1. INTRODUCTION

The Sterilization Bill [ 12-04] was referred to the Limpopo Legislature by the National Council of Provinces (NCOP). Subsequently, Limpopo Legislature referred to aforementioned Bill to the Committee on Health and Welfare for consideration and to report to this Honorable House .The Committee having considered the Bill begs to report as follows:

The Bill seeks

• to amend the Sterilization Act, 1998, so as to substitute a definition,
• to make provision for a medical opinion in certain circumstances,
• o provide for additional information to be considered when contemplating sterilization, and
• to provide for matters connected therewith.

3. CONSIDERATION OF THE BILL

The Committee met on 29 September 2004 and realizing the importance of the Bill resolved to conduct a public hearing to solicit inputs from stakeholders and the public in general. The Public hearing was conducted on 14 October 2004. On 13 October 2004, the Committee received a briefing from NCOP Delegate on the Bill

In considering and scrutinizing the Bill, the Committee found that:

• The Bill seeks to address the flaws or loopholes that are there in the principal Act on the sterilization process
• The Bill ensures that the consent of parent, spouse and guardian should be obtained before sterilization may be performed on any person who is incapable of consenting or incompetent to consent due to severe mental disability
• Sterilization is not a 100% procedure, one may fall pregnant after having gone through the procedure.
• It come out of the public hearing that married couples would still have to get the consent of the partner before undergoing the sterilization procedure-this is contrary to the provisions of the Constitution. The feeling is that everybody has a right to choose and decide as to whether he/she wishes to undergo the sterilization procedure.
• The Bill is constitutional and seeks to put in place the provisions of Section 27(1)(a) which indicates that everyone has a right to have access to health care services, including reproductive health care.
• The Bill will not have new financial implications to the Province

The Committee having considered and supported the Bill, mandate on our NCOP delegates to negotiate in support of the Bill as introduced in the NCOP.