National Health Act, 2003 (Act No. 61 of 2003)Chapter 5 : District Health System31. Establishment of district health councils |
| (1) | The relevant member of the Executive Council, after consultation with the member of the Executive Council responsible for local government in the province in question and the municipal council of the relevant metropolitan or district municipality, must establish a district health council for every health district in his or her province. |
| (2) |
| (a) | A district health council consists of— |
| (i) | a member of the metropolitan or district municipal council situated in the health district in question, nominated by the relevant council; |
| (ii) | a person appointed by the relevant member of the Executive Council to represent him or her; |
| (iii) | a member of the council of each local municipality within the health district, nominated by the members of the relevant council; and |
| (iv) | not more than five other persons, appointed by the relevant member of the Executive Council after consultation with the municipal council of the metropolitan or district municipality, as the case may be. |
| (b) | The member contemplated in paragraph (a)(i) is the chairperson of the district health council. |
| (c) | In the case of a cross-boundary district, the relevant members of the Executive Council may each appoint a member to represent them and the persons contemplated in paragraph (a)(iv) must be appointed by the relevant members of the Executive Council in consultation with each other. |
| (3) | A district health council must— |
| (a) | promote co-operative governance; |
| (b) | ensure co-ordination of planning, budgeting, provisioning and monitoring of all health services that affect residents of the health district for which the council was established; and |
| (c) | advise the relevant members of the Executive Council, through the Provincial Health Councils, and the municipal council of the relevant metropolitan or district municipality, on any matter regarding health or health services in the health district for which the council was established. |
| (4) | A district health council may create one or more committees to advise it on any matter. |
| (5) | Provincial legislation must at least provide for— |
| (a) | the functioning of district health councils; |
| (b) | the approval, after consultation with the relevant district health council, by the relevant member of the Executive Council and the municipal council of the metropolitan or district municipality, as the case may be, of the detailed budget and performance targets for health services in the health district to which both the provincial and municipal spheres of government must contribute; and |
| (i) | deadlock-breaking mechanisms for cases where agreement between the relevant member of the Executive Council and the municipal council on the budget or performance targets contemplated in paragraph (b) cannot be reached within a period specified in the legislation; and |
| (ii) | corrective action to be taken if the agreement contemplated in subparagraph (i) is breached. |
| (6) | The relevant member of the Executive Council must ensure that each health district and each health subdistrict is effectively managed. |