National Health Laboratory Service Bill: voting

The Committee voted in favour of the bill with amendments.

Clause1: Definition
Kwazulu Natal moved that the definition of "rule" contains an incorrect section reference and should read "section 27" not section 30 as it stands now.

The department concurred and the amendment agreed to

Clause 2: exclusion from the application of this Act
No amendments proposed.

Clause 3: Establishment of the National Health Laboratory Service.
KZN moved that the subsection of this clause should be numbered 1 and two respectively, rather than the present lower case roman numerical.

The department concurred and the motion was agreed to.

Clause 4: objects of Service.
KZN moved that in clause 4, subsection (a) insert the words ''and efficient" between the words "cost effective" because what we are about is the efficiency of the service rather the cost. In 4(a)(i) to omit "All" and substitute by "all" in small letters.

Both motions agreed to.

Clause 5: Functions, Powers and Duties
Gauteng moved that in this clause on page 6,in line 53, to omit "as it may deem fit" and to substitute by "subject to the relevant labour legislation". KZN proposed that in the last line of page 6 paragraph (y) a "coma" be inserted after the word "employees". The Department concurred with the proposal. The departmental officials indicated that on page 8, line 4, a new subsection 3, be inserted and it reads as follows
(3) The Service must exercise its functions, powers and duties in the interest of the Service and in accordance with the national health policy.

Clause 6 : Control of Services
KZN moved that on page 8, clause 6, subsection 2(a) to omit "and" after the word "service" and to insert "and" after the word "Service" in subsection 2(b). KZN further propose that Subsection 3 be deleted and insert (c) which reads as follows " perform such other functions as may be assigned to it by this Act. The State Law Adviser concurred with the amendment.

Clause 7: Composition of the Board.
KZN moved that in sub clause (a) of this clause to omit "of the executive committee". Gauteng and KZN moved that sub clause (b) be removed and be replaced by "one member from each province". KZN propose to omit the word "ex officio". On page 8, sub clause (d) (i), KZN moved that the word "or" be inserted after the word "matters" and also to omit "and" after the word "technology" in sub clause (f). KZN moved that the word "and" be inserted after the word "association" in sub clause (g) and a new sub clause (h) be inserted and it reads as follows "one representative from organized labour".
Motion agreed to

Clause 8: Appointment of members of Board
In subsection 2, line 36, the word "the" be inserted after the word "appointing". Free State moved that the following words "and in a national newspaper circulating in every province of the Republic" be inserted after the word "Gazette". The department and the State Law Adviser concurred with the matter. In subsection (4) to omit "other than those who serve ex officio". KZN and Gauteng proposed that subsection (6) be redrafted because it is very clumsily worded. The State Law Adviser redrafted subsection (6) and it now reads as follows, " If the number of members of the board is reduced to such an extent that a quorum cannot be obtained, the Minister may appoint any suitably qualified persons on a temporary basis to serve on the Board until new members are appointed in terms of this section.

Clause 9 Chairperson and vice-chairperson of the Board.
Eastern Cape moved that paragraphs (a and b) be deleted and the following words "must appoint a chairperson and vice-chairperson of the Board. The State law adviser concurred with the proposal. In (2) line 7-8 to omit "or if no vice-chairperson was appointed in terms of subsection (1)". In line 8,page 10 to omit "the Board members present may" and to substitute "the Minister must". On page 10, in line 11, to omit (1) and to substitute "(2)".
Motion agreed to.

Clause 10
KZN suggested that in line 30, to omit "his or her" and substitute "the" and also on page 10 in line 31, to omit "he or she" and to substitute "the member".

Clause 11
In line 38, on page 10 to omit the third and the fourth "the" and on page 12, in line 2, to omit "all courts" and to substitute "a court".
Motion agreed to

Clause 12
No amendments.

Clause 13
No amendments

Clause 14 Staff OF Services
There was some discussion about the inclusion of the labour legislation and it was agreed that the words "subject to relevant labour legislation" be inserted. The department concurred with the matter.

Clause 15
Reference was made to the purchasing of services from foreign countries. The Department and the State Law Adviser agreed that this clause be left as it is.
No amendments proposed in this clause.

Clause 16
In line 5, on page 14, to omit "subparagraph" and to substitute "paragraph".

Clause 17
The clause was agreed as it stands. No amendments proposed.

Clause 18
No amendments.

Clause 19
Gauteng moved that on page 16, in line 11, after the word "Act" and to insert "must be defrayed from the funds of the Service".
Motion agreed to

Clause 20
In line 25, on page 16 to omit "heads of provincial departments" and to substitute "Members of the Executive Council", and also from line 32-33 to omit "in a manner that ensures comprehensive cost recovery with minimal practical cross-subsidisation between tests".
Amendments agreed on.

Clause 21
No amendments proposed.

Clause 22.
No amendments proposed.

Clause 23
Kwazulu-Natal suggested on page 18, in line 18, after the word "stated" to insert "and".
Motion agreed to

Clause 24
No amendments proposed.

Clause 25 and 26
No amendments proposed.

Clause 27
Eastern Cape suggested that on page 20, from line 29, to omit "provisions of the Labour Relations Act, 1995 (Act No. 88 of 1995), and the Employment Equity Act, 1998 (Act No. 55 of 1998)" and to substitute "relevant labour legislation". In line 33, page 20, after the word "employees" to insert "within the parameters of the relevant labour legislation". On page 20, in line 36, after the word "Service" to insert "in accordance with relevant labour legislation".

The Motion was agreed to.

Clause 28 and 29
No amendments proposed.

TRANSITIONAL ARRANGEMENTS
On page 24, in line 8, after "into" to insert "operation".
On page 24, in line 14, after "(2)", to insert "and".
On page 24, in line 20, to omit "service and to substitute "Service".
On page 24, in line 28, to omit "department" and to substitute "Department", and in line 30 of the same page, after "of", to insert "the".
On page 24, in line 37, to omit "Labour Relations Act, 1995" and to substitute "relevant labour legislation".
On page 24, from line 44, to omit "South African Institute for Medical Research, the National Institute for Virology, the National Centre for Occupational Health. Forensic chemistry laboratories and provincial health laboratory services" and substitute "bodies referred to in item (2)".
On page 24, in line 46, after "force" to delete the comma.
On page 26, in line 5, to omit "National Health Laboratory", and in line 6 of the same page to omit "subsection" and to substitute "sub-item", and also in line 8, to omit "subsection" and to substitute "sub-item".
On page 26, from line 16, to omit "South African Institute for Medical Research, the National Institute for Virology, the National Centre For Occupational Health, forensic chemistry laboratories and provincial health laboratory services" and to substitute "bodies referred to in item (2)".
On page 26, in line 26, to omit "other" and substitute "all".

Voting
The committee voted on the bill. Northern Province supported the bill as amended, Kwazulu Natal supported the bill as amended, Gauteng supported the bill as amended, Free State supported the bill as amended, Northern Cape supported the bill as amended, North-West supported the bill as amended, Mpumalanga supported the bill as amended, Eastern Cape supported the bill as amended and the Western Cape province abstained.
The chairperson read the motion of desirability and the motion was agreed to.

Conclusion
The chairperson thanked all the special delegates and departmental officials.
The meeting was adjourned.


PRESENT :
Eastern Cape
Willem Mr B
Mhlahlo Mr T

Free State
Nel Dr P J C
Kompela B Mr

Gauteng
Jacobus Ms L

Kwazulu-Natal
Vilakazi Mrs J N

Mpumalanga
Mkhaliphi Mr B J

Northern Cape
Horne Mr J

Northern Province
Makoela Mr M I

North West
Maotshe, Rev P

Western Cape
Witbooi, Ms J

Apologies
Lubidla, Mrs E N
Ntlabathi Mrs S
Tlhagale Mr J O

Special Delegates
Weinberg, Ms S [Gauteng]
Millin Ms T E [KZN]
Johnson Mrs L [KZN]

These following people were in attendance:
Mr R Mabope, Department of Health, Mr T Mclachlan, State Law Adviser, Ms J van Zyl, Department of Health and the Dr Ntsaluba Director-General from the Department of Health.