eSwatini
National Emergency Response Council on HIV/AIDS Act, 2003
Act 8 of 2003
- Commenced on 13 June 2003
- [This is the version of this document from 13 June 2003.]
- [Note: The original publication document is not available and this content could not be verified.]
Part I – Preliminary
1. Short title and commencement
This Act may be cited as The National Emergency Response Council on HIV/AIDS Act, 2003, and shall come into force on the date of publication.2. Interpretation
In this Act, unless the context otherwise requires—“Council” means the National Emergency Response Council on HIV/AIDS established in terms of section 3 of this Act;“Councillors” means the members of Council appointed under section 3 of this Act;“Directorate” means the Staff of National Emergency Response Council on HIV/AIDS appointed in terms of section 9 of this Act;“Director” means the Director of the National Emergency Response Council on HIV/AIDS appointed in terms of section 11 of this Act;“Fund” means the HIV/AIDS Emergency Fund established under Legal Notice No. 24 of 2002;“NERCHA” shall have the same meaning as Council;“Minister” shall mean the Prime Minister; and“Secretary” means the Director.Part II – Establishment and composition
3. Establishment of Council
4. Composition of Council
5. Appointments to fill casual vacancies
Where for any reason whatsoever, there is a vacancy in Council before the expiry of the term of office of a Councillor, and the unexpired portion of the term of office is six months or more, the vacancy may be filled by the appointment of a new Councillor who shall hold office for so long as the former Councillor would have held office.Part III – Meetings of Council
6. Meetings of Council
Part IV – Powers and functions of Council
7. Powers of Council
Council shall have the power to do anything which is calculated to enable it to exercise and perform its functions, or which are incidental or conducive thereto, including in particular but not derogating from the generality of this provision, powers which shall include the power to—8. Functions of Council
The Council shall—Part V – The Directorate
9. Establishment of the Directorate
10. Functions of the Directorate
The Directorate shall co-ordinate and facilitate the National Multi-Sectoral response to the HIV/AIDS epidemic and in particular shall—11. Appointment of the Director
12. Functions of the Director
Part VI – Financial provisions
13. Council funds
14. Accounts and auditing
15. Remuneration
Part VII – Powers of the Minister
16. Power of the Minister
The Minister may, after consultation with the Council, give it such general policy directions for the efficient exercise and performance by it of its functions as may appear to the Minister to be requisite in the national interest, and Council shall give effect to any such directions.Part VIII – Miscellaneous matters
17. Property of Council not subject to execution
Subject to section 7(b), the property of Council shall not be liable for attachment in execution of any judgment of the Court.18. Protection from personal liability
No matter or thing done by a Councillor or by its staff if the matter is done in good faith for the purpose of carrying out any of the provisions of this Act, shall render such persons liable to civil proceedings whatsoever in respect thereof, provided however that the Council shall be deemed to be liable for such acts of its employees as may be determined by the Court.19. Exemption from taxes
The Council shall be exempt from paying any tax imposed by any law and it shall not be necessary for Council to take out trading licences in connection with its activities.20. Regulations
The Minister may make regulations to give effect to any of the provisions of this Act, prescribing anything which is required to be prescribed or for any purpose for the better carrying out of this Act.Part IX – Transitional provisions
21. Transition
Any matter, things done, or work initiated under the provisions of Legal Notices No. 16, 24 and 70 of 2002, shall continue in place as if done under this Act.22. Revocation
Legal Notice No. 16 of 2003 is hereby revoked.History of this document
13 June 2003 this version
Commenced
Cited documents 0
Documents citing this one 2
Gazette 1
1. | Swaziland Government Gazette dated 2007-07-06 number 70 |
Judgment 1
1. | Dlamini Vs National Emergency Response Council On Hiv And Aids (205 of 2017) [2021] SZIC 17 (26 March 2021) |