National Department of Health Cluster: MCWH & N

1. National Department of HealthCluster: 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 ofHoD 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 performany 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 NOTapproved

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

16. THANK YOU