Legal framework

A joint (Health and Local Government) MINMEC decision was taken in 2002 that Municipal Health Services (MHS) be defined as a list of Environmental Health Services (EHS).
In terms of Part B of Schedule 4 of the Constitution (Act 108 of 1996), Section 156(1)(a) Municipal Health Services had been entrusted to local authorities.
According to the Municipal Structures Act, 1998 (Act 117 of 1998), Section 84(1)(i), Municipal Health Services (MHS) were consequently declared the responsibility of a District Municipality (Category C) and/or Metropolitan Area (Category A).

In addition, in terms of the National Health Bill, 2003, Section 32(1), it is the exclusive competency of every Metropolitan and District Municipality to ensure the provision/rendering of Municipal Health Services (MHS).
Therefore, the Minister of Local Government and Housing entrusted in Government Notice No. 826, dated 13 June 2003, the delivery of Municipal Health Services (MHS) with effect from 1 July 2004 to District Municipalities. The implication is that on 1 July 2004 all personnel (Environmental Health Practitioners) involved in the delivery of Municipal Health Services were transferred from Local Municipalities (Category B) to District Municipalities.

In terms of Section 1 of the National Health Act, 2003, (Act 61 of 2003) Municipal Health Services were declared to be:

• Water Quality Monitoring
• Food Control
• Solid Waste Management
• Health Surveillance of Premises
• Surveillance and Prevention of Contagious Diseases, excluding Immunization
• Vector Control
• Environmental Pollution Control
• Disposal of the Dead, and
• Safe Handling of Chemical Substances
• but excludes Port Health, Malaria Control and control of Hazardous Substances.