ACT.DG S NTOMBELA 31 JULY 2012

1. PRESENTATION TO THE PORTFOLIO COMMITTEE ON THE PROPOSED DRAFT AMENDMENT TO THE VETERINARY AND PARAVETERINARY PROFESSIONSACT, 1982 ACT.DG S NTOMBELA 31 JULY 2012

2. PRESENTATION OUTLINE Policy considerations Objects of the Bill Progress to date Veterinary and Para veterinary professions Act Proposed amendments/ Insertions Advise obtained

3. OBJECTIVE OF DAFF Economic growth and transformation of the AFF sector will contribute towards: Reducing the cost of basic foodstuffs as well as the cost of living; Employment creation and increasing the number of participants in the sector; Improving the income and conditions of workers; Enhance exports; and Ensure the sustainable use of natural resources

4. POLICY CONSIDERATIONS TO AMENDMENT OF ACT Outcome 7: Vibrant, Equitable and Sustainable Rural Communities with Food Security for All Output 1:Sustainable Agrarian Reform Output 2: Improved Access to Affordable and Diverse Food Output 3: Improved Rural Services to Support Livelihoods Output 4: Rural Job Creation, Skills Training and Promoting Economic Livelihoods

5. PURPOSE OF THE VETERINARY AND PARAVETERINARY PROFESSIONS ACT The Veterinary and Para-Veterinary Professions Act, 1982 (Act No. 19 of 1982) (the Act) provides for the establishment, powers and functions of the South African Veterinary Council (the Council); for the registration of persons practising veterinary professions and para-veterinary professions; for control over the practising of veterinary professions and para-veterinary professions; and for matters connected therewith.

6. Performance of compulsory community service Inclusion of physiological condition in the definition of veterinary services Registration of a person who has completed the relevant qualification but which has not been conferred Establishment on an appeal committee Continued registration of foreign veterinarian who attain either citizenship or permanent residency Continuing professional development Suspension of registered persons Appointment and powers of inspection officers The investigation of complaints and Cost orders OBJECTS OF THE AMENDMENT OF THE ACT

7. CONSULTATIONS AND APPROVAL PROCESSES Consultations 2006-2008 using ‘consensus approach’ 2008/2009- costing, budgets and MTEF securing of funds (CCS) Treasury has approved R90M for 01 April 2011 to 31 March 2012 2009/2010 – Draft Bill and Draft Regulations – consultations with State Law Advisers 2010 -Approval of the Bill in DAFF 2011-Parliamentary process

8. PROPOSED AMENDMENTS TO THE ACT Amendment of section 12. Other Committees (existing Removing “from time to time” Replacing “chairman “ “chairperson” Providing for establishments of other committees under the entire section currently provided for under subsection 1 Pronouncing on appeal procedure and composition of the committee and enforcement of decisions with a view to promote fairness

9. PROPOSED AMENDMENTS TO THE ACT Amendment of section 12. Other Committees (existing Deletion of the words [from time to time] would give the Council the power to establish a ad hoc or standing committee at any time when the need arises. The replacing of the word [chairman] makes it not gender specific The decision of an inquiry body is fully enforceable, unless an appeal to that inquiry body decision is submitted in the prescribed manner and within the prescribed time limits. Previously, the Act was silent on an appeal procedure. The decision of an inquiry body is currently reviewable by the full Council, on application by the aggrieved party. The amendment would pass this duty of appeal or review to the ad hoc appeal committee, thereby alleviating the workload. The next line of recourse for the aggrieved party would be the High Court.

10. PROPOSED AMENDMENTS TO THE ACT Insertion of section 20A. Compulsory Community Service To provide for the performance of compulsory community service by newly qualified Veterinarians To address the lack of sufficient number of state veterinarians – To deal with and attend to increased disease outbreaks. One health trans-boundary diseases Improving access to veterinary services in rural areas, thereby contributing in identified government priorities.

11. PROPOSED AMENDMENTS TO THE ACT Insertion of section 20A. Compulsory Community Service To provide for the performance of compulsory community service by newly qualified Veterinarians Food security and safety is an increasing concern worldwide including in RSA. To address the possible immediate-after-graduation migration of newly qualified veterinarians to countries abroad – giving back to the country

12. PROPOSED AMENDMENTS TO THE ACT section 23(2)(d). inclusion of the term ‘physiological This is a new initiative following the Registrar’s appearance in a criminal case against a layperson who was scanning sheep to make a pregnancy diagnosis. The defence was that the scanning of sheep to make a pregnancy diagnosis was not a veterinary act as it did not diagnose a pathological condition , and the rules that applied at the time of the scanning of the sheep (April 1999) did not include the diagnosis of a physiological condition as a veterinary act (Protection of the farmers)

13. PROPOSED AMENDMENTS TO THE ACT (Amendment of section 24. Requirements for Registration ) Graduates have been registering with the SAVC with certificates issued on a date which was years after the person complied with academic requirements. Many graduates are not in the position to fully pay any outstanding student fees upon successful completion of the qualification. The Amendment Bill will empower the graduate to make such payment by permitting the graduate to register as a professional and earn an income, provided that the institution confirms the graduate’s academic compliance. If a person registers 3 or more years after qualification, he/she must prove CPD or write and pass the Council examination.

14. PROPOSED AMENDMENTS TO THE ACT Amendment of section 25. Registration of persons (existing Continuity of Registration of foreigners In order to promote access and to align the Veterinary & Para-Veterinary Professions Act, No 19 of 1982 with the Immigration Act, No 13 of 2002. Foreign veterinarians registered with the SAVC can continue to practise in the country by obtaining permanent residency without surrendering their citizenship.

15. PROPOSED AMENDMENTS TO THE ACT Insertion of section 28A. Suspension of registration and termination A standing committee established in terms of section 12(1) will have the power to authorise the Registrar to suspend a registered veterinarian or para-veterinary professional , only after: The person to be suspended informed in writing of the impending suspension; and The person has been given the opportunity to giving reasons against such suspension; The Committee has conducted a hearing regarding the suspension; And The person has been informed of the opportunity to appeal (in terms of the proposed section 34A), and has waived or exercised that right to appeal.

16. PROPOSED AMENDMENTS TO THE ACT Insertion of section 29A. Powers of officers and other persons Council is given the power to enter a registered facility with the purpose of inspecting the facility and/or investigating a complaint lodged with the Council In order to ensure that persons and veterinary facilities registered with the Council comply with the minimum standards provision is to be made for the appointment of officers to inspect these registered veterinary facilities and the powers they will have during an inspection. Adequate investigations

17. PROPOSED AMENDMENTS TO THE ACT Insertion of section 31A. Manner in which certain investigations may be instituted APPOINTMENT OF INVESTIGATING OFFICER The Council appoints an investigation officer . The President must approve the application for a warrant from a judge/ magistrate to search and seize records/ electronic data relating to a complaint that is being investigated This will only be given if there is: prima facie evidence of a transgression of the Act; reasonable belief that there is records/electronic data in the

18. PROPOSED AMENDMENTS TO THE ACT Insertion of section 31A. Manner in which certain investigations may be instituted APPOINTMENT OF INVESTIGATING OFFICER possession of the person who is to be investigated; details of the records/ electronic data recorded beforehand; and a well-founded apprehension that the evidence may be hidden, destroyed or tampered with Any person who is aggrieved by a decision of the registrar, president or council in terms of this section has the right to appeal to the High Court against such a decision

19. PROPOSED AMENDMENTS TO THE ACT Insertion of section 31B. Entry and search (new .The new powers as per the amendments will provide for better control and prevention. The SAVC intends to work in cooperation with the various authorities: SAPS; NPA; MRA; REGISTRARS OF ACTS; NSPCA; HPCSA; SAPC

20. PROPOSED AMENDMENTS TO THE ACTAmendment of section 33. Disciplinary Powers of council (Cost Orders) To avoid the unnecessary postponement and delay of inquiries into professional conduct of registered veterinarians and para-veterinary professionals, the Council seeks an amendment to enable the Council to impose a cost order on registered persons to serve as a deterrent. Improve investigations and turn-around time on investigations

21. Insertions of section 33A. Appeals against decisions of a Committee (new) The purpose of the amendment is to provide for the right to appeal to the appeal committee if an affected person is not satisfied with the outcome of an inquiry into the professional conduct of a registered professional

22. PROPOSED AMENDMENTS TO THE ACT Amendment of section 41. Offences and Penalties (existing) fails to give or refuse access to an officer or investigation officer ; impersonates the registrar or an officer, investigation officer or a person assisting an officer, investigation officer or person appointed in terms of this Act; or contravenes or fails to comply with the provisions of section 32A,”

23. PROPOSED AMENDMENTS TO THE ACT Amendment of section 43. Regulations (existing Empowers the Veterinary Council to recommend that regulations be drafted or amended to give effect to the investigation at and/or inspections of veterinary facilities

24. PARLIAMENTARY PROCEDURE The state law advisors advise that it is not necessary for the Bill to go through the National house of traditional Leaders in terms of section 18(1)(a) of the Traditional Leadership and Governance Framework Act, 2003 (Act 40 of 2003), since it does not contain provision pertaining to customary law or customs of traditional communities The Department of Agriculture, Forestry and Fisheries will participate in all the public hearing

25. THANK YOU.