Dental Technicians Amendment Bill and Traditional Health Practitioners Bill: adoption

Meeting report

SOCIAL SERVICES SELECT COMMITTEE
27 October 2004
DENTAL TECHNICIANS AMENDMENT BILL AND TRADITIONAL HEALTH PRACTITIONERS BILL: ADOPTION

Chairperson: Ms J Masilo (ANC)

Documents handed out:
Eastern Cape Dental Technicians Amendment Bill final mandate
Limpopo Dental Technicians Amendment Bill final mandate
Mpumalanga Dental Technicians Amendment Bill final mandate
Free State Dental Technicians Amendment Bill final mandate
Gauteng Dental Technicians Amendment Bill final mandate
Kwa-Zulu-Natal Dental Technicians Amendment Bill final mandate
Western Cape Dental Technicians Amendment Bill final mandate
North West Dental Technicians Amendment Bill final mandate
Northern Cape Dental Technicians Amendment Bill final mandate

Eastern Cape Traditional Health Practitioners Bill final mandate
Limpopo Traditional Health Practitioners Bill final mandate
Mpumalanga Traditional Health Practitioners Bill final mandate
Free State Traditional Health Practitioners Bill final mandate
Gauteng Traditional Health Practitioners Bill final mandate
Kwa-Zulu-Natal Traditional Health Practitioners Bill final mandate
Western Cape Traditional Health Practitioners Bill final mandate
North West Traditional Health Practitioners Bill final mandate
Northern Cape Traditional Health Practitioners Bill final mandate

Dental Technicians Amendment Bill [B63 - 2003]
Traditional Health Practitioners Bill [B66 - 2003]

SUMMARY
The Committee met to hear final mandates on the Dental Technicians Amendment Bill and Traditional Health Practitioners Bill. Department Legal Advisors provided clarity on certain key amendments and answered queries from the provinces. The Bills were adopted by the Committee without further amendments.

MINUTES

Dental Technicians Amendment Bill

Eastern Cape
The Bill was supported without further amendments.

Limpopo
The Bill was supported without further amendments.

Mpumalanga
The Bill was supported without further amendments.

Free State
The Bill was supported without further amendments.

Gauteng
The Bill was supported without further amendments.

KwaZulu-Natal
The Bill was supported without further amendments.

Western Cape
The Bill was supported without further amendments.

North West
The Bill was supported without further amendments.

Northern Cape
The Bill was supported without further amendments.

The Chairperson stated that all nine mandates had been received and no new amendments had been proposed. The Bill was adopted by Members without further discussion. Although it was not a usual process, she then asked the Department if they had any comments on the amendments.

Mr Motsapi (Legal Advisor, Department of Health) referred to clause 1 and the use of "a" and "such" within the definition of an "informally trained person". The prevailing view was that "such" did not necessarily refer to the same dentist or dental technician, and the clause should be left as it stood. The Minister had been given particular powers with the insertion of paragraph q(a) in Clause 50 of the Bill, to make regulations determining the conditions under which informally trained persons could be registered.

Mr M Sulliman (ANC) asked about the issuing of certificates to the trained dental technicians.

Mr Motsapi confirmed that certificates would be issued by training providers. The process would be governed by regulations.

Traditional Health Practitioners Bill
Mr Motsapi provided clarity on the proposed amendments arising out of provincial deliberations. The Department regarded the list of functions of the Council as adequate, and did not need to be shortened. The functions of the Council had to be clearly identified to understand the parameters of its powers and to assist with monitoring by regulatory bodies. The Council would operate in accordance with provisions of professional statutory councils, and could discipline members for improper conduct. The functions of the Council had to be understood in relation to the objectives as stipulated in clause 5. Clause 17(b) referred to the granting of permission by the Minister and Council, and not for approval of financial records. Clause 17(c) provided for compliance with the Public Finances Management Act (PFMA). The accounting officer would ensure that financial statements were submitted to auditors. The inclusion of "and" in clause 19 was not necessary, as the Council could not delegate functions not conferred by the Act.

Clause 23(1)(c) dealt with the power of the Registrar to remove a practitioner's name from the register after a certain period of absence, and was not concerned with training. Clause 23(1)(d) was designed to incentivise traditional healers to be more accountable to their patients, because they paid registration fees. The Council would incorporate representatives from the provinces. Provincial offices might be established to assist in governance. The purpose of the Council was to protect the interests of healthcare users, and not the practitioners. The Bill prohibited members of legislative structures from serving on the Council.

Powers and responsibilities of the Council were included in the list of functions in the Bill. Appointments to the Council would occur in terms of clause 47(1)(a). Registered practitioners had to provide accurate contact details to ensure that mailed Council decisions were received.

The Chairperson then requested final mandates from the provinces.

Eastern Cape
The Bill was supported without further amendments.

Free State
The Bill was supported without further amendments.

Gauteng
The Bill was supported without further amendments.

The provincial committee recommended that the Bill be translated into indigenous languages to assist in communication. Concerns had been raised over capacity-building for practitioners, the registration of foreign qualified healers, and the lack of proper consultation with practitioners.

Kwa-Zulu-Natal
The Bill was supported without further amendments.

Northern Cape
The Bill was supported without further amendments.

Limpopo
The Bill was supported without further amendments.

Mpumalanga
The Bill was supported without further amendments.

Western Cape
The Bill was supported without further amendments.

North West
The Bill was supported without further amendments.

Mr B Tolo (ANC) stated that the concerns raised by Gauteng were procedural and not proposed amendments, and therefore the Committee could support the Bill.

Mr Motsapi responded that the Bills would not be translated into all official languages. However, extensive educational road-shows would occur following the promulgation of the Act. The wider public communication of the Bill would be a priority.

Mr Tolo emphasised the responsibility of the NCOP to encourage provinces to translate legislation into local languages and to augment communication strategies.

The Chairperson agreed that Bills needed to appear in other languages particularly with specific target audiences such as rural communities.

The Bill was adopted by the Committee without further discussion.

The Chairperson stated that the Bills would be debated in KwaZulu-Natal on 4 November 2004

The meeting was adjourned.