NO. 14 OF 1999: PREVENTION AND TREATMENT OF DRUG DEPENDENCY ACT, 1999.
Act, 1999. GENERAL EXPLANATORY NOTE: Words in bold type indicate omissions from existing enactments. Words in italics indicate insertions in existing enactments.
To amend the Prevention and Treatment of Drug Dependency Act, 1992, so as to delete a definition and define certain expressions; to establish the Central Drug Authority; and to provide for the assistance of the Drug Authority by a secretariat; and to provide formatters connected therewith.
106 of 1996 1.
by the insertion after the definition of "Minister" of the following definition: "'National Drug Master Plan' means the national drug strategy setting out the policy and strategies against the abuse of drugs as adopted by Cabinet;".
Substitution of section 2 of Act 20 of 1992 2.
2.(1) There is hereby established a body to be known as the Central Drug Authority, which may exercise the powers and shall perform the duties conferred or imposed upon the Drug Authority by or in terms of this Act.
not more than 12 other members, who shall be persons who have special knowledge of or experience in the problem relating to the abuse of drugs or who are able to make a substantial contribution to the combating of such problem.
the Minister has through the media and by notice in the Gazette invited nominations of persons as members of the Drug Authority; and the parliamentary committees for welfare of the National Assembly and the National Council of Provinces have made recommendations to the Minister in relation thereto after a transparent and open process of considering persons so nominated.
A member of the Drug Authority shall be appointed for a period not exceeding five years, and upon such conditions as the Minister may determine at the time of making the appointment: Provided that the period of office of a member may at any time be terminated by the Minister for reasons which are just and fair.
A member of the Drug Authority may on the expiration of any period for which he or she was appointed, be reappointed.
If the office of any member of the Drug Authority becomes vacant before the expiration of the period for which he or she was appointed, the Minister shall, subject to the applicable provisions of subsections (2) and (3), appoint another person to hold office for the unexpired portion of the period for which his or her predecessor was appointed.
Any member of the Drug Authority who is not an officer in the public service, may be paid such fees or travelling and subsistence allowance, while engaged upon the business of the Drug Authority, as the Minister may, with the concurrence of the Minister of Finance, determine.
One of the members of the Drug Authority shall be designated by the Minister as chairperson of the Drug Authority, and at the first meeting of every newly constituted Drug Authority the members of the Drug Authority shall elect a vice-chairperson from their number.
The vice-chairperson shall, when acting in the place of the chairperson, in all respects have all the powers and perform all the duties of the chairperson.
In the event of the absence of both the chairperson and the vice-chairperson from any meeting of the Drug Authority, the members present at that meeting shall elect one of their number to preside at that meeting.
The first meeting of the Drug Authority shall be held at a time and place to be determined by the Minister, and subsequent meetings shall be held at least twice a year and at such times and places as the chairperson with the approval of the Minister may determine.
The Drug Authority shall, as soon as may be practicable after it has been established, frame rules governing its quorum, the procedure at meetings and, generally, the conduct of its functions, and may from time to time alter or revoke any such rules.
Such rules shall have no force and effect unless they have been approved by the Minister.
The Drug Authority shall annually, not later than the first day of June, submit to the Minister a report on all its functions as well as a comprehensive description of the national effort to reduce and eliminate the abuse of drugs during the previous year.
The report referred to in paragraph (a) shall be laid upon the table in Parliament within 14 days after it is submitted to the Minister, if Parliament is then sitting, or, if Parliament is not then sitting, within 14 days after its next sitting day.
Insertion of section 2A in Act 20 of 1992 3.
2A. (1) Work incidental to the performance of the functions of the Drug Authority shall, subject to the control and directions of the Drug Authority, be performed by a secretariat consisting of the Director: Secretariat of the Central Drug Authority and two or more assistants.
The Director and assistants referred to in subsection (1) shall be suitably qualified and experienced persons appointed by the Minister on such terms and conditions as the Minister with the concurrence of the Minister of Finance may determine.
Department or institution in question.
Substitution of section 3 of Act 20 of 1992 4.
may exercise such powers and shall perform such duties as may be determined by the Minister from time to time.
Section 4 of the principal Act is hereby amended by the substitution for the word "Board", wherever it occurs, of the expression "Drug Authority".
The Board Drug Authority may subject to the approval of the Minister from time to time establish such other committees as it may deem necessary to investigate and report to it on any matter relating to the functions of the Board give effect to the National Drug Master Plan.
Any member of a committee who is not an officer in the public service, may be paid such fees or travelling and subsistence allowance, while he or she is engaged upon the business of the committee, as the Minister may, with the concurrence of the Minister of State Expenditure Finance, determine.
Any committee may make rules in relation to the holding of, and procedure at, its meetings.
This Act is called the Prevention and Treatment of Drug Dependency Amendment Act, 1999.