NATIONAL ASSEMBLY
FOR WRITTEN REPLY
QUESTION NO. 2247
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 13 NOVEMBER 2009
(INTERNAL QUESTION PAPER NO. 28)
Ms E More (DA) to ask the Minister of Health:
(1) Whether the Foodstuffs, Cosmetics and Disinfectants Act, Act 54 of
1972, is being enforced by all metro or district councils; if not, (a)
why not and (b) which metro or district councils are not enforcing the
Act; if so, what are the relevant details;
(2) whether there are any minimum requirements for enforcing the Act, if
not, why not; if so, (a) what are they and (b) what is the (i) actual
and (ii) optimal number of inspectors each metro or district council
has?
NW2956E
REPLY:
(1) No, Section 23(1) of the Foodstuffs, Cosmetics and Disinfectants Act
1972 (Act 54 of 1972), states that the Minister of Health may
authorize by notice in the Government Gazette, any local authority to
enforce within its area of jurisdiction and through its duly
authorized officers, the provisions of the Act as the Minister may
specify in the notice. To date, requests for authorization have been
received from all six metros (category A) and 24 of the 46 district
(category C), municipalities, in total 62%, which represent coverage
of the majority of the countryâs population related to the enforcement
of the Act;
(a) no requests for the remaining 22 district municipalities have
been received;
(b) details of the district municipalities currently not authorized
are as follows:
EASTERN CAPE PROVINCE
Amatole District Municipality (DC12)
O R Tambo District Municipality (DC15)
Alfred Nzo District Municipality (DC44)
FREE STATE PROVINCE
Xhariep District Municipality (DC16)
Motheo District Municipality (DC17)
Lejweleputswa District Municipality (DC18)
Thabo Mofutsanyane District Municipality (DC19)
GAUTENG PROVINCE
West Rand District Municipality (CBDC8)
Metsweding District Municipality (CBDC2)
LIMPOPO PROVINCE
Bohlabela District Municipality (CBDC4)
Mopani District Municipality (DC33)
Vhembe District Municipality (DC34)
Capricorn District Municipality (DC35)
Sekhukhune District Municipality (CBDC3)
MPUMALANGA PROVINCE
Gert Sibande District Municipality (DC30)
Nkangala District Municipality (DC31)
NORTHERN CAPE PROVINCE
Frances Baard District Municipality (DC9)
Karoo District Municipality (DC7)
Siyanda District Municipality (DC 8)
NORTH WEST PROVINCE
Central District Municipality (DC38)
Bophirima District Municipality (DC 39)
Southern District Municipality (DC40)
Note: All metro and District Municipalities in the Western
Cape and KwaZulu-Natal Provinces authorized.
(2) No, the Act does not stipulate minimum requirements for the
enforcement thereof by a metro or district municipality. However, the
Department of Health requires that a request for authorization should
be accompanied by a copy of the relevant municipal councilâs
resolution recommending that the Minister of Health be requested to
authorize such municipality, as well as a letter from the relevant
provincial health department indicating whether the request is
supported, or not.
END.