Tobacco Products Control Amendment Bill & Medicines and Related Substances Amendment Bill: adoption of NCOP amendments

Meeting report

Tobacco Products Control Amendment Bill B7C 2008: Consideration of amendments proposed by the National Council of Provinces (NCOP)
The Chairperson tabled the proposed amendments to the Tobacco Products Control Amendment Bill, as suggested by the NCOP.

Ms Xoliswa Mdludlu, State Law Adviser, Office of the Chief State Law Adviser, noted that the changes to Clause 1 were intended merely to effect a correction of an omission by the printers. The amendment to Clause 8 was an amendment to correct the numbering as a result of the omission of certain subsections.

Members agreed that the amendments were straightforward, and adopted them.

Medicines and Related Substances Amendment Bill B44-2008: NCOP proposed amendments
The Chairperson noted that the amendments suggested by the National Council of Provinces (NCOP) to the Medicines and Related Substances Amendment Bill had been tabled.

Ms Ntombi Mniyikiso, State Law Adviser, Office of the State Law Adviser, explained that if this Committee decided not to accept the changes that had been proposed, then this would mean that the matter must be referred back again to the NCOP, which would entail a lengthy procedure.

Discussion
Mr M Waters (DA) pointed out that the Members had already agreed on an advisory committee and noted that if all powers were not vested in one body, there would be checks and balances.

Ms Mniyikiso explained that the amendment to Clause 2, by use of the words “as an organ of state but outside the public service” was intended to clarify that the organ of state was outside the public service.

Mr Anban Pillay, Director, Department of Health, expressed his concern over the word “may”’ in Clause 2(4) on page 4 of the Bill.

Ms M Manana (ANC) agreed that this was a potential problem.

With regard to Clause 30 of the Bill, Mr Waters felt that the Minister should appoint the Chairperson, and he suggested that the convening of an appeal committee did not make sense.

Mr Pillay felt that there might be delays due to the Minister’s lack of specialist knowledge, so that the issue would not be resolved timeously.

Dr R Rabinowitz (IFP) thought the members were splitting hairs and urged that all amendments be supported because they all made sense taken together.

Ms Mandisa Hela, Registrar of Medicines Control Council, stated that the principle was to give the appellant a chance to bring his or her own experts, to deal with the matter at this level first, and thereby avoid a problem that would end up in court.

The Chairperson felt the Members did not understand the thrust of this section.

Members examined the amendments proposed by the NCOP, and, after debate, agreed to accept all of them.

Dr R Rabinowitz suggested that when the matter was heard in the House, there should be either a short debate or declarations, as the public needed to be made aware of these major changes.

The meeting was adjourned.