South African Act No. 10 of 2002
Veterinary and Para-Veterinary Professions Act
3 June 2002
GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in square brackets indicate
omissions from existing enactments.
_ Words underlined with a solid line indicate
insertions in existing enactments.
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.
BE IT ENACTED by the Parliament of the Republic of
South Africa, as follows:
Amendment of section 1 of Act 19 of 1982, as amended by
section 1 of Act 19 of 1989
- Section 1 of the Veterinary and Para-Veterinary
Professions Act, 1982 (hereinafter referred to as the
principal Act), is hereby amended-
- by the substitution for the definition of "officer"
of the following definition:
" `officer' means an otficer as defined in
section 1 of the Public Service Act, [1984 (Act No. 111
of 1984)] 1994 (Proclamation No. 103 of 1994);";
and
- by the insertion after the definition of "prescribe"
of the following definition:
" 'private company' means a company incorporated
and registered as a private company in terms of the
Companies Act, 1973 (Act No. 61 of 1973);".
Amendment of section 5 of Act 19 of 1982, as amended by
section 2 of Act 19 of 1998
- Section 5 of the principal Act is hereby amended-
- by the substitution for subsection (1) of the
following subsection:
"(1) Whenever it becomes necessary to designate or
elect the members of the council, the following
procedure shall be followed:
- Before the expiration of the period of office of
the outgoing council, an election shall be held in
the prescribed manner for-
- 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;
- 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.
- The Minister shall, after consultation with the
outgoing council, appoint a selection panel, which
must consist of-
- three veterinarians or veterinary
specialists;
- one para-veterinary professional;
- one non-veterinary professional.
- The selection panel shall select-
- two persons on account of their knowledge of
law;
- eight veterinarians or veterinary
specialists;
- two non-veterinarians.
- The rector or principal of each university in
the Republic that has a faculty of veterinary
science, shall nominate at least three
veterinarians or veterinary specialists who are fit
and proper persons.";
- 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;
- six veterinarians or veterinary specialists from
the ten persons elected as contemplated in
subsection (1)(a)(i), of whom-
- the three persons with the most votes in
that election qualify automatically to be
members of the council;
- three further persons shall be designated by
the Minister;
- one representative of each para-veterinary
profession elected as contemplated in subsection
(1)(a)(ii);
- one person from the persons referred to in
subsection (1)(c)(i), designated by the Minister;
- five persons designated by the Minister from the
persons referred to in subsection (1)(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 (I )(d); and
- one representative designated by the South
African Veterinary Association from its members.";
- 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.
(213) 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.";
- by the substitution for subsection (3) of the
following subsection:
"(3) Whenever any designation in terms of subsection
[(1)(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
- 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 or she deems fit, to be a
member of the council in the place of a person to be
designated in terms of subsection [(1)(b) or (c)]
(2)(f ) or (g). '.
Amendment of section 6 of Act 19 of 1982, as amended by
section 3 of Act 19 of 1989
- Section 6 of the principal Act is hereby amended-
- by the substitution for subsection (I) of the
following subsection:
"(1) No person shall be designated as a member of
the council in terms of section [5(1)(b) or (c)]
5(2)(a), (d), (e), (f) or (g) or elected as a
member of the council by virtue of section
[5(1)(d)] 5(2) b) if-
- he or she is not a veterinarian or
veterinary specialist, where required to be
so;
- he or she is not a South African
citizen;
- he or she is not permanently resident
in the Republic;
- 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);
- his or her estate has been
sequestrated or surrendered or he or she has
entered into a composition with his or her
creditors;
- 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
- he or she does not satisfy the
prescribed requirements with regard to the
election of members of the council.";
- by the substitution for subsection (1 A) of the
following subsection:
"(1 A)(a) No person shall be elected as a member of
the council by virtue of section [5(1)(e)] 5 2
c) unless [he] such person is
registered or deemed to be 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(1)(e)]
5(2)(c')."; and
(c) by the substitution for subsection (2) of the
following subsection:
"(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 disgraceful conduct
after an inquiry under section 31 [of this Act]
and the council has exercised its disciplinary
powers in terms of section 33(I)(b), (c) off.".
Amendment of section 8 of Act 19 of 1982, as amended by
section 4 of Act 19 of 1989
- Section 8 of the principal Act is hereby amended-
- by the substitution for paragraph (c) of subsection
(1) of the following paragraph:
"(c) he or she, in the case of a member
designated [in terms of section 5(1)(a)]-
- in terms of section 5(2)(a) or (d),
tenders his or her resignation in writing to
the Minister; or
- in terms of section 5(2)(a), ceases to be
an officer;";
- 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 [5(1)(b)] 5 2)
' -
- tenders his or her resignation in writing to the
rector or principal of the university in question;
or
- ceases to be a [professor or lecturer in
veterinary science at the said university]
fit and proper person;";
- by the substitution for paragraph (e) of subsection
(1) of the following paragraph:
"(e) he or she, in the case of a member designated in
terms of section [5(1)(c)] 5(2)(g)-
- tenders his or her resignation in writing to the
president of the council; or
- ceases to be a member of the South African
Veterinary Association;";
- by the substitution for paragraph (f) of subsection
(1) of the following paragraph:
"(f) he or she, in the case of a member
elected by virtue of section [5(1)(d) or (e)]
5(2)(b) or (c) tenders his or her resignation
in writing to the president of the council; or";
- 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 in which the 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 or her office or dies,
was designated or elected."; and
- by the insertion of the following subsection after
subsection (2):
"(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
- Section 9 of the principal Act is hereby amended by the
deletion of subsection (1).
Amendment of section 14 of Act 19 of 1982
- 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
- Section 20 of the principal Act is hereby amended-
- by the substitution for subparagraph (ii) of
paragraph (b) 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 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
- by the substitution for paragraph (c) of subsection
(5) of the following 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 1989
- Section 24 of the principal Act is hereby amended-
- by the substitution for paragraph (b) of subsection
(1) of the following paragraph:
"(b) in the case of a juristic person, that
[juristic] person is a corporation or a private
company."; and
- by the addition of the following subsection:
" (5) (a) Notwithstanding the provisions of
subsection (1), a private company shall be registered in
terms of this Act only if-
- 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 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
- Section 28 of the principal Act is hereby amended-
- by the substitution for paragraph (dA) of subsection
(1) of the following paragraph:
"(dA) in the case of a corporation or a private
company-
- that corporation or private company
ceases to exist; or
- the provisions of section 24(4) or 24(5), as
the case may be, are no longer complied with;";
and
- by the substitution for paragraph (a) of subsection
(lA) 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 terms
of this Act, be held by [his] such person's
estate or by [himself] such 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 on application determine.".
Amendment of section 31 of Act 19 of 1982, as amended by
section 10 of Act 19 of 1989
- Section 31 of the principal Act is hereby amended by the
substitution for paragraph (a) of subsection (6) of the
following paragraph:
"(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
- Section 33 of the principal Act is hereby amended by the
insertion after paragraph (a) of subsection (1) of the
following paragraph:
"(aA) impose a fine not exceeding the amount
determined by the Minister by notice in the Gazette;".
Amendment of section 41 of Act 19 of 1982
- 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), (d), (e), (f),
(g), (h), (i), (j) or (k), be liable to a fine [not
exceeding R2 000] or to imprisonment for a period
not exceeding one year, or to both [such] a
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 referred to in that [subparagraph]
paragraph , be liable to a fine [not
exceeding R10 000] or to imprisonment for a period
not exceeding five years, or to both [such] a
fine and such imprisonment;
(iii) on a first conviction of an offence referred to in
paragraph (l), (m), (n), (o), (p), (g) or (r), be liable
to a fine [not exceeding R500] or to imprisonment
for a 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 exceeding
R2 000] or to imprisonment for a period not
exceeding one year, or to both [such] a
fine and such imprisonment." .
Deletion of section 42 of Act 19 of 1982
- Section 42 of the principal Act is hereby deleted.
Amendment of section 43 of Act 19 of 1982
- Section 43 of the principal Act is hereby amended by the
substitution for subsection (3) of the following subsection:
"(3) A regulation may, for any contravention thereof
or failure to comply therewith, prescribe [penalties
not exceeding a fine of 8500 or not exceeding imprisonment
for a period of three months] a fine or imprisonment
for a period not exceeding three months, or both
[such] a fine and such imprisonment [for any
contravention of or failure to comply with its provisions].".
Substitution of section 44 of Act 19 of 1982
- The following section is hereby substituted for section
44 of the principal Act:
"Repeal of laws
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
- (1) A new council shall be established in accordance
with the procedure set out in 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.
General amendment to Act 19 of 1982
- 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
- Section 29 of the Pharmacy Act, 1974 (Act No. 53 of
1974), is hereby amended by the substitution for paragraph
(a) of subsection (3) of the following paragraph:
"(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 Related Substances Control Act,
1965.".
Short title and commencement
- 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 Gazette.
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