National Department of Health Cluster: MCWH & N The Choice on Termination of Pregnancy Amendment Bill

Purpose of the Briefing To provide an overview of the Choice on Termination of Pregnancy Act’s amendments

ACRONYMS MCWH & N – Maternal, Child, Women’s Health and Nutrition MEC – Member of Executive Council HoD – Head of Department, Province DG – Director General, National CTOP – Choice on Termination of Pregnancy

The Emphasis That the CTOP Act, 92 (1996) was NOT challenged and NOT found to be invalid Amendments in 2003 were found invalid Parliament failed to follow due process NOT because there is a problem with contents of amendments The CTOP Act as amended remains a valid Act Decisions made in accordance with the Act continue to be valid until 17 January 2008

The Emphasis That the challenge is about procedure Need for proper public consultation That the judgment upholds democratic principles Consultation is an important principle of democracy That the remedy is for parliament to comply with democratic procedures

The Emphasis That the challenge and subsequent judgment is NOT about Challenging a woman’s right to a TOP Targeting the substance of the amendment Abortion-care trained nurses to render 1st trimester TOPs Provisions for greater provincial control and implementation

Amendments to the CTOP Act To empower the MECs to approve facilities To exempt facilities that already provide 24-hour maternity service Recording of information and submission of statistics To enable the MECs to make regulations Service Providers in Abortion Care to include trained registered nurses Penalty Clause

SECTION I Definitions of HoD and MEC Definition of registered midwife is qualified with the need for prescribed training Addition of definition of registered nurse which is also qualified with the need for prescribed training

Section 2 Substitutes Section 3 of Principal Act Specifies 10 requirements for approval Subsection 3(a) Automatic approval of current facilities that provide 24 hour maternity services, if the 10 requirements are met Subsection 3(b) Places duty on person in charge to notify the MEC of the health facility and its provision of termination of pregnancy services

Section 2 …… MEC to submit statistics of approved facilities once a year to the Minister Minister is not divested of power to perform any of functions to achieve objects of this Act

Section 3 Person in charge of the facility to relay information to HoD HoD then collates information and relays it to DG

Section 4 Minister and DG are replaced by MEC and HoD respectively Delegation of power by MEC and HoD

Section 5 MEC has power to make regulations Regulations should be made in consultation with the Minister

Section 6 Offences New offence - terminating or allowing termination at a facility that is NOT approved

Section 8 Transitional provision Facilities already designated deemed to be approved in terms of new legislation

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