Medical and Dental Practitioners Act, 1970
Act 3 of 1970
- Commenced on 9 January 1970
- [This is the version of this document at 1 December 1998.]
Part I – Short title and interpretation
1. Short titleThis Act may be cited as the Medical and Dental Practitioners Act, 1970.
2. InterpretationIn this Act unless inconsistent with the context—“this Act” includes Rules and Regulations made under it;“Council” means the Swaziland Medical and Dental Council established under section 3;“dentist” or “dental surgeon” means any person practising as a dentist or holding himself out as ready and willing to practise as a dentist, for gain;“Director of Medical Services” means the person filling that office in accordance with the provisions of the Constitution;“medical practitioner” means any person practising as a medical practitioner or holding himself out as ready and willing to practise as a medical practitioner, for gain;“Minister” means the Minister for Health and Social Welfare;“practise as a dentist” means the performance of any such operation or any such treatment, advice or attendance as is usually performed or given by a dentist, or of any operation, treatment, advice or attendance preparatory to or for the purpose of or in connexion with the making, repairing, supplying, fitting, inserting or fixing of artificial dentures or other similar dental appliances, and the “practice of dentistry” shall have a corresponding meaning;“practise as a medical practitioner” means the performance of any act specially pertaining to the calling of a medical practitioner;“prescribed” means prescribed by the Minister by Regulation made under section 32;“qualified” means that a person holds a degree, diploma, certificate or licence which entitles him to be registered or licensed;“Register” means the Register of Medical and Dental Practitioners entitled to practise as medical practitioners or dentists in Swaziland, kept by the Registrar in terms of subsection (1) or (2) of section 13 or 16, as the case may be;“Registrar” means the public officer designated to act as Registrar of Medical and Dental Practitioners under section 12.
Part II – Establishment of Medical and Dental Council and registration of practitioners
3. Constitution of Medical and Dental Council
4. Vacation of office and filling of vacancies
6. Procedure and Rules
7. Quorum and proceedings at meetings
8. Office of CouncilThe office of the Council shall be at Mbabane or at such other place as the Minister may, on the recommendation of the Council, prescribe but the Council shall hold its meetings at such times and places as the Chairman may from time to time find convenient.
9. SealThe Council shall have a seal which shall bear such device as may be decided by it, and approved by the Minister, which it may use upon such occasion as it thinks fit.
10. Council to be a corporate bodyThe Council shall be a corporate body and may, subject to the provisions of this Act, exercise all the functions exercisable by a corporate body.
11. Functions of the CouncilThe Council shall carry out the provisions of this Act.
12. Appointment of Registrar and other personsThe Minister shall designate a public officer to act as Registrar of Medical and Dental Practitioners and Secretary of the Council, and the Council may appoint such other persons as may be necessary for carrying out its functions, and may dismiss such other persons.
13. The keeping and maintenance of Registers
14. Revenues of Council
15. Evidence of registration
16. Provisional registration
17. Only registered persons allowed to practiseNo person shall be entitled to practise as a medical practitioner or as a dentist unless he has obtained a certificate of registration in terms of section 13(3).
18. Procedure for making application for registration
19. Persons entitled to be registered or licensed as medical practitioners
20. Persons entitled to be registered or licensed as dentists
21. Appeal against refusal to register as medical practitioner or dentist
22. No fees recoverable unless person is registeredNo person shall be entitled to recover any fees or other charges in any court by way of claim, counterclaim, setoff or otherwise for any services rendered as a medical practitioner or dentist, or for any medicine he may have prescribed or supplied unless he proves that he was at the time registered under this Act, or in the case of the sale or supply of medicine that he was duly licensed to deal in such medicines under any other law.
23. Certification by a person not registered is invalidSubject to the provisions of section 16(4) no document required by law to be signed by a duly qualified medical practitioner or dentist shall be valid unless signed by a person registered under this Act.
24. ExemptionsNothing contained in this Act shall be deemed to prevent—
Part III – Disciplinary powers of the Council
25. Inquiry by Council into charges of misconduct
26. Matters for and procedure upon inquiry by the Council
27. Notification of decision of CouncilAs soon as practicable after the conclusion of an inquiry by the Council the Registrar shall by registered post notify the medical practitioner or dentist concerned of the Council’s finding and decision.
28. Power to publish decisionAfter an application to the High Court in terms of this Act has been dismissed or the period has expired during which such an application may be made in terms of this Act, the Council may publish in the Gazette a report of its findings and of any penalty imposed by it at an inquiry held in terms of this Part.
29. Appeal to the Court against decision by the CouncilAny person aggrieved at the findings of, or the penalty imposed by, the Council under this Part may apply to the High Court for the relief referred to in section 21(3), and the provisions of section 21 shall mutatis mutandis apply to such an application, provided that the High Court shall not set aside the proceedings of the Council by reason only of an informality which did not embarrass or prejudice the applicant in answering the charge or in the conduct of his defence.
30. Effect of suspension or erasure from RegisterNo person who has been suspended or whose name has been erased from the Register under this Part shall practise as a medical practitioner or dentist, and his registration certificate shall be deemed to be cancelled until the period of suspension has expired or until his name has been restored to the Register in terms of this Act.
31. Restoration of name to Register
Part IV – Regulations
32. RegulationsThe Minister may on the recommendation of the Council make Regulations for—
Part V – Offences and penalties
33. Offences and penalties
History of this document
01 December 1998 this version
09 January 1970
Cited documents 0
Documents citing this one 17
- Swaziland Government Gazette dated 1997-09-26 number 294
- Swaziland Government Gazette dated 1998-03-06 number 335
- Swaziland Government Gazette dated 2000-02-11 number 541
- Swaziland Government Gazette dated 2004-06-11 number 60
- Swaziland Government Gazette dated 2007-09-20 number 98
- Swaziland Government Gazette dated 2007-09-21 number 100
- Swaziland Government Gazette dated 2010-11-17 number 130
- Swaziland Government Gazette dated 2011-09-30 number 101
- Swaziland Government Gazette dated 2012-12-19 number 137
- Swaziland Government Gazette dated 2014-04-14 number 46