Leprosy Act, 1904
Act 23 of 1904
- Commenced on 1 October 1904
- [This is the version of this document at 1 December 1998.]
1. Short titleThis Act may be cited as the Leprosy Act, 1904.
2. InterpretationIn this Act, unless the context otherwise requires—“asylum” means any building or collection of buildings erected and established under section 3, and used for the treatment or detention of persons affected with leprosy, together with the land surrounding such buildings and set apart and defined under the said section for the occupation of such persons;“Court” means the High Court;“detention order” means an order issued under section 11;“interim reception order” means an order issued under section 8;“leprosy” means all forms of disease caused by the bacillus leproe of Hansen;“magistrate’s court” means a court established under the Magistrate’s Courts Act, No. 66 of 1938;“medical practitioner” means any person duly registered as such under the law relating to the admission and registration of medical practitioners;“Minister” means the Minister for Health;“superintendent” means any person appointed under section 14 to take control of any asylum.
3. Power to establish asylums
4. Duty to notify suspected cases
5. Duty of Regional Administrator to isolate suspectA Regional Administrator to whom a report is made under section 4 shall issue an order requiring a police officer to take steps for the detention of the person mentioned in such report in a place of isolation in the prescribed manner until he has been examined in accordance with section 6.
6. Medical examination of suspectA Regional Administrator who has issued such isolation order shall cause such person to be examined as soon as possible by two medical practitioners, one of whom shall, if possible, be the medical officer of the region, and obtain a report from them of such examination.
7. Discharge of suspectIf such medical practitioners report that the person alleged to be affected with leprosy is not affected, the Regional Administrator shall forthwith discharge him from detention in isolation.
8. Issue of interim reception order
9. Superintendent to examine and reportAny superintendent who has received any person into an asylum under an interim reception order shall forthwith make a medical examination of such person, and shall as soon thereafter as possible transmit to the Minister by post—
10. Voluntary submission to treatment
11. Issue of detention order
12. Report on and examination of person detained under interim order
13. Power to order dischargeThe Minister may, notwithstanding this Act if it appears to him that there is sufficient reason to do so, issue an order to the superintendent of any asylum, directing the discharge of any person from detention therein, or the removal of any person detained therein to another asylum for detention under this Act.
14. Appointment of superintendents
15. Duties of superintendentsA superintendent shall reside at or near the asylum to which he is appointed, inspect such asylum from time to time in accordance with regulations made under this Act and the persons detained therein, perform all medical offices necessary in respect of such persons, cause proper food and necessary comforts to be supplied to them, cause the premises to be properly and cleanly kept, and perform such other functions as may be conferred upon him by this Act.
16. Communication between detained persons and persons outside
17. Suspects and detained lepers deemed in lawful custody
18. VisitorsEvery person detained in lawful custody under this Act shall be permitted to receive visits from relatives, friends or legal advisers at such reasonable times and subject to such restrictions as may be prescribed.
19. Cost of erection and maintenance of asylumsThe costs of erection, establishment and maintenance of asylums, of the removal of persons thereto, and of the maintenance of any persons detained therein save in so far as such costs of maintenance may be otherwise defrayed in accordance with section 20 of the salaries and wages of superintendents, attendants or other officers of asylums, of the disinfecting and cleansing of the residence of persons isolated, and of the maintenance of such persons during the period of isolation, shall be defrayed out of the Consolidated Fund.
20. Recovery of expenses of maintenanceIf a person detained under this Act has sufficient means the superintendent may receive or recover the expenses of his maintenance from him and allow him to build for himself, or contract to be built, a habitation within the limits of an asylum, and such superintendent may for such purposes enter into special agreements, on behalf of the Minister, with such person or his lawful representative.
21. Jurisdiction to try certain offences
22. Administration of property of persons confined or detained
23. Cleaning and disinfecting of residence of persons isolatedIf any person has been placed in isolation by order of a Regional Administrator under section 5, the Regional Administrator shall cause the residence of such person to be forthwith cleansed and disinfected in accordance with the advice of the medical officer for the region, and in accordance with any further directions given in that behalf by the Chief Medical Officer.
24. Photographing of persons confined in asylums
25. PenaltiesAn person guilty of an offence under this Act shall be liable upon conviction to a fine not exceeding one hundred emalangeni, or imprisonment not exceeding six months, or both.
26. RegulationsThe Minister may make regulations, and prescribe penalties for the breach thereof not exceeding the penalties mentioned in section 25—
27. Report of one medical practitioner where two not availableNotwithstanding this Act whenever undue delay or inconvenience would result from obtaining an examination and report by two medical practitioners the examination and report of one medical practitioner shall suffice for the purpose of an interim reception order under this Act:Provided that the results of an examination and the report of one medical practitioner shall be confirmed by another medical practitioner, as soon as it can conveniently be obtained.
28. Duty of members of policeA police officer shall execute any lawful order of the Minister or region officer issued under this Act, and any person resisting or obstructing a Regional Administrator, medical practitioner or other person charged with a duty under this Act in the execution of such duty shall be guilty of an offence.
History of this document
01 December 1998 this version
01 October 1904