008 unamended wef 1995/04/12]
9. Substitution of section 14 of Act 50 of 1978
The following section is hereby substituted for section 14 of the
principal Act:
"Minister may rectify defects
14. If anything required to be done under this Act in connection with
the appointment [designation or election] of any member is omitted or
not done within the time or in the manner required by this Act, the
Minister may order all such steps to be taken as may be necessary to
rectify the omission or error, or may validate anything done in an
irregular manner or form, in order to give effect to the objects of
this Act.".
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[Act 1995_005_009 unamended wef 1995/04/12]
10. Amendment of section 45 of Act 50 of 1978, as amended by section 21
of Act 21 of 1992
Section 45 of the principal Act is hereby amended by the deletion of
subparagraph (ii) of paragraph (a) of subsection (1).
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[Act 1995_005_010 unamended wef 1995/04/12]
11. Substitution of section 45A of Act 50 of 1978, as inserted by
section 2 of Act 70 of 1982 and substituted by section 1 of Act 56 of
1987
The following section is hereby substituted for section 45A of the
principal Act:
"Abolition of certain councils, and transitional arrangements
[ 45A.
(1) The South African Nursing Council, the Bophuthatswana Nursing
Council, the Transkei Nursing Council and the Ciskeian Nursing Council
shall cease to exist on the day immediately preceding the date of the
first meeting of the council, and all rights, obligations, assets and
liabilities acquired or incurred, as the case may be, by the South
African Nursing Council, the Bophuthatswana Nursing Council, the
Transkei Nursing Council and the Ciskeian Nursing Council, shall
immediately vest in the council and the council shall be deemed to have
acquired or incurred such rights, obligations, assets and liabilities
in terms of this Act.
(2)
(a) The registrar of deeds in question shall make, at the request of
the council and on submission of the relevant title deeds and other
documents, the necessary entries and endorsements in respect of his or
her registers and other documents in order to give effect to any
transfer contemplated in subsection (1).
(b) No transfer duty, stamp duty or other fees shall be payable in
respect of such transfer, entry or endorsement. ] ".
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[Act 1995_005_011 unamended wef 1995/04/12]
12. Amendment of section 46 of Act 50 of 1978
Section 46 of the principal Act is hereby amended by the deletion of
subsection (5).
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[Act 1995_005_012 unamended wef 1995/04/12]
13. Substitution of long title of Act 50 of 1978
The following long title is hereby substituted for the long title of
the principal Act:
"ACT
To consolidate and amend the laws relating to the professions of
registered or enrolled nurses, nursing [assistants] [ auxiliaries ]
and midwives; and to provide for matters incidental thereto.".
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[Act 1995_005_013 unamended wef 1995/04/12]
14. Repeal of laws, and savings
(1) Subject to the provisions of this section, the laws mentioned in
the second column of the Schedule are, from the date on which the South
African Nursing Council, the Bophuthatswana Nursing Council, the
Transkei Nursing Council and the Ciskeian Nursing Council are abolished
in terms of section 45A of the Nursing Act, 1978 (Act No. 50 of 1978)
(in this section referred to as the principal Act), repealed as
indicated in the third column of the Schedule, to the extent that such
laws were in force in the various areas of the national territory of
the Republic as set out in the fourth column of the Schedule,
immediately prior to the commencement of the Constitution of the
Republic of South Africa, 1993 (Act No. 200 of 1993).
(2) Any proclamation, notice, regulation, authorisation or order
issued, made, granted or done in terms of a provision of any law
repealed in terms of subsection (1) shall, unless inconsistent with any
provision of the principal Act, be deemed to have been issued, made,
granted or done under the corresponding provision of the principal Act,
and shall remain in force until withdrawn or repealed, as the case may
be, by the South African Interim Nursing Council established by section
2 of the principal Act (in this section referred to as the interim
council).
(3)
(a) Any registration or enrolment, or any removal from a register or
roll, or any appointment or any other thing done in terms of a
provision of any law repealed by subsection (1) shall be deemed to have
been done under the principal Act.
(b) Any person enrolled as a nursing assistant or a pupil nursing
assistant in terms of a provision of any law repealed by subsection (1)
shall be deemed to have been enrolled as a nursing auxiliary or a pupil
nursing auxiliary under section 16 or 24 of the principal Act, as the
case may be.
(4) Notwithstanding the provisions of subsection (1), any inquiry into
alleged improper or disgraceful conduct, including any preliminary
investigation undertaken to determine whether prima facie evidence
exists which would justify such inquiry, instituted by a council
abolished under section 45A of the principal Act and which has not been
concluded at the date of the first meeting of the interim council shall
be continued and concluded by the interim council in accordance with
the provisions of the law under which the inquiry was instituted, as if
such law had not been repealed.
(5) Notwithstanding the provisions of subsection (1), the interim
council shall have the power to institute and conclude disciplinary
proceedings under the relevant provisions of the repealed laws in
accordance with the procedures as prescribed by regulations made under
section 45 of the principal Act, against any person who, at any time
prior to the first meeting of the interim council, is alleged to have
committed an act which may have constituted improper or disgraceful
conduct in terms of the provisions of the repealed laws or any
regulation made thereunder: Provided that the interim council shall not
institute proceedings against any person, unless the nature of the
contravention which such person is alleged to have committed in terms
of the repealed laws or any regulation made thereunder, is
substantially the same as that of a contravention contemplated in the
corresponding provisions of the principal Act or any regulation made
thereunder.
(6) Any act performed or decision taken by the Bophuthatswana Nursing
Council, the Transkei Nursing Council and the Ciskeian Nursing Council,
shall be deemed to have been performed or to have been taken, as the
case may be, in terms of the corresponding provisions of the principal
Act.
(7) Any person who was employed by the South African Nursing Council,
the Bophuthatswana Nursing Council, the Transkei Nursing Council or the
Ciskeian Nursing Council immediately prior to the date referred to in
subsection (1), shall be deemed to have been appointed by the interim
council in terms of section 12 of the principal Act.
(8) Any person who, immediately prior to the date referred to in
subsection (1), was the registrar of the South African Nursing Council,
the Bophuthatswana Nursing Council, the Transkei Nursing Council or the
Ciskeian Nursing Council, shall, within 14 days after the commencement
of this Act, furnish the Director-General: Health with the registers,
rolls, minutes, financial statements and any other relevant documents
of their respective councils.
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[Act 1995_005_014 unamended wef 1995/04/12]
15. Extension of application of Act 50 of 1978
The Nursing Act, 1978 (Act No. 50 of 1978), as it was in force
immediately prior to the commencement of the Nursing Amendment Act,
1995, in the national territory of the Republic excluding the areas
which comprised the former Republics of Transkei, Bophuthatswana, Venda
and Ciskei and the areas which comprised the territories declared under
section 26 of the Self-governing Territories Constitution Act, 1971
(Act No. 21 of 1971), to be self-governing territories shall, from the
date referred to in section 14(1) of the Nursing Amendment Act, 1995,
also apply in all the aforesaid areas of the national territory of the
Republic.
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[Act 1995_005_015 unamended wef 1995/04/12]
16. General provision
During the period of existence of the South African Interim Nursing
Council the name "South African Nursing Council' shall be deemed to be
the name of the said interim council, for purposes of the issue of
certificates, diplomas and distinguishing devices, as well as for the
use on letterheads or on any other place where the emblem and name of
the South African Nursing Council is used.
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[Act 1995_005_016 unamended wef 1995/04/12]
17. Short title
This Act shall be called the Nursing Amendment Act, 1995.
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[Act 1995_005_017 unamended wef 1995/04/12]
SCHEDULE. LAWS REPEALED BY SECTION 14
| Number and year of law |
Short title |
Extent of repeal |
Area of national
territory in respect which law is repealed |
| Act No. 69 of 1957 |
Nursing Act, 1957 |
The whole |
The territory of the
former public of Venda and the territory of the former self-governing
territory of Lebowa |
| Act No. 31 of 1970 |
Nursing Amendment Act, 1970 |
The whole |
The
territory of the former Republic of Venda and the territory of the
former self-governing territory of Lebowa |
| Act No. 50 of 1972 |
Nursing Amendment Act, 1972 |
The whole |
The
territory of the former Republic of Venda and the territory of the
former self-governing territory of Lebowa |
| Act No. 6 of 1978 (Transkei) |
Nursing Act, 1978 |
The whole, except
sections 27 to 36 inclusive |
The territory of the former Republic of
Transkei |
| Act No. 50 of 1978 |
Nursing Act, 1978 |
The whole |
The territories of
the former self-governing territories of KwaNdebele and KaNgwane |
| Act No. 12 of 1979 (Transkei) |
Nursing Amendment Act, 1979 |
The whole |
The territory of the former Republic of Transkei |
| Act No. 16 of 1981(Transkei) |
General Law Amendment Act, 1981 |
Section
6 |
The territory of the former Republic of Transkei |
| Act No. 71 of 1981 |
Nursing Amendment Act, 1981 |
The whole |
The
territory of the former self-governing territory of KaNgwane |
| Act No. 70 of 1982 |
Nursing Amendment Act, 1982 |
The whole |
The
territory of the former self-governing territory of KaNgwane |
| Act No. 13 of 1984 (Ciskei) |
Nursing Act, 1984 |
The whole |
The
territory of the former Re-public of Ciskei |
| Act No. 12 of 1985 (Gazankulu) |
Gazankulu Nursing Act, 1985 |
The whole |
The territory of the former self-governing territory of Gazankulu |
| Act No. 15 of 1985 (KwaZulu) |
KwaZulu Nursing Act, 1985 |
The whole |
The
territory of the former self-governing |territory of KwaZulu |
| Act No. 22 of 1985 (Transkei) |
General Law Amendment Act, 1985 |
Sections 8 and 9 |
The territory of the former Republic of Transkei |
| Act No. 25 of 1985 (Transkei) |
Health Laws Amendment Act, 1985 |
Sections 11 to 14 inclusive |
The territory of the former Republic of
Transkei |
| Act No. 33 of 1985 (Bophuthatswana) |
Health and Related Professions
Act, 1985 |
Chapter 4 |
The territory of the former Republic of
Bophuthatswana |
| Act No. 3 of 1986 (Ciskei) |
Nursing Amendment Act, 1986 |
The whole |
The
territory of the former Republic of Ciskei |
| Act No. 8 of 1986 (Qwaqwa) |
Qwaqwa Nursing Act, 1986 |
The whole |
The
territory of the former self-governing territory of Qwaqwa |
| Act No.18 of 1986 (Transkei) |
Nursing Amendment Act, 1986 |
The whole |
The territory of the former Republic of Transkei |
| Decree No. 2 of 1989 (Transkei) |
Nursing Amendment Decree, 1989 |
The
whole |
The territory of the former Republic of Transkei |
| Act No. 12 of 1989 (KwaZulu) |
Nursing Amendment Act, 1989 |
The whole |
The territory of the former self-governing territory of KwaZulu |
| Act No. 20 of 1989 (KwaNdebele) |
Nursing Amendment Act,1989 |
The whole |
The territory of the former self-governing territory of KwaNdebele |
| Decree No. 20 1990 (Transkei) |
Decree: Nursing Act Rectification of
Nursing Council Elections, 1990 |
The whole |
The territory of the former
Republic of Transkei |
| Decree No. 48 of 1990 (Ciskei) |
Nursing Amendment Decree, 1990 |
The
whole |
The territory of the former Republic of Ciskei |
| Act No. 12 of 1991(KwaZulu) |
KwaZulu Nursing Amendment Act, 1991 |
The
whole |
The territory of the former self-governing territory of KwaZulu |
_______________
[Act 1995_005_014 Schedule unamended wef 1995/04/12]
