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

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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

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

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

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

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

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

16. THANK YOU