Sterilisation Amendment Act 3 of 2005

Sterilisation Amendment Act, 2005 (No. 3 of 2005)

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.

(English text signed by the President.)
(Assented to 18 June 2005.)

Act

• to amend the Sterilisation Act, 1998, so as:
  • to substitute a definition;
  • to make provision for a medical opinion in certain circumstances;
  • to provide for additional information to be considered when contemplating sterilisation; 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 44 of 1998

1. Section 1 of the Sterilisation Act, 1998 (hereinafter referred to as the principal Act), is hereby amended by the substitution for the definition of “sterilisation” of the following definition:

“ ‘sterilisation’ means [a surgical procedure performed for the purpose of making the person on whom it is performed incapable of procreation, but does not include the removal of any gonad] a procedure whereby a person could be permanently rendered incapable of fertilisation or reproduction.”.

Amendment of section 2 of Act 44 of 1998

(a) by the substitution for subsection (1) of the following subsection:

"(1) [No] A person [is prohibited from having sterilisation performed on him or her] may be sterilised if he or she is—

(a) capable of consenting; and

(b) 18 years of age or above.";

(b) by the substitution in subsection (3) for paragraph (a) of the following paragraph:

"(a) Sterilisation may [not] be performed on a person who is under the age of 18 years [except where] if failure to do so would jeopardize the person's life or seriously impair his or her [physical] health."; and

(c) by the addition to subsection (3) of the following paragraph:

"(c) A person contemplated in paragraph (a), may be sterilised if—

(i) consent is given by a person who is lawfully entitled to give consent; and

(ii) an independent medical practitioner who, before a panel is
convened in terms of section 3(2), has consulted with the person to
be sterilised and has provided a written opinion to the effect that the
sterilisation is in the best interest of that person.".

Amendment of section 3 of Act 44 of 1998

3. Section 3 of the principal Act is hereby amended—

(a) by the substitution for the heading to section 3 of the following heading:

"Person incapable of consenting or incompetent to consent due to [severe] mental disability";

(b) by the substitution in subsection (1) for paragraph (b) of the following paragraph:

"(b) if a panel contemplated in subsection (2) after considering all relevant information, including [the fact that]—

(i) the [person is 18 years of] person's age[, unless the physical health of the person is threatened; and];

(ii) whether there [is no] are other safe and effective [method] alternatives [of contraception except] to sterilisation;

(iii) the person's mental and physical health and wellbeing;

(iv) the potential effect of sterilisation on the person's mental and physical health and wellbeing;

(v) the nature of the sterilisation procedure to he performed;

(vi) the likelihood that the person will become capable of consenting to sterilisation;

(vii) whether the sterilisation is in the best interests of the person to be sterilised; and

(viii) the benefit which the person may derive from sterilisation,

concurs that sterilisation may be performed; and";

(c) by the deletion of subsection (6); and

(d) by the substitution for subsection (7) of the following subsection:

"(7) For the purposes of this section, "[severe] mental disability" means a range of functioning extending from partial self-maintenance under close supervision, together with limited self-protection skills in a controlled environment through limited self care and requiring constant aid and supervision, to [severely] restrained sensory and motor functioning and requiring nursing care.".

Amendment of section 4 of Act 44 of 1998

4. Section 4 of the principal Act is hereby amended by the substitution for paragraph (c) of the following paragraph:

"(c) understood and signed the prescribed consent form.".

Short title

5. This Act is called the Sterilisation Amendment Act, 2004.

Commencement

22 June 2005