Act No. 13, 2003

(b)

MEDICINES AND RELATED SUBSTANCES
CONTROL ACT, 2003

had no reason to believe that the medicine did not comply with that section.


Preservation of secrecy and inappropriate use of information
42.	

Subject to section 32, a person may not ­

(a)	

disclose to any other person any information acquired by him or her in the
exercise of his or her powers or the performance of his or her functions
under this Act and relating to the business or affairs of any other person,
except ­
(i)	

with a written authority from the Permanent Secretary, on the
recommendation of the Council;

(ii)	

for the purposes of ­
(aa)	

the exercise of his or her powers or the performance of his or
her functions under this Act; or

(bb)	 legal proceedings under this Act or any other law; or
(iii)
(b)	

when required to do so by a court or under any law; or

use any information referred to in paragraph (a) for self-gain or for the
benefit of his or her employer.

Delegation of powers, and assignment of duties and functions
43. (1) The Minister may delegate, in writing, to the Permanent Secretary,
or to a staff member in the Ministry responsible for health, any of the powers conferred
on the Minister by this Act, except a power referred to in section 3, 34(1) and 44, and
may assign any of the duties or functions imposed on the Minister in terms of this Act.
(2) The Permanent Secretary may delegate, in writing, to a staff member in the
Ministry responsible for health, a power conferred, or assign a function imposed, on the
Permanent Secretary by or in terms of this Act, except a power delegated, or a function
assigned, to the Permanent Secretary in terms of subsection (1).
(3) A delegation, or assignment, under subsection (1) or (2) does not divest the
Minister or the Permanent Secretary of the powers delegated, or the duties or functions
assigned.
Regulations
44. (1)
regulations ­

The Minister, after consultation with the Council, may make

(a)	

generally for the efficient carrying out of the objects of this Act;

(b)	

with regard to a matter which in terms of this Act is required or permitted to
be prescribed;

(c)	

prescribing the persons or classes of persons, who may apply for the
registration of a medicine;

(d)	

prescribing the forms to be used in an application for registration of a
medicine and the particulars which must be furnished with any such
application;

Select target paragraph3