Public Health Act, 1969
Act 5 of 1969
- Assented to on 16 April 1969
- Commenced on 1 August 1969
- [This is the version of this document at 1 December 1998.]
1. Short titleThis Act may be cited as the public Health Act; 1969.
2. InterpretationIn this Act, unless the context otherwise requires—“adulteration” means the act of mixing or adding any substance deleterious to health, or done with the object of increasing the quantity of anything, or deteriorating or concealing the. quality, or the removal of any elementary constituent from any commodity, whereby the quality is impaired;“author of a nuisance” means the person by whose act, default, or sufferance the nuisance is caused, exists or is continued, whether he is the owner or occupier or both owner and occupier or any other person;“building” has the same meaning as in the Building Act, No. 34 of 1968 and in addition includes a vehicle or vessel;“chief medical officer” means the officer in the Ministry of Health who is appointed as such or his deputy;“chief veterinary officer” means the officer in the Ministry of Agriculture who is appointed as such or his deputy;“dairy product” has the same meaning as in the Dairy Act, No. 28 of 1968;“dwelling” has the same meaning as in the Building Act No. 34 of 1968;“factory” means premises where steam, water, electricity or other source of power is used for the purpose of trade or manufacture;“food” means any substance, other than drugs and water, used as food or drink for human beings and includes ice, condiments or other things used for the flavouring or colouring of food;“health inspector” means a health inspector in the service of the Government, or a local authority, deputed in writing by the chief medical officer to act as a health inspector for a specified area under this Act;“local authority” means—(a)any organ of local government duly established under any law; or(b)in respect of any part of a district not falling under paragraph (2), the district commissioner;“magistrate’s court” means a court established under the Magistrate’s Courts Act, No. 66 of 1938;“meat inspector” means a meat inspector in the service of the Government or a local authority or person deputed in writing by the chief veterinary officer or the chief medical officer to act as a meat inspector for a specified area under this Act;“medical officer” means a medical practitioner, in the service of the Government;“medical officer of health” means—(a)the chief medical officer; or(b)a medical officer; or(c)a medical practitioner whom a local authority, with the approval of the chief medical officer, may in writing designate as a medical officer of health; or(d)a medical practitioner designated by the chief medical officer as a medical officer of health for a specified area;“medical practitioner” means a person who is registered or licensed, under the law relating to medical practitioners, to practise as a medical practitioner;“Minister” means the Minister for Health; and“veterinary officer” means a veterinary officer in the service of the Government or a veterinary surgeon designated in writing by the Minister for Agriculture.
Part II – Communicable diseases
3. Notifiable diseases
4. Occupier’s duty to notify disease
5. Notification by medical practitioner
6. Regulations relating to comntunittable diseasesThe Minister may make regulations applicable to all communicable diseases or only to such communicable diseases as may be specified therein, and in particular, but without prejudice to the generality of the foregoing such regulations may provide for the following matters—
7. Power to administer treatment, etc.
Part III – Nuisances
8. Nuisance prohibitedNo person shall cause a nuisance, or shall suffer any nuisance, or other condition liable to be injurious or dangerous to health to exist on any land or premises owned or occupied by him or of which he is in charge.
9. Duties of local authorities to maintain cleanliness and prevent nuisancesEvery local authority shall take all lawful, necessary and reasonably practicable measures for—
10. Duty of local authorities to prevent or remedy danger to health arising from unsuitable dwellingsEvery local authority shall take all lawful, necessary and reasonably practicable measures for preventing or causing to be prevented or remedied all conditions liable to be injurious or dangerous to health arising from the erection or occupation of unhealthy dwellings or premises, or the erection of dwellings or premises on unhealthy sites or on sites of insufficient extent, or from overcrowding, or from the construction, condition or manner of use of any factory or trade premises and to take proceedings under the law or regulations in force in its area against any person causing or responsible for the continuance of any such condition:Provided that except with the consent of the chief inspector appointed under the Factories Act, No. 15 of 1965, no action shall be taken by any local authority under this Part in respect of any factory premises if such action is likely to interfere with the condition or manner of use of any machinery or plant.
11. What constitutes a nuisanceThe following shall be deemed, to be nuisances liable to be dealt with under this Part any—
12. Notice to remove nuisanceA local authority or a medical officer of health, if satisfied of the existence of a nuisance, may serve a notice op the author of the nuisance, or, if he cannot be found, then on the occupier or owner of the dwelling or premises on which the nuisance arises or continues requiring him to remove it within the time specified in the notice and to execute such works and ‘do such things as may be necessary for that purpose and if the local authority or medical officer of health thinks it desirable, but not otherwise, specifying any works to be executed to prevent a recurrence of the said nuisance:Provided that if the—
13. Procedure in case owner fails to comply with notice
14. Penalties in relation to nuisances
15. Court may order local authority to execute works in certain casesIf it appears to the satisfaction of the court that the person by whose act or default the nuisance arises, or the owner or occupier of the premises, is not known or cannot be found, the court may at once order the local authority to execute the works thereby directed and the cost of executing the same shall bea charge on the property on which the said nuisance exists.
16. Power of saleAny matter on thing taken away by a local authority in removing any nuisance under this Part may be sold by public auction; and the money arising from the sale may he retained by the local authority, and applied in payment of the expenses incurred by it in respect of such nuisance, and the surplus, if any, shall be paid, on demand, to the owner of such matter or thing if he establishes his claim thereto within two years from the date of such sale, failing which such surplus shall become part of the Consolidated Fund.
17. Persons jointly responsible for nuisances may be proceeded against
18. Examination of premisesThe local authority or any of its officers or a medical officer of health or a health inspector may at all reasonable times enter any building or premises for the purpose of examining it to ascertain whether any nuisance exists therein, and any of its officers may, if necessary, open up the ground of such premises and cause the sewers to be tested or such other work to be done as may be necessary for the effectual examination of the said premises:Provided that if no nuisance is found to exist, the local authority shall restore the premises at its own expense.
19. Demolition of unfit buildings
20. Saving as to other legislation relating to nuisancesNothing in this Part shall prevent a local authority from taking steps in terms of any other law relating to nuisances in force within its area or rendering such law invalid in so far as it provides for nuisances.
21. Cost of execution of provisions relating to nuisances
Part IV – General provisions
22. Buildings used for storage of food
23. Rooms used for storage of food
24. Powers of entry and inspection, etc.For the purpose of making an inspection or doing the work or other thing necessary for, or incidental to, the carrying out of his functions under this Act a medical officer of health or an officer or person to whom he has delegated his powers under this Act in writing, a health inspector, an administrative officer, or a local authority or an officer or a person to whom it has delegated its powers under this Act in writing, may, at any reasonable time when the inspection, work or other thing may be properly carried out, enter any land or premises by force if necessary.
25. Special powers of medical officer of health
28. Burden of proof as to knowledge of infectionIn any legal proceedings, criminal or civil, under this Act relating to a communicable disease, or to any article or thing alleged to have been exposed to or contaminated with the infection thereof, whenever it is an issue in the proceedings that the accused or the defendant knew that he or any other person was infected with such disease or that such article or thing had been so exposed or was so contaminated, he shall be deemed to have had such knowledge until he satisfies the court to the contrary.
29. Defect inform not to invalidateNo defect in the form of any notice given or order made under this Act shall invalidate or render unlawful the administrative action, or be a ground for exception to any legal proceedings which may be taken in the matter to which such notice or order relates, provided the requirements thereof are substantially and intelligibly set forth.
30. Service of notices, etc.
31. Protection of officersNo report made or action taken or thing done by the Minister or by a medical officer or medical officer of health or health inspector or any generally or specifically authorized officer of the Government or of a local authority or a prescribed officer in exercise of any power conferred or the performance of and duty imposed by this Act shall subject him in his personal capacity to any legal proceedings, whatsoever, provided such report was made or action was taken or thing done in good faith and without negligence.
32. Provisions in this Act in relation to other lawsSave as specially provided in this Act, this Act shall be in addition to and not in substitution for any other law which is not in conflict or inconsistent with this Act, and where any other law is in conflict or inconsistent with this Act, this Act shall prevail.
History of this document
01 December 1998 this version
01 August 1969
16 April 1969
Documents citing this one 6
- Swaziland Government Gazette dated 1997-03-28 number 235
- Swaziland Government Gazette dated 1999-08-06 number 498
- Swaziland Government Gazette dated 2000-11-10 number 621
- Swaziland Government Gazette dated 2001-06-22 number 715