Sterilisation Amendment Act, 2005

22 June 2005 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:– No. 3 of 2005: Sterilisation Amendment Act, 2005 AIDS HELPLINE: 0800-123-22 Prevention is the cure 2 No. 27702 GOVERNMENT GAZETTE. 27 JUNE 2005 Act No. 3, 2005 STERILISATION AMENDMENT ACT, 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 e y the President.) (Assented to 1% June 2005.) x 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. E IT ENACTED by the Parliament of the Republic of South Africa, as B 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: 5 “ ‘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 procedire whereby a person could be permanently rendered incapable of fertilisation or reproduction.”. 10 Amendment of section 2 of Act 44 of 1998 (i) consent is given by a person who is lawfully entitled to give copsent; and 25 4 No. 27702 GOVERNMENT GAZETTE. 22 JUNE 2005 Act No. 3, 2005 STERILISATION AMENDMENT ACT, 2005 (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 5

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 10 paragraph: “(b) if a panel contemplated in subsection (2) after considering all relevant information, including [the fact that]- (i) the [person is 18 yea& of] person’s age[, unless the physical health of the pwsopl is.threatened; and]; whether there- [is no] are other safe and effective [method] alternatives [of contraception except] sterilisation; the person’s mental and physical health and wellbeing; the potential effect of sterilisation on the person’s mental and physical health and wellbeing; the nature of the sterilisation procedure to be performed; the likelihood that the person will become capable of consenting to sterilisation; whether the sterilisation is in the best interests of the person to be sterilised; and the benefit which the person may derive from sterilisation, (ii) (iii) (iv) (v) (vi) (vii) (viii) 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. 1.5 20 2.5 30 35 40