Statistics Act, 1999
R 385
Prevention of and Treatment for Substance Abuse Act, 2008 (Act No. 70 of 2008)Chapter 10 : Central Drug Authority and Supporting Structures53. Establishment and functions of Central Drug Authority |
| (1) | There is hereby established a body known as the Central Drug Authority, which may exercise the powers and must perform the duties conferred or imposed on it by or in terms of this Act. |
| (2) | The Central Drug Authority consists of the following who shall be fit and proper persons and who, in respect of members referred to in paragraphs (a) to (t), are at least of a rank of a director or equivalent, namely — |
| (a) | a representative of the Department of Social Development appointed by the Minister; |
| (b) | a representative of the Department of Justice and Constitutional Development appointed by that Department; |
| (c) | a representative of the South African Police Service appointed by the South African Police Service; |
| (d) | a representative of the Department of Health appointed by that Department; |
| (e) | a representative of the Department of Education appointed by that Department; |
| (f) | a representative of the Department of Home Affairs appointed by that Department; |
| (g) | a representative of the Department of Foreign Affairs appointed by that Department; |
| (h) | a representative of the Department of Trade and Industry appointed by that Department; |
| (i) | a representative of the South African Revenue Service appointed by the South African Revenue Service; |
| (j) | a representative of the Department of Correctional Services appointed by that Department; |
| (k) | a representative of the Department of Labour appointed by that Department; |
| (l) | a representative of the National Treasury appointed by the National Treasury; |
| (m) | a representative of the Department of Arts and Culture appointed by that Department; |
| (n) | a representative of the Department of Sport and Recreation appointed by that Department; |
| (o) | a representative of the Department of Agriculture appointed by that Department; |
| (p) | a representative of the Department of Transport appointed by that Department; |
| (q) | a representative of the Department of Provincial and Local Government appointed by that Department; |
| (r) | a representative of the National Youth Commission appointed by that Commission; |
| (s) | a representative of the Medicines Control Council appointed by that Council; |
| (t) | a representative from the National Prosecuting Authority appointed by that Authority; and |
| (u) | not more than 13 other members who must be persons who have knowledge or experience in the management of the demand and supply of substances or who are able to make a substantial contribution to the combating of substance abuse. |
| (3) | The members contemplated in subsection (2)(u) may be appointed only after— |
| (a) | the Minister has through the media and by notice in the Gazette invited nominations of persons as members of the Central Drug Authority; and |
| (b) | the Parliamentary Committees for Social Development of the National Assembly and the National Council of Provinces have made recommendations to the Minister in relation to such appointments after a transparent and open process of considering persons so nominated. |
(4)
| (a) | A member of the Central Drug Authority, except a member referred to in subsection 2(a) to (t), must be appointed for a period not exceeding five years on such conditions as the Minister may determine at the time of making the appointment. |
| (b) | The Minister may terminate membership of any member for reasons which are just and fair. |
| (c) | A member of the Central Drug Authority, except a member referred to in subsection 2(a) to (t), may, on the expiry of any period for which he or she was appointed, be reappointed for one additional term only. |
| (5) | If the office of any member of the Central Drug Authority becomes vacant before the expiry of the period for which he or she was appointed, the Minister must, subject to subsections (2) and (3), appoint another person to hold office for the unexpired portion of the period for which his or her predecessor was appointed. |
| (6) | Any member of the Central Drug Authority who is not an officer in the public service, may be paid such fees or travelling and subsistence allowance, while engaged on the business of the Central Drug Authority, as the Minister with the concurrence of the Minister of Finance may determine. |
(7)
| (a) | One of the members of the Central Drug Authority must be designated by the Minister as chairperson of the Central Drug Authority, and at the first meeting of every newly constituted Central Drug Authority the members of the Central Drug Authority must elect a vice-chairperson from their members. |
| (b) | The vice-chairperson, when acting in the place of the chairperson, has all the powers and must perform all the duties of the chairperson and must be paid the allowances normally paid to the chairperson. |
| (8) | In the event of the absence of both the chairperson and the vice-chairperson from any meeting of the Central Drug Authority, the members present at that meeting must elect one of their members to preside at that meeting. |
| (9) | The first meeting of the Central Drug Authority must be held at a time and place to be determined by the Minister, and subsequent meetings must be held at least twice a year and at such times and places as the chairperson may determine. |
(10)
| (a) | The Central Drug Authority must, as soon as is practicable after it has been established, draft rules governing its quorum, the procedure at meetings and, generally, the conduct of its functions, and may from time to time alter or revoke any such rules. |
| (b) | Such rules have no force and effect unless approved by the Minister. |
(11)
| (a) | The Central Drug Authority must annually, by no later than the last day of August, submit to the Minister a report on all its functions as well as a comprehensive description of the national effort to reduce the demand for, harm caused by and supply of, substances in the previous financial year. |
| (b) | The Minister must table the report referred to in paragraph (a) in Parliament within 14 days after it is submitted to him or her, if Parliament is then sitting, or, if Parliament is not then sitting, within 14 days after its next sitting day. |
