Public Health Order (No. 12 of 1970)

1 Short title and commencement

2 Interpretation Part I-Administration

3 Functions of the Ministry of Health

4 Appointment of Health Officers and others Part II-Notifiable Diseas es

5 Notification of Diseases 6·16 Prevention and Control of Communicable Diseases Part III--8pecial Provisions Regarding Diseases SUbject to the International Health Regulations

17 Diseases subject to International Health Regulations

18 Power of Minister to make Regulations

19 Execution of Regulations

20 Power of entry

21 Notification of sickness or mortality in animals

22 Notification of diseases subject to the International Health Regulations

23 Requisition of Building, Equipment, etc. Part IV-Prevention of the spread of smallpox

24 Interpretation

25 Vaccination of children

26 Vaccination of Persons entering Lesotho

27 Emergency vaccination

28 Persons unfit for vaccination

29 Certificate of insusceptibility to be given

30 Certificate of successful vaccination

31 No unauthorized fee to be charged

32 Description of person to be entered on certificate

33 Vaccination of inmates of institutions

34 School attendance

35 Vaccination of Candidates for the public service

36 Innoculation from arm to arm, etc., forbidden

37 Regulations Part V-Prevention of Introduction of Diseases

38 Introduction of diseases

39 Removal of infected persons

40 Surveillance or isolation

41 Powers

42 Health Officers to inspect railway trains, etc.

43 Powers to enforce precautions

44 Agreements WIth other Governments

45 Government not liable Section Part VI-Venereal Diseases

46 Venereal diseases

47 Infected employees

48 Conveyance of infection an offence

49 Detention in Hospital

50 Rights of persons detained in Hospital

51 Publication of advertisements

52 Regulations Part Vn-8anitation and Housing

53 Nuisances prohibited

54 Duties of Health Officers regarding nuisances

55 Unsuitable dwellings

56 What constitutes a nuisance

57 Notice to remove nuisance

58 Procedure where owner fails to comply with notice

59 Penalties in relation to nuisances

60-61 Court may order examination

62 Demolition of dwellings

63 Prohibitions in respect of new buildings

64 Regulations Part VIII-Protection of Foodstuffs

65 Buildings used fer storage of foodstuffs

66 Buidings in which foodstuffs are stored or prepared Part IX-Water and Food Supplies

67 Duty of Health Officers

68 Sale of tainted food

69 Seizure

70 Penalty

71 Regulations Part X---Cemeterles

72 Sites

73 Authorized cemeteries

74 Permit to exhume

75 Essential exhumation

76 Reinterment

77 Record of exhumations

78 Closing of cemeteries Part XI-General

79 Basements

80 Lodging housess

81 Nursing Homes

82 Public Washermen

83 Regulations

84 Supervision of vaccines, etc. Section Part XII-Miscella neous Provisions

85 Service of noti ce's

86 Defect in form

87 Powers of entry and inspection

88 Penalties not expressly provid ed for

89 Power to mak e regulations

90 Repeals SCHEDULE I SCHEDULE II

SCHEDULE III ORDER NO. 12 OF 1970 Public Health Order 1970 ORDER To make provision for Public Health [Date of Commencement: see sec, J, to be fixed] Made by th e Council of Ministe rs Short Title 1. This Order may be cit ed as th e Public Health Order 1970, and com- and shall come into operation on a dat e to be fixed by the Minister mencement in the Gazette, provided that different dates may be fixed for the coming into operation of different sections . Interpre- In this Order, unless the context otherwise indicates- tation "adult" means a person of sixte en years of age or over; "approved" means approved by the Minister; "building" includes any structur e whatsoever for whatever purpose used; "bu rial" means the burial in earth, interment or any other form of sepulture or the cremation or any other ap- proved mode of dispos al of a dead body; "child" mea ns a person who is under or appears to be under sixtee n year s 01. age; "cleans ing" me ans th e removal from surfaces, by scrubbing and washing, a, with hot wat er, soap or suitable deter- gent, of infectious agents and of organic matter on which and in which infectious agents may find favourable con- ditions for prolonging the life and virulence of such infecti ous agents, or of killing infectious agents outside the body by chemi cal or physical means directly applied ; "communicable disease" means any disease which can be communicated directly or indirectly by any person suffering th erefrom to any other person; "dwelling" means any house, room, shed, hut, cave, tent, vehicl e, boat or any other structure or place whatsoever, any portion whereof is used by any human being for sleeping or in which any human bein g dwells; "food" means any animal product, fish, fruit, vegetables, con- diments, confectionery, beverages and any other sub- stance whatsoever (other than drugs or water) in any form , state or stage of preparation which is intended or ordinarily used for human consumption; "health officer " means and includes any medical officer, any health inspector, and any public health nurse employed by or so designated by the Permanent Secretary for Health ; "infected " means suffering fro m, or in the incubati on stage of, or contam mated with the infection of any corn- muni cabl e disease; "isolated" means the segregation , and the separation from and interdiction of communication wit h others, of persons who are suspected of being infected, and "isola- tion" has a corresponding meaning ; " medica l surveillan ce" means th e keeping of a person under medical supervision. Persons under such surveillance may be required to remain within a specified area or to attend for medical examination at spe cified places and times ; "Minister" means the Minister for the time being responsible for th e administration of this Order; "Ministry" me ans th e Ministry of Health; "occupier" shall include any person in actual occupation of land or premi ses without regard to the title under which he occupi es and in th e case of premises subdivided and let to lodgers or various tenants the person receiving th e rent payable by lodgers or t enants whether on his own account 01 as an agent for any person entitled theret o or interested therein; " parent " includes th e father and moth er of a child, whethe r adopted or whe the r legitimate or not ; "premises" includes any building or tent together wit h the land on which the same is sit uated and adjoining land used in connexion th erewith , and includes any vehicle, conveyance or boat ; " public building" means a building used or constructed or adapted to be used eit her ordina rily or occasionally as a place of public worship or as a hospital, college, school, th eatre, public hall or as a place of assembly for persons admi tt ed by ticket or oth erwise, or used or adapted to be used for any oth er public purpose; "regulation" means any regulation made and in force under thi s Ord er; "school" means any public or private establishment for nursery, primary or secondary or higher educa tion and includes a hostel or boarding-house kept for housing the pupils at any such establishment; "this Ord er" includes any proclamations, orders, notices or regulations lawfully issued, and for the time being in force, th ereund er; "Veterinary officer' means and incl udes any vet erinary surgeon or livestock officer employed by or so desi gnated by th e Permanent Secretary for Agriculture. PART I-ADMINISTRATION Functions 3. The functions of the Ministry of Healt h sha ll, subject of the to th e prov isions of this Order, be to pro mote th e personal health Ministry and environmental health within Lesotho; to prevent and guard of Health against the introduction of disease from outside; to prevent or control communicable disease; to advise and assist district ad- ministrati ons and local authorities in regard to matters affecting public health; to promote or carry out researches and investiga- tions in connexion with the prevention and treatm ent of human diseases; to prepare and publish r eports and sta tis tics or other information relative to the public health; to report on th e work of th e Ministry to th e Minister who may submit such re port to th e Council of Ministers each year ; to provide for th e appointment of advisers, advisory bodies or councils to assist th e Minister in all matters concerning public health ; and gene rally to administer the provisions of this Order. Appoint- 4. (1) Subj ect to the provisions of the law govern ing the ment of Public Service of Lesotho the Ministry shall have appointed as He alth many bealth officers or oth er office rs as may from time to time be Officers and others necessary. (2) Health Officers and other officers app ointed to or de- signated by th e Ministry of Health shall be suita bly trained and qualified. PART II-NOTIFIABLE DISEASES Notification 5. (1) The provisions of thi s Ord er, unless othe rwise ex- of diseases pressed, sha ll, so far as they concern notifiab le disease apply to- (a) Commu nicable diseas es: Smallpox (including variola minor or alastrim) , typhus fever and lous e-borne relapsing fever, cholera, plague, yellow fever, sle eping sickness (hu man trypanoso- miasis), scarlet fever , diphtheria, erysipelas, puerperal fever, typhoid (enteric) fever (including pa ra -typhoid A, B, C,) , cerebro-spinal menin gitis, poliomyelitis, lepro- sy, anthrax, gla nde rs, rabies, brucellosis (Malta fever) , tu berculosis (all forms), tick-borne relapsing fever, ophthalmia neonatorum, inf ective encephalitis, infective hepatitis, food -poisoning, trachom a, psittacosis, influen- zal pneumonia. malaria, pemphagus neonatorum, Ger- man measles (rub ella) , whooping-cough, schistsomiasis (bilharziasis) , baciliary dysent ry, venereal diseases , tetanus (all forms ), measles and gast ro-enteri tis in child ren und er the age of five years. (b) Non-Commun icable Diseases Lead poisoning, indust ri al poisoning, pneumoconioses , pell agra, scurvy, rickets, kwashiorkor , beri-beri, insecti- cidal poisoning, pesticidal poisoning. (2) The Minister may by notice in the Gazette- (a) declare that any disease other than those specified in subsection (1) of this section shall be notifiable diseases under this Order; (b) declare that only such provisions of this Order as are mentioned in such notice shall apply to any notifiable diseases; (c) restrict the provisions of this Order regarding the noti- fication of any disease, to any district or area and for such period specified in such notice, or until the notice has been withdrawn. (3) Notice of any notifiable diseases shall be furnished by the health officer concerned as soon as practicable to the Per- manent Secretary for Health, Maseru, in the prescribed form. 6. A health officer may at any reasonable time enter and Prevention inspect any premises in which he has reason to believe that any and person suffering or who has recently suffered from any comu- ~~~~nyf municable disease is or has recently been present, or any inmate able dise;ses of which has recently been exposed to the infection of any com- municable disease, and may medically examine or cause to be medically examined any person in such premises for the purpose of ascertaining whether su ch person is suffering or has recently suffered from any such dis ease. 7. (1) Where any health officer is of opinion that the clean- sing of any building or part thereof, and of any articles therein likely to retain infection would tend to prevent or check com- municable disease, he may give notice in writing to the owner or occupier of such building or part thereof specifying the steps to be taken to cleanse such building or part thereof and articles within a specified time tr, such notice. (2) If a person to whom such notice is given fails to comply therewith he shall be guilty of an offence. (3) Where the owner or occupier of any such building or part thereof is from poverty or otherwise unable to comply with the provisions of this section a health officer or other duly au- thorized officer may, witr, or without his consent enter and cleanse such building or part thereof and articles therein . 8. A health officer may direct the destruction of any bed- ding, clothing or other articles which have been exposed to in- fection from any communicable disease, or which in the opinion of a health officer are infected and any such direction shall be sufficient authority for any person authorized thereto to destroy the same, and the Ministry of Health may award compensation for any bedding, clothing or othe r articles destroyed in pursuance of this section. 9. The Ministry of Health may provide a proper place for the cleansing of bedding, clothing or oth er articles which have become inf ected, and Play cause any such articles brought for cleansing to be cleans ed free of charge. 10. (1) Where in the opinion of a health officer any person certified to be suffering from a communicable disease, is not accommodated or is not being treated or nursed in such manner as adequately to guard against the spread of the disease, such person may, on the order of a registered medical practioner, be detained in or removed to a hospital or any temporary place which in the opinion of the registered medical practitioner is suitable for the reception of ruch person and there detained until the health officer or any medical practitioner duly authorized thereto by the Permanent Secretary for Health is satisfied that he is free from infection or can be discharged without danger to the public health. (2) Any person detained in accordance with an order of a health officer who escapes or attempts to escape shall be guilty of an offence. 11. (1) Any person who- (a) while suffering from any communicable disease wilfully exposes himself without proper precautions against spreading the said disease in any street, public place, shop or public conveyance; or (b) being in charge of any person so suffering so exposes or conveys such sufferer; or (c) gives, lends, sells, transmits 01' exposes, without previous cleansing any bedding, clothing, rags or other articles which have been exposed to infection from any such disease; shall be guilty of an offence: Provided that proceedings under this section shall not be taken against persons conveying with proper precautions any bedding, clothing, rags or other articles for the purpose of having the same cleansed. (2) For the purposes of this section, "public conveyance" includes any railway roach, omnibus, motor car or any vehicle whatsoever or any aircraft, if the conveyance plies for hire or is used by members of the public. 12. Every owner 01' driver of a conveyance shall immedia- tely provide for the cleansing of such conveyance on the instruc- tion in writing of a health officer. 13. Any person who knowingly lets for hire any dwelling or premises or part thereof in which any person has been suffer- ing from a communicabl e disease without having the same and all articles therein likely to retain infection, efficiently cleansed to the satisfaction of a health officer as testified by certificate signed by him shall be guilty of an offence. 14. In every case of a death from a communicable disease it shall be the duty of the occupier of the premises in which the death has occurred immediately to arrange for a health officer to be notified thereof, and to make the best arrangements practic- able, pending the removal of the body and the carrying out of thorough cleansing, for preventing the spread of such disease. 15. (1) When- (a) th e body of a person who has died of a communicable disease is retained in a room in which any person lives , sleeps or works, or in which food is kept or prepared or eaten; or (b) any dead body is retaine d in any dwelling or place under circumstances which in the opinion of a health officer are likely to endanger health; or (c) any dead body is found and is unclaimed or where no competent person und ertak es to bury it; any magistrate, Ju stice of the Pea ce or member of the Lesotho Mounted Police of or above the ra nk of sergeant, may on a certifi- cate sign ed by a health officer , direct that the body be removed to a mortuary for post- mortem examination, or if th e body is that of a person certified to have di ed of a communicable disease, may order that the body be buried imm ediately witho ut removal to a mortuary: Provided that if fr iends or relatives of the deceased undertake to, and do, bury th e body within the time so speci- fied, the work of ,4oing so shall be defrayed by th e Ministry of Health, and may be recovered by it by acti on in any court fr om any person legally liable to pay expens es of interment. (2) Any person who hind ers or obstru cts th e execution of any order or direction given under this section sha ll be guilty of an offence. 16. The Ministe r may make regulations appli cable to all communicable diseases or only to such communicable diseases as may be specified therein r egardi ng the following matters- (a) the imposition and enforcement of isolati on or of medical observation and surveilla nce in r espect of persons suffering from comm unicable disease who ar e not removed to a hospit al or place of isolati on, the pre- mises in which such persons are accommodated, thos e in charge of or in attendance on such persons and other persons living in or visiti ng such premises or who other- wise may ha ve been exposed to th e infection of any such disease; (b) the duties, in respect of the prevention of communicable disease and in respect of persons sufferi ng or suspected to be suffering therefrom, of occupiers of land on which pers ons re side and of employers of labour, and of chiefs and headmen and others; (c) th e measur es to be taken for preventing th e spr ead of or eradicating smallpox, typhus fever, typhoid fever, cholera, yellow fever, plague, poliomyelitis, tuberculosis or any other communicable dise ase re quiring to be dealt. with in a special manner; (d) the conveyance of perso ns suffering fr om or th e bodi es of persons who have died of a communicable disease; (e) the prevention of the spread from any animal, or the carcase or produce of any animal to man, of anthrax, glanders, measles (tape worm), plague, rabies, tuber- culosis or any other disease communicable by any animal, other carcase or product of any animal, to man; (f) the prevention of the spread of disease by flies and other insects and the destruction of and the removal or im- provement of conditions permitting or favouring the prevalance or multiplication of such flies or insects; (g) the destruction of rodents and other vermin, the removal or improvement of conditions permitting or favouring the harbourage or multiplication thereof; (h) the prevention of any disease in man caused by any animal or vegetable parasite; (i) the prevention of the spread of any communicable disease by the carrying on of any business, trade or occupation; (j) the prevention of the spread of any communicable disease by persons who, though not at the time suffering from such disease are "carriers" of and likely to disse- minate the infection thereof, and the keeping under medical surveillance and the restriction of the movement of such persons, (k) the regulation and restriction of any trade or occupation entailing special danger to the health of those engaged therein, whether from communicable disease or other- wise, and the institution of measures for preventing or limiting such danger; (l) cleansing centres and the cleansing of dirty or verminous persons, the cleansing or fumigation of premises, clothing or other articles which have been exposed to or are believed to have been contaminated with the infection of any communicable disease; or which are dirty or verminous and prohibiting the carrying out of any fumigation which involves the use of poisonous gas except under licence: (m) rag flock manufacture and the trade in rags and in bones and in second-hand clothing, bedding or any similar article, and requiring the cleansing of any such article before its importation, removal, sale or exposure for sale or use in any manufacturing process; (n) the disposal of any refuse, waste matters, or other matter or thing which has been contaminated with or exposed to the infection of any communicable disease; and generally for the better carrying out of the provisions and attaining the objects and purposes of this Part. PART m -8PECIAL PROVISIONS REGARDING DISEASES SUBJECT TO THE INTERNATIONAL HEALTH REGULATIONS 17. (1) The provisions of this Order, unl ess oth erwise Diseases expressed, in so far as they concern dis eases subject to the subject to Int ernational Health Regulations shall be deemed to apply to International smallpox (including alast rim or variola minor), plague (a ll Health . form s) , cholera (incl uding cholera du e to the El Tor Vibrio) and Regulations yellow fever. (2) The International Health Regulations shall be published in the Gazctte within tlnrty days afte r th e coming into operation of this Order and any amendment th ereto shall be published in the Gazette as soon as may be afte r th e Govern ment becom es a party to such amendment. (3) Every amendment to the Intern ational Health Regula- tion s to which Government becom es a party shall be laid befor e the Council of Ministers wit hin thirty days aft er its publicati on in th e Gazette und er the provisions of subsection (1 ) or if the said Council is not then in sessio n within thirty days of the com- mencement of its next session. (4) (1) The Minister may by regulation- (a) make such provision as appears to him necessary or expedient for the carrying out of and giving effect to the International Healt h Regul ations; (b) sub ject to the provisions of th e International Health Regulations, impose fees and provide for the recovery of any expenditure incurred in givin g effect to th e Inter- national Health Regul ation s. (2) Any r egulations made und er thi s section may presc ribe penalties for any contravention th ereof, but no such penalty shall exceed a fine of two hundred rands or in default of payment im- pri sonm ent for a peri od not exceeding six months. 18. Whenever Lesotho or part th ereof appears to be Power of threatened by any of the diseases mentioned in section 17, the Minister to make Minist er may make r egul ation s for all or any of the following regulations purposes - (a) for th e speedy inte rment of the dead; (b) house to house visitation ; (c) the provision of medical aid and accommodation, for the promotion of ventilati on and cleansing generally and for guarding against th e sprea d of disease; (d) for preventing any person from leaving any infected area without undergoing all or any of the following: medical examination, cleansing, inoculation , vaccination or revaccination or passing a specified period in an ob- servation camp or centre ; (e) for the establishment of hospitals and observation camps or centres, and for accommodating therein persons suffering from or who have been in contact with persons suffering from communicable disease; (I) for the destruction or cleansing of buildings, furn itu re, goods or other articles, which have been used by persons suffering from communicable disease, or which are likely to spread the infection; (g) for the r emoval of persons who are suffering from a communicable disease and persons who have been in contact with such persons; (h) for the removal of corp ses; (i) for th e destruction of rats, and the better prevention of the danger of spreading infection by rats; (j) for the regulation of hospitals used for the reception of persons suffering from a communicable disease and and of observation camp s and centres; (k) for th e removal and cleansing of articles which have been exposed to infection; (I) prohibiting any person living in any building or using any building for any other purpose whatsoever if in th e opinion of the health officer any such use is likely to cause the spread of any communicable disease and any re gul ation made under thi s section may give a health officer power 10 prescribe th e conditions on which such a building may be used; (rn) for any other purpose whether of the same kind or nature as the for egoing or not, having for its object the prevention or control of communicable diseases; and may by ord er declare all or any of the regulations so made to be in force within the whole or any part or parts of Lesotho. Execution 19. A health officer or other authorised officers in any area of regula- within which or part of which regulations so issued by the tions Minister are declared to be in force shall do and provide all such acts, matters and things as may be nec essary for mitigating any such disease, or aiding in execution of such regulations or for executing the same, as the case may require, and a health officer may from time to time cause to be instituted any prosecution or legal proceedings for or in respect of the wilful cont ravention of any such regulations . Power of 20. A health officer and other dul y authorized officers shall entry have power of entry on any premises for the purpose of executing or superintending the execution of any regulations so issued by the Ministe r as aforesaid. Notification 21. (1) Every person who becomes aware of any unusual of sickness sickness or mortality among rats, mice, cats, dogs or other animals or mortality in animals susceptible to plague, rabi es or oth er diseases subject to the Internati onal Health Regul ations, not due to poison or other obvious cause, shall immediately report the fact to his Chief who in turn shall report to the nearest [District Administrator 1 or to GN . 119/1970 a health or veterinary officer. (2) Any such person who fails so to report shall be guilty of an offence. 22. Every health officer shall immediately report to the Notification Permanent Secretary for Health, Maseru, by radio, telegraph or of diseases other expeditious means . particulars of every notification received subject to the of a case of any disease subject to the International Health Regu- International lations, or of any unusual sickness or mortality in animals made Health under the last preceding section. Regulations 23. (1) Where an outbreak of any diseases subject to the Requisition International Health Regulations exists or is threatened it shall be of buildings, equipment, lawful for the Permanent Secretary for Health to require any etc. person owning or having charge of any land or any buildings or dwellings not occupied, or any person owning or having charge of transport, bedding, hospital equipment, drugs, food or other appliances, materials or articles urgently required in connexion with the outbreak, to hand over the use of any such land or building or to supply or make available any such article, subject to the payment of a reasor able amount as hire or purchase price. (2) Any person who without reasonable cause, fails or refuses to comply with any such requirement shall be guilty of an offence. PART IV-PREVENTION OF THE SPREAD OF S~IALLPOX 24. For the purposes of this Part - Interpre- tation "public vaccinator" shall include a public vaccinator appointed by the Permanent Secretary for Health and any person appointed by the Permanent Secretary for Health to assisl or act for a public vaccinator, and includes any health officers; "unprotected person" includes a child and means a person who has not Leen protected from smallpox by having had the disease, either naturally or by inoculation or by having been successfully vaccinated, and who has not been certified under the provisions of this Order to be insusceptible to vaccination. Vaccination 25. The parent or guardian of every child in Lesotho shall, of children unless such child is insusceptible or unfit or has suffered from smallpox, cause such child to be vaccinated by a public vaccinator, or other approved medical practitioner and the parent or guardian of every such child shall procure one of the following certificates on the form prescribed signed by a public vaccinator or other approved medical practitioner; (a) Certificate of successful vaccination; (b) Certificate of insusceptibility to vaccination; (c) Certificate of unfitness for vaccination; (d) Certificate that such child has suffered from smallpox. Vaccination 26. (1) Every unvaccinated adult person, or the parent or of persons guardian of every unvaccinated child, in Lesotho shall cause entering Lesotho himself or such child to be vaccinated immediately upon entering Lesotho. (2) The conditions and exceptions described in section 25 shall mutatis mutandis apply to any adult person or child des- cribed in this section . (3) A person shall be deemed to be unvaccinated if he has not been or fails to prove that he has been successfully vaccin- ated. (4) Every person entering Lesotho for whatever purpose shall be in possession of a valid International Certificate of vaccination against smallpox. Emergency 27. In the event of the occurence or threatened outbreak of vaccination smallpox in any area- (a) a health officer may require any person who has or is suspected to have been in any way recently exposed to smallpox infection to be vaccinated or revaccinated forthwith and may require the parent or gua rdian of any child who has or is suspected to have been so exposed to have such child vaccinated or revaccinated forthwith. Any person failing to comply with such requirement shall be guilty of an offence. (b) a health officer may, or when instructed by the Per- ment Secretary for Health to do so shall , require all persons within a defined area to attend at specified centres to undergo examination, vaccination, or re- vaccination as circumstances may require. Notices in this regard shall be published in the Press, or posted up in public places, or otherwise as may be deemed sufficient by the health officer. Non-att endance shall be deemed to be an offence. (c) any public vaccinator or medical practitioner duly au- thorized by the Permanent Secretary for Health may require any person in such area to furnish satisfactory proof that he has been successfully vaccinated within three years immediately preceding the date of such re- quirement. Any person who fails to furnish such proof in regard to himself or any child of which he is the parent or guardian, and refuses to allow himself or such child to be vaccinated, shall be guilty of an offence. Persons 28. If a public vaccinator or medical practitioner is of unfit for vaccination opinion that any adult or child is not in a fit state to be vaccinated, he shall issue to the adult or to the parent or guardian of the child a certificate under his hand in the form set out in Schedule I to this Order, or to the like effect, that the adult or child is in an unfit state for vaccination and such certificate shall remain in force for six months but shall be renewable for successive periods of six months until the public vaccinator or medical practitioner deems the adult or child to be fit for vaccination when the adult or child shall with all reasonable despatch be vaccinated. 29. (1) If a pub lic vaccinato r or medical pra ctitioner finds Certifi cate any adult or child whom he has th ree ti mes unsuccessfully vac- of insus- ceptibility cinated is insu sceptible of successful vaccinatio n or th at th e adult to be given or child coming to him for vaccination has already been success- fully inoculated or had smallpox, he shall deliver to the -adult or to th e parent or guar dian of the child a certifi cat e und er his hand in th e form set out in Schedu le II to this Orde r . (2) A certificate of insusceptibility to vaccination sha ll be given by a public vaccinator or medical practi tioner only afte r three un successful attempts at vaccination at intervals of not less th an one month have been made by him. 30. A public vaccinator or medical practitioner who vacci- Certificate nated any adult or child, and is satisfied th at the vaccination has fullof success- been successful, shall deliver to such adult or to th e parent or vacci nation guardian of such child a certificate in the form set out in Schedul e III to thi s Orde r certifying that th e said adult or child has been successfully vaccinated. 31. No fee oth er than a fee authorized by th e Minister shall No unau- be charged by any public vaccinator or medical practitioner for thorize d fe e any certificate granted und er this Orde r , or for any vaccina tion cha to be rge d done by him in pursuance of this Order. 32. A public vaccinator or medical practiti oner giving any Description certificate under this Order shall ent er th ereon a description of tofo be person th e person in respect of whom the certificate is granted sufficient ent ered on for th e purpose of identi fication. ce rtifica te 33. Every superintendent or person in charge of a leper Vaccination hospital or mental hospital, prison, reform atory, or oth er similar ofof inmates insti tution, shall cause to be vaccinated within fourte en days institution s following his admission to such institution every inmate thereof who, being in a fit state of healt h to und ergo vaccination, has not been successfully vaccinated within th re e years immedia tely pre- ceding ; if such person is at th e ti me unfit to und ergo vaccination he sha ll be vaccinated as soon as he is so fit. 34. (1) Any child admitted to any school without having School been previously successf ully vaccin ate d with in three yea rs im- atte ndance mediately preceding shall be so vaccinated within th e first year of such admission. (2) For the purpose of ascertain ing whether th e provisions of subsection (1) of this section are being observed, every health officer is he reby authorised and requi red whenever instru cted by the Permanent Secr et ar y for Health to visit any school, and mak e the re in such inspection of th e childre n attending th ereat as will enab le him to furnish prescri bed particulars to th e Permanent Secretary for Health as to th e children who are unvacci nated. 35. Any candidate for appointment in the public service or Vaccinati on the Lesotho Mounted Police may be required as a condition of dates of candi- for the such emploment- public (a) to produce proof th at he has alre ady suffere d from se rvice smallpox or has within th e immediately precedin g three years been successfully vaccin ated or found to be in- susceptible to vaccinati on and where he has been found to be insuscepti ble to vaccination, that a certificate of insusceptib ility has been issued by a medical prac- titioner; or (b) to und ertake to submit himself to vaccination and to produce proof of successfu l vaccination within one month aft er the date of his appo intment. Inoculation 36. Any person whe inoculates himself or any other person from arm with material ta ken from a person suffering from smallpox or to arm. etc ., forbidden from a vaccine vesicle on another person or by any method not prescribed in regul ati ons shall be guilty of an offence. Regulations 37. The Ministe r may make regulations - (a ) prescribing forms of certificate, notices, returns, and books of record to be used in connexion with public vaccination, and defining th e informati on to be furn ished th erein, and requ irin g the furnishing and prescribing th e manner of use thereof by Registrars of Births, public vaccinators, medi cal practitioners, parents or guardians of child ren , employers of labour and others; (b ) conferring powers and imposing duties, in connexion with th e carrying out or enforcement of vaccination, on GN 119/1970 magistra tes, [District Administrators,] Justices of th e Pe ace, memb ers of the Police Force, or other Govern- ment Officers, persons in charge of schoo ls, employers of lab our, Chiefs, headm en and others; (c) prescribing the conditions under which vaccine lymph may be supplied free of charge to medical practitioners and oth ers ; (d) providing for th e vaccination or revaccination of persons and assign ing where deemed desirable the responsibility for carrying out of such vaccinati on or revaccination to specified bod ies or employers of labour; (e) as to th e application and enforcement of the provis ions of this Part to persons entering Lesotho and for requir- ing, wh ere deemed necessary, the vaccination or re- vaccination of any person before so enteri ng. PART V-PREVENTION OF INTRODUCTION OF DISEASES Introduc- 38. (1) Th e Minist er may by notice in the Gazette prohibit , tion of restrict or re gulate th e im migrati on or importation into Lesoth o diseases of any person, anima l, article or thing likely in his opinion, to to introduce any communicable disease, or impose restrictions or conditions as regard s tbe examination, detention, cleansing, or otherwise of any such person, animal article or th ing. (2) Any person who contravenes or fails to comply with any such notice shall be guilty of an offence, and shall be liable to fine not exceeding two hundred rand s or to imprisonment, for a period not exceedin g six months or to both such fine and im- prisonment. 39. (l) Where any person arriving in Lesotho by train or Removal of other conveyance is found to be suffering from any communicable infecte d disea se, and in the opinion of a health officer canno t be accom- persons modated or cannot be r.urs ed and tr eated so as to guard against the spread of th e disease or to promote recovery, a health officer may ord er the r emoval of such person to a hospital or place of isolati on for such peri od as may be necessary in the interests of th e patient or to prevent spre ad of infection. (2) All expenses necessarily incurred in dealing with a pati ent under this sectiun shall be a charge against the said patient and may be recovered fr orn him in th e manner prescribed by law; Prov ided that in th e case of a person who is un able to pay any or all of such expenses necessaril y incurred on his behalf, such expenditur e or balance thereof shall be a cha rge on the Ministry of Health. 40. (l) Where any person arriving by train or oth er con- Surveillance veyance within Lesotho 1S believed to have been recently exposed or isolation to the infection, or may be in th e incubati on stage of any com- municable disease, a health officer may r equi re such person to be removed to some hospital or place of isolation until considered fr ee from infection, or alternatively may allow such person to proceed to his place of destinati on and ther e report himself to a health officer for medic al surveillance by such health officer until considered free from infection. (2) A health officer shall in each case notify the med ical officer of the district where such person's destination is of the fact that such person is beli eved to have been recently exposed to infection and has been allowed to procee d to his destin ation. 41. (1) Any health officer may at any time board any train Powe rs or other conveyance arriving within Lesotho and may inspect any portion thereof or anything therein and may medically examine or cause to be medically examined any person travelling by such train or other conveyance and require such person to answer any question for the purpose of ascertaining if such person is infected by or has recently been exposed to th e infection of any communic- able disease. (2) Any person who refuses to allow such officer to board any train or other conveyance or to make any inspection or med ical examination as aforesaid or otherwise obstructs or hinders any such officer in th e execution of his duty, or who fails or refuses to give any information which he may lawfully be re- qui red to give , or who gives false or misleading information t o any such officer, knowin g it to be false or misleading, shall be guilty of an offence. 42. The Permanent Secr etary for Health may, when he may Health consider it necessary for th e prevention of the spread of any com- officers to municable disease, designate any health officer to inspect tr ains inspect rauw ay ur othe r conveyance and any article or thing therein, and to train s, etc . examine any persons travelling by train or other conveyance, whether entering or leaving or travelling within Lesotho. Powers to 43. (1) When it is considered necessary for the purpose of enforce preventing the introduction of communicable disea se into precautions Lesotho, the Minister may by notice in the Gazette - (a) regulate, restrict or prohibit the entry into Lesotho at its borders or any specified part thereof of any person; (b) regulate, restrict or prohibit the introduction into Lesotho at its borders or any specified part thereof of any animal, article or thing; (c) impose requirements or conditions as regards the medical examination, detention, quarantine, cleansing, vaccination, isolation or medical surveillan ce or other- wise of persons entering Lesotho, or the examination, detention or cleansing or otherwise of any article or thing introduced into Lesotho at its borders or any part thereof; (d) apply with or without notifications any particular pro - visions of this Part to persons, animals, articles or things entering or in troduced into, departing or removed from Lesotho by means of aircraft. (2) Any person who contravenes or fails to comply with any such notice shall be guilty of an offence . Agreements 44. The Minister may enter into agreements with any with other foreign country, providing for the reciprocal notification of out- governments breaks of any disease subject to International Health Regulations or other disease or any other matter affecting the public health relations of Lesotho with other countries. Government 45. Wherever under this Part powers are exercised by the not liable Minister or other officer in accordance therewith and with the regulations and by reason of the exercise of such powers- (a) any person, conveyance, article or thing is delayed or removed or detained; or (b) any article or thing is damaged or destroyed; or (c) any person is deprived of the use of any article or thing; the Government shall not be liable to pay compensation, provided due care and reasonable precautions have been taken to avoid unnecessary delay or damage or destruction . PART VI-VENEREAL DISEASES Venereal 46. The provisions of this Order unless otherwise ex- diseases pressed, in so far as they concern venereal diseas e shall be deemed to apply to syphilis, gonorrhoea Gonococcal ophthalmia, soft chancre, venereal warts and venereal granuloma. Infected employees 47. (1) Every person, who, while suffering from any venereal disease in a communicable form, accepts or continues in employment in domestic service or in or about any factory, shop , hote l, restaurant, house, or other place in any capacity entailing the care of children or the handling of food utensils or food intended for consumption or use by any other person shall be guilty of an offence, unless he proves that he did not know or suspect, and had no rea sonable means of knowing or suspecting that he was so suffering, and shall be liable to a fine not exceeding fifty rands or to imprisonment for a period not exceeding three months or to both such fine and imprisonment. (2) Every person shall be guilty of an offence who employs or continues to employ any person in domestic service suffering fr om any venereal disease in a communicable form, or if, by reason of any employment, such person is required or is permitted to have the care of children or to handle any food utensils or food intended for consumption or use by any person other than the person employed, unless the employer proves that he did not know or suspect, and had no r easonable means of knowin g or susp ecting that the person so employed by him was suffering from such disease. 48. Every person who wilfully or by CUlpable negligence in- Conve: fects any other person with venereal disease or does or permits of infecti or suffers any act likely to lead to the infection of any other person an Off4 with any such disease, shall be guilty of an offence, and shall be liable to a fine not exceeding two hundred rands or to imprison- ment for a period not exceed ing six months or to both such fine and imprisonment. 49. (1) Where any person sentenced to imprisonment Detent under this Order or any other law is suffering from venereal in hosplts disease in a communicable form, he may, by order of a magistrate be removed to a special hospital or place of accommodation, and be detained under treatment therein until the expiry of his sentence, and the magistrate, on the representation of the medical practitioner treating such person , and if satisfied that the public health cannot otherwise adeq uately be safeguarded and that such pe rson when released IS un likeiy to undergo treatment by a medical practitioner for such disease, may order that he be de- tained in such hospital or place either for a specified period after the expiry of his sentence or until he is cured or free from disease in a communicable form. (2) Any person so detained in a hospital or other place of accomodation who escapes or attempts to escape therefrom shall be guilty of an offence. 50. Any person who feels he is being wrongfully detained Rights in hospital und er this Part shall be entitled to arrange, at his own person detains expense, for his examination any med ical practitioner, and a hosp ita report of such examination shall be furnished to the Permanent Secretary for Health, who may thereupon cause to be made any further examination of such person which he deems necessary. No person shall be detained in hospital under this Part who is not, or is no longer, suffering from a venereal disease in a communic- able form. Publicati on 51. (1) No person shall publish any advertisement or of ad- statement intended to promote the saie of any medicine, appliance vertisements or article for the alleviation or cure of any venereal disease or dise ase affecting the generative organs or functions or of sexual impotence, or of any complaint or infirmity arising from or rela- ting to sexual intercourse. (2) Any person who publishes any such advertisement or statement by printing it in any newspaper or exhibiting it to public view in any place or delivering or offering or exhibiting it to any person in any street or public place or in any public con- veyance or who sells, offers or shows it or sen ds it by post to any person, shall be guilty of an offence. For the purposes of this section "advertisement" or "statement" includes any paper, document, or book containing any such advertisement or state- ment. (3) This section shall not apply to publication by the Ministry of Health, or other public body in the discharge of its lawful duties or by any society or person acting with the authority of the Permanent Secretary of Health, or to any books, documents or papers published in good faith for the advancement of medical science. (4) No prosecution unde r this section shall be instituted except on information laid by the Permanent Secretary for Health. Regulations 52. (1) The Minister may make regulations - (a) prescribing forms of certificates, notices, orders or re- tu rns and books of record to be used in connexion with vene rea l disease, and defining the information to be fu rn ished ther ein and requiring the furnishing and prescribing the man ner of use thereof by health officers, district administrative secretaries and other officers; (b) conferring powers and imposing duties in connexion with GN 119/1970 venereal disease on health officers, [District Administra- tors] and othe r officers, employers of labour, occupiers of land on which reside persons and Chiefs or headmen; (c) providing for the effective enforcement of this Part as regards persons or classes of persons and assigning, where deemed desirable, responsibility in connexion ther ewith to health officers or employers of labour; (d) as to the management, maintenance and inspection of hospitals or other institutions for the purposes of this Part and the appointment of and duties of persons em- ployed therein or otherwise in connexion with the carry- ing out or enforcement of this Part; (e) as to the classification, treatment, control and discipline of persons treated or detained in such hospitals or in- stitutions; (f) prescribing the procedure of and precautions to be taken by persons suffering from, or attending on or having the care or charge of persons suffering from venereal disease; and generally for better carrying out the provisions and attaining the objects and purposes of this Part. (2) Any person who contravenes or fails to comply with regulation made under this section shall be guilty of an offence. PART Vn-8ANITATION AND HOUSING 53. No person shall cause a nuisance or allow a nuisance to Nuisances continue on any land or premises owned or occupied by him or prohibited of which he is in charge which is likely to be injurious or danger- ous to health. 54. (1) It shall be the duty of every health officer to take Duties of all lawful, necessary and reasonably practicable measures for Health maintaining his area at all times in a clean and sanitary condition, Officers or requiring to be remedied, any nuisance or condition liable to regarding nuisances be injurious or dangerous to health and to take proceedings at law against any person causing or responsible for the occurrence or continuance of any such nuisance or condition. (2) If it appears to a health officer that a nuisance exists on any premises occupied as offices of the public service of Lesotho, he shall report the circumstances to the head of the appropriate government department and th e latter shall forthwith cause such steps to be taken as may be necessary to abate the nuisance and to prevent a recurrence thereof. 55. It shall be the duty of every health officer to take all Unsuitable lawful, nece ssary and reasonably practicable measures for pre- dwellings venting or causing to be prevented or remedied all conditions likely to be injurious or dangerous to health arising from the erection or occupation of unhealthy dwellings or premises, or the erection of dwellings or premises on unhealthy sites or on sites of insufficient extent, or from overcrowding, or from the construc- tion, condition or manner of use of any factory or trade premises, and to take proceedings under the law or regulation in force against any person causing or responsible for the continuance of any such condition. 56. (l) The following shall be deemed to be nuisances What con- liable to be dealt with in the manner provided in this Part: stitutes a nuisance (a) any railway carriage or other conveyance in such a state or condition as to be injurious or dangerous to health; (b) any dwelling or premises or part thereof which is or are of such construction or in such a state or so situated or so dirty or so verminous as to be in the opinion of the health officer injurious or dangerous to health, or which is or are likely to promote the spread of any disease; (c) any street, road or part thereof, any stream, pool, ditch, gutter, water-course, sink, water tank, cistern, water closet , privy, urinal, cesspool, soak-away pit, septic tank, cesspit, soilpipe, wastepipe, drain, sewer, garbage recep- tacle, dustbin, dun g-pit, refuse-pit, slop-tank, ash-pit, manu re heap so foul or in such state or so situated or constructe d as in the opinion of a health officer to be offensive or to be injurious or dangerous to health; (d) any well or other source of water supply or any cistern or other receptacle for water, whether public or private, the water from which is used or is likely to be used by man for drinking or domestic purposes or in connexion with any dairy or milkshop, or in connexion with the manufacture or prepar ation of any article of food in- tended for hu man consumption, which is in the opinion of a health officer pollu ted or oth erwise liable to render any such water injurious or dangerous to health; (e) any noxious matter , or waste water flowing or discharged -: from any premises wherever situated, into any public street, or into th e gutter or side channel of any street or in to any water-course, irrigati on chann el or bed there- of not approved for the reception of such discharge; (f) any stable, cow-shed or other building or structure used for keeping of animals or birds which is so constructed, sit uated, used or kept as to be offensive or which is in- juri ous or dangerous to health ; (g) any animal so kept as to be a nuisance, or injurious to health; (h) any accum ulation or deposit of refuse, offal, manure or any other matter whatsoever which is offensive or which is injurious or dange rous to health ; (1) any accumulation of stones, timber or other building material if such is in the opinion of a health officer lik ely to ha rbour rats or other vermin. (j) any premises in such a state or condition and any building so construc ted as to be likely to harbour ra ts or other rodents; (k) any dwelling or premises which is so overcrowded as to be injurious or dang ero us to the health of the inmates or is dilapidated or defective in lighting or ventil ation or is not provided with or is so situated that it cannot be provide d with san itary accommodation to the satis- faction of a health officer; (1) any public or oth er building which is so situated, con- structed, used or kept as to be unsafe, or injurious or dangerous to hea lth; (rn ) any occupied dwelling for which such a proper, sufficient and wholesome water supply is not available within a reasonable distance as und er th e circumstances it is possible to obtain; (n) any factory or trade premises not kept in a clean state and fr ee fro m offensive smel\ arising from any drain, privy water closet, earth closet, or urinal or not venti- lated'so as to destroy or render harmless and inoffensive as far as practicable any gases, vapours, dust or other impurities generated, or so overcrowded or so badly lighted or ventilated as to be injurious or dangerous to the health of thos e employed therein ; (0) any factory or trade premises causing or giving rise to smells or affluents which are offensive or which are injurious or dangerous to health; (p) any area of land kept or permitted to remain in such a state as to be offensive, or liable to cause any communic- able or preventable disease or inj ury or danger to health ; (q) any chimney sending forth smok e in such quantity or in such a manner as to be offensive or injurious or danger- ous to health ; (r) any act, omission, or thing which is or may be offensive, dangerous to life, or injurious to health. (2) The author of a nuisance means any person by whose act , default or sufferance nuisance is caused, exists or is con- tinued whether he be the owner or occupier or both owner and occupier or any other person. 57. If a health officer is satisfied of the existence of a Notice to nu isance he shall have a notice served on the author of the remove nuisance nuisance, or if he cannot be found, then on the occupier or owner of the dwelling or premises on which the nuisance exists or con- tinues, requiring him to remove it with in the time specified in the notice, and to execute such work and do such things as may be neccessary for that purpose and if the health officer deems it necessary specifying any work to be executed to prevent a re- currence of the said nuisance: Provi ded that - (a) where the nu isance arises from any want or defect of a structure or character, or where the dwelling or pre- mises are unoccupied the notice shall be served on the owner; (b) where the author of the nuisance cannot be found and it is clear that the nuisance does not arise or continue by the act or default or sufferance of the occupier or owner of the dwelling or premises, the health officer shall have the same re moved and may do what is necessary to prevent a recurrence thereof. 58. (1) If the person on whom a notice to remove a Procedure where nuisance has been served as aforesaid fails to comply with any owner fails of the requirements thereof within the time specified, the health to comply officer sha ll cause a complaint relating to such nui sance to be with made before a magistrate and such magistrate shall thereupon noti ce issue a summons requiring the person on whom the noti ce was served to appear before his court. (2) If the court is satisfied that the alleged nuisance exists, the court shall make an order on the author thereof, or the occupier or owner of th e dwelling or premises, as the case may be, r equi ring him to comply with all or any of the requirements of the notice or otherwise to remove the nuisance within a tim e specified in the orde r and to do any works necessary for that purpose. (3) The court may by such order impose a fine not exceed- ing twenty-five ra nds on the person on whom th e ord er is made and may also give directions as to the payment of all costs in- curred up to the t ime of the hearing or makin g of th e order for th e r emoval of the nu isance. (4) If th e nuisance although removed since the service of th e notice in the opin ion of th e health officer is likely to recur on th e same premis es, the health officer shall caus e a complaint relating to such nuisance to be made before a magi strate and the magistrate shall ther eupon issue a summons requiring the person on whom th e notice was served to appear before him . (5) If the court is satisfied that the alleged nuisance although removed is likely to r ecur on the same premises, the court shall make an order on th e author th ereof or th e occupier or owner of the dwelling or premises, as th e case may be, requir- ing him to do any specified work necessary to prevent the r e- currence of the nu isance and prohibiting its recurrence. (6) In the event of the person on whom such order as is specified in subsections (4) and (5) of this section not complying with the order withi n a reasonable time the health officer shall again cause a complaint to be made to a magistrate, who shall thereupon issue a summons requiring such person t o appea r befor e him and on proo f th at the order has not been compli ed with may impose a fine not exceeding one hundred rands and may also give directions as to the payment of all costs up to the time of the hea rin g. (7) Befor e making any order, the court may, if it thinks fit, adjourn the hearin g or fu rther hearing of the summons until an inspection, investigation or analys is in respect of th e nui sance alleged has been made by some competent person. (8) Where th e nuisance proved to exist is such as to rend er a dwelling unfit , in the opinion of the court , for human habitation , th e court may issue a closing order prohibiting the use thereof as a dwellin g until in its opinion th e dwellin g is fit for that purpose; and may further ord er that no rent shall be due or payable by or on behalf of the occupier of that dwelling in respect of the peri od in which the closing order exists; and on th e court being satisfied th at it has been rendered fit for use as a dwelling the court may t erminate the closing order and by a further order declare the dwelling habitable, and from th e dat e thereof such dwelling may be let or inh abit ed. Notwithstanding any such last mentioned order further pro- ceedings may be taken in accordance with this secti on in respect of the same building in the event of any nui sance occurring or of the dwelling bein g again found to be unfit for human habitation . 59. (l) Any person who fails to obey an order to comply Penalties in with the r equi rem ents of the health officer or otherwise to remove relation nuisances to the nu isance, shall, unless he satisfies the court that he has used all diligence to carry out such order, be liable to a fine not exceed- ing five rands for every day du ring which the default continues; any person wilfully acti ng in contravention of a closing order issued und er th e last preceding secti on shall be liable to a fine not exceeding five rands for every day during which the contravention continues . (2 ) A healt h officer may in such a case enter the premises to which any such order relates, and remove the nuis ance and do whatever may be necessary in the execution of such order, and recover in any competent court the expenses incurred from the person on whom th e ord er is made. 60. When ever it appe ars to the satisfaction of the court Court may order th at th e person by whose act or default the nuisance arises, or examination that th e owner or occupie r of the premises is not known or cannot be found, th e court may order the health officer forthwith to execute the work s th ereby directed and the cost of executing the same shall be a charge on the property on which the said nuisance exists. 61.A health officer may enter any bui lding or premises for th e purpose of ascertaining as to the existance of any nuisance th erein at all reasonable times and the health officer or any au- thorized officers may if necessary dig up the ground on such premises and cause the drains to be tested or such other work to be done as may be necessary for the effectual examination of the said premises: Provided that if no nu isance is found to exist the Ministry of Health shall restore th e premises at its own expense . 62. (1) Where under section 56 a nuisance is proved to Demolition exist with respect to a dwelling and the court is satisfi ed that of dwe llings such dwelling is so dilapidated or so defectively constructed or so situated th at r epairs to or alterations of the same are not likely to remove th e nuisance and make such dwelling fit for human habitation, the court may order the owner thereof to commence to demolish th e dwelli ng and other structures on the premises on or before a specified day, being at least one month from the date of issuing th e order and to complete the demolition and to remove or before a specified day, being at least one month from the date the materi als which comprised the same from the site before another specified day. (2) The court sha ll give notice to the occupier of a dwellin g in respect of which such an order has been issued re- quiring him to move therefrom within a time to be specified in such notice, and if any I:erson fails to comply with such notice or ent er th e dwellin g or premises after the date fixed except for the purpose of dem oliti on he shall be guilty of an offence. (3) If any person fails to comply with such an order for demolition he shall be gulity of an offence and be liab le to pay the daily fine provided in section 59 and the health officer may cause th e dwelling and any other struc tures on the premises to be demolish ed and may recover fro m th e owner the expense in- curred in doing so after deducting the net proceeds of the sale of th e materials, which the health officer may sell by auction. (4) No compensation shall be paid by the Ministry of Health to the owner or occupier of any dwelling or other structure in respect of the demolition thereof as aforesaid, and from the date of the demolition order no rent shall be due or payable by or on behalf of th e occupier in respect of such dwelling or struc ture. Prohibitions 63. (1 ) Within any area to which th e Minister may, by notice in the Gazette apply the provis ions of th is section, it sha ll not be lawful for any person after the commencement of this Order - (a) to erect any dwelling constructed on the back-to-hack system; or (b) to erect any room intended to be used as a sleeping or living or work room which is not sufficiently lighted by a window or windows of a total area of not less than one- tenth of the floor area, and sufficiently ventilated by two or more ventilation openings or by windows capable of being wholly or partly open, such windows or openings being so placed as to secu re thro ugh or cross ven tilation ; or (c) to erect any dwelling on mad e ground containing st reet sweepings, re fuse , rubbish or oth er matter liable to decomposition until th e approval of the health officer has been obtained and until also such measures for safeguarding health have been taken as the health officer may require. (2) Any person who contravenes any provision of this section sha ll be liable on conviction to a fine not exceeding fifty ra nds or to imp risonment not exceeding th ree months and t o a furt her fine not exceeding five rands for every day during which such contravention contmues after the date fixed in any written notice in respect thereof from the health officer. Regu lations 64. The Minister may make re gulations and may confer powers and impose duties in connexion with the carrying out and GN 119/1970 enforcement th ereof on health officers, [District Administrators,] owners and oth er s as to - (a) the inspection of land, dwellings, buildings, factories and trade premises, and for securing the keeping of the same clean and free from nuisance and so as not to endange r the health of the inmates or th e public hea lth ; (b) th e periodical cleansing and white-washing or other treatment of dwellings and the cleansing of land attached the reto and the removal of rubbish or refuse therefrom; (c) the drainage of land , streets or premises, the disposal of offensive liquids and the removal and disposal of rubbish, refuse, manure and waste matters; (d) th e standards of purity of any liquid which, afte r t re at- ment in any pu rificati on works may be discharged the re - from as effluent; (e) th e establish men t and carrying on of factories or trade premises which are likely to cause offensive smells or effluents or to discharge liquid or other material liab le to cause such smells or effluents, or to pollute streams , or are otherwise liable to be a nui sance or injurious or dangerous to health, and for pro hibiting the establish- ment or carrying on of such factori es or trade premises in un suitable localities or so as to be a nuisance or in- ju ri ous or dangerous to health ; (f) the inspection of the district of any hea lth officer by th at health officer with a view to asce rtaining whether the lands and buil dings th ereon are in a st ate to be injurious or dange rous to health and th e prepar ation, keeping and publication of such records as may be re- quired ; (g ) sanitary and hygienic conditions on premises or sites used for the purpose of public conveniences , or for amu sement, or for recreational activiti es, or te mpora rily for groups of persons, such as day schools, creches. cinemas, churches, stadiums, open-air stalls, camps and mining encampm ent s. PART VIII PROTECTION OF FOODSTUFFS 65. (l ) All war ehouses or buildings of whatever nature Buil dings used for th e storage of foodstu ffs shall be constructed of such used for manner as shall render such warehouse or build ing rat-proof. storage of foo dstuffs (2) Where any warehouse or building intended for th e storage of foodstuffs aforesaid has fallen into a state of disrepia r, or does not afford suffi cient protection aga inst rat invasion by reason of the materials used in th e construction of the same being def ective, the health officer may by wri tten notice req uire the owner to effect such repairs and alt erations as the notice shall prescribe within a tim e to be speci fied in th e said notice, and if such requirement is not complied with the health officer may enter upon th e premises and effect such repairs and alterations, and may r ecover all costs and expenses incurred from the owner. (3) Where any foodstuffs within a war ehouse or building are insufficiently protected the owner th ereof shall observe all written instructions and directions of the health officer within a tim e to be specified in the notice for the better protection of the same : Provided th at m the case of any prosecution under this section th e court may in its discretion acquit the accused if it is satisfied th at all reasonable steps have been taken to exclude rats havi ng regard to all th e circumstances of th e case. Build ings 66. (1) No person shall reside or sleep in any kitchen or in which room in which foodstuff, ar e prepared or stored for sale. foodstuffs are stored (2) If it appears that any such kitchen or room is being so or prepared used contrary to th e provisions of this section, or that any part for sale of th e premises adjoining th e ro om in which foodstuffs are stored or exposed for sale is being used as a sleeping apa rtment unde r such circumstan ces th at th e foodstuffs are likely to be contamin- ated or made unwh olesome, th e health officer may serve upon the offender or upon the owner of the house, or upon both, a notice calli ng for such measures to be taken as shall prevent the im- prop er use of such kitchen and premises wit hin a ti me to be specified in the notice, and if such notic e be not complied with the party upon whom it wa s served shall be guilty of an offence. PART IX-WATER AND FOOD SUPPLIES Duty of 67. It shall be th e duty of every health officer to take all hea lth lawful, nece ssary and rea sonably practicable measures to ensure officers the purity of any supply of water which the public has a rig ht to use and does use for drinking or domestic purposes, and to take all necessary measures again st any person so polluting any such supply or polluting any streams so as to be a nuisance or dange r to health. Sale of 68. (1) No pers on shall sell or expose for sale or bring tainted foodinto Lesotho or into any market or ha ve in his possession without reasonable excuse any food for human consumption in a tainted, adulterate d, diseased or unwholesome state, or which is unfit for human consumption, 01 any food for any ani mal which is in an unwhol esome state or unfit for its use and any health officer, vet erinary officer, or polic e officer of or above the rank of ser- GN 119/1970 geant may seize any such food, and any [District Administrator,] magistrate or a health offi cer or approved veterinary officer may ord er it to be destroyed, or to be so disposed of as to prevent it fr om being used as food for humans or animals as th e case may be. (2 ) No person shall collect, prepare, manufacture, keep. t ransmit or expose for sale any foodstuffs without taking adequate measures to guard against or pre vent any infection or contamina- tion thereof. Seizure 69. Any health officer or othe r person duly authorized by him in writing, may at any tim e between the hours of 6 a.m. and 6 p.m., enter any shop cr premises used for the sale or prepara- tion for sal e, or for th e storage of food, to inspect and examine any food found therein which he has reason to believe is intend ed for hum an consumption, and should such food appear to such officer to be unfit for such use, he may seize the same , and any magistrate or [Dist rict Admini strator] may orde r it to be disposed of as in the foregoing section. The onus of proof that such food was not exposed for sale or inten ded for human consumption shall be on the person charged. 70. Any person in whose possession there shall be found Penalty any food liable to seizure under sections 68 and 69 shall in ad- dition be liable to a penalty not exceed ing two hundred rands or to imprisonment for a period not exceeding six months or to both such fine and imprisonment. 71. The Minister may make regulations in regard to all or Regulations any of the following matters - (a) the inspection of dairies, markets, stock-sh eds or yards, milk-shops, milk-vessels and slaughter-houses, and of factories, stores, shops and other places where any article of food is manufactured, prepared, kept or sold; (b) the taking and examin ation of samples of milk, dairy produce, meat or other articles of food and the removal or detention, pending examination or enquiry of animals or articles which are suspected of bein g diseas ed, un- sound, unwholesome or unfit for human consumption, and the seizure and destruction or treatment or disposal so as not to endan ger health, of any such article which is found to be unwholesome, unsound, diseased or in- fected or contaminated, and of diseased anim als sold or intended or offered or exposed for sale for human con- sumption; and regulations may empower a health officer, or (in th e case of meat) a Veteri nary Officer, to detain, seize or destroy any diseased, uns ound or un- wholesome article of food, but shall not confer on any other person any power beyond that of detention of such article for the purpose of examination; (c) fixing standards of milk contents and cleanliness of milk and prescribing the warning to be given to any cow- keeper, dairyman or purveyor of milk that any milk sold or kept or trar.srnitted or exposed for sale by him has been found to be below any such standard, and the issue of orders prohibiting the sale or keeping or exposure for sale of milk from any particular animal or animals or requiring tl.e closing of any dairy, stock-shed or yard or milk shop , the milk from which is found after analysis and official warning to be below any such standard; (d ) the conveyance and distribution of milk and the labelling or marking of receptacles used for th e conveyance of milk; (e) th e veterinary inspection of dairy stock, the sampling and bacteriological examination of milk and dairy pro- duce and the prevention of the sal e, or the keeping, transmission or exposure for sale of milk from a diseased or infected animal; (f) the duties of cow-keepers, dairymen and purveyor s of milk in connexion with the occurrence of communicable disease amongst persons residing or employed in or about their premises and the furnishing by them of the names and addresses of their customers, and of cow- keepers, in connexion with reporting the occurrance, in animals on the premises or any dairy cattle of diseases which are communicable to man and of any diseases of the udder; (g) the inspection and examination of, and the regulation, inspection and supervision of the manufacture, prepara- tion, storage, keeping and transmission of any article of food intended for sale or for export from Lesotho and the prohibition of the manufacture, preparation, storage, keeping, transmission, sale or export from Lesotho of any such article which is, or contains an ingredient which is diseased or unsound or unfit for human consumption, or which has been exposed to any infection or contamin- ation; (h) the medical supervision and hygiene of food-handlers , including the provision of requisite hand-washing and sanitary facilities for such food-handlers; (I) prohibiting the importation into Lesotho of any article of food which is not clean, wholesome, sound and free from any disease or infection or contamination, and the seizure and disposal by destruction or otherwise of any such article so imported; (j) the preparation, manufacture or importation and the storage and sale of or trade in articles of food which are packed in airtight receptacles or are otherwise pre- served, and the marking of any such article or receptacle with the date or manufacture or preparation; (k) prohibiting the importation, sale , possession or use of vessels which are intended to contain milk or any liquid or semi-solid article of food and which are rusty or defectively soldered or are made of material containing in any part likely to come in contact with the contents, lead or other poisonous or injurious substance in such proportion as to be likely to cause injury or danger to health, and fixing the maximum proportions of such substances which may be used in such vessels; (I) requiring the marking or stamping in any manner pre- scribed by such rules of any article of food for the purposes of showing clearly the nature, quality, weight, contents, place of manufacture or origin of any such article, and any other particulars whether of the same kind or not prescribed in such rules in regard to any such article; (rn ) requiring the medical examination of any person in any premises in which any milk or dairy produce or other article of food intended for sale is collected, kept sold, or exposed for sale, or of any person who has been engaged in the collection, preparation, keeping, convey- ance or distribution of any such milk or produce or article; (n) prohibiting the employment by any cow-keeper, dairy- man or purveyor of milk or other person in connexion with the collection, preparation, storage, distribution or sale of milk, or dairy produce or any article of food of any person who has been proved to be a carrier of the infection of typhoid or enteric fever or other com- municable disease, while so infected; (0) requiring the dosing of any stock-shed or yard, dairy or milk-shop, or the exclusion from any stock-shed or dairy premises of any animal the milk from which is believed to have conveyed or to be liable to convey any com- municable disease; (p) prohibiting the sale or exposure for sale of milk by any cow-keeper, dairyman or purveyor of milk who has been three times convicted of offences under any laws or rules regarding the milk trade. PART X-CEMETERIES 72. (1) It shall be lawful for the Minister to select and Sites declare within Lesotho and to notify in the Gazette proper places to be the sites of and to be used as cemeteries; and save as in subsection (2) of this section provided it shall be obligatory where such cemeteries exist to bury the dead in such cemeteries. (2) It shall not be lawful for any person to remove any corpse from Lesotho or to cremate any corpse within Lesotho without express permission in writing and subject to such con- ditions as the Minister may by regulation prescribe. 73. All cemeteries existing at the time this Order comes ~.;::.~~~:~ into operation and such other cemeteries as may be authorized by the Minister, notice whereof shall be published in the Gazette, shall be deemed authorized cemeteries. 74. (1) Subject to the provisions of section 75 it shall not Permit to be lawful to exhume any body or the remains of any body which exhume may have been interred in any authorized cemetery or in any other cemetery, burial ground or other place without a permit granted in manner hereinafter provided. (2) Such permit shall be granted only to the legal personal representative or next of kin of the person buried, or to his or their duly authorised agent. (3) Such permit may be granted by the Permanent Secre- tary for Health in respect of any body or the remains of any body interred in any cemetery or burial ground or any other place and the Permanent Secretary for Health may prescribe such precau- tions and conditions as he may deem fit, and any person who ex- humes any body or the remains of any body contrary to this Order, or who neglect to observe the precautions and conditions prescribed in the permit shall be gulity of an offence: Provided always that nothing herein contained shall be deemed to affect tne right of a magistrate to order the ex- humation of a body or the remains of any body for the purpose of holding an enquiry into the cause of death of any person. Essential 75. (1) It shall be lawful for th e Minister whenever he exhumation deems it expendi ent for the execution of any public work or any public, mining or indu strial purpose, to r emove any body or the re mains of any body fr om any grave whethe r in an authorized cemete ry or elsewhere, and by order under his hand to direct such removal to be made In such manner as he shall direct. (2) No such order shall be made in re spect of any grave situated in an authorized cemetery until six month's notice of the int ention t o make it shall have been given by notification in the Gazette . Reintermen t 76. The Ministry of Health shall make proper and fitting ar rangements for the reinte rment in an authorized cemetery of any body or remains of any body removed under this section, and for the removal and re-erection of any monument, all charges in connexion therewith being defr ayed out of the consolidated fund. Record of 77. The Permanent Secr etary for Health shall keep a record exhumations of every permit granted and of every order made under the pro- visions of the last two secti ons. Such rec ord shall contain par- ticul ar s, so far as th e same can be ascertained, of the race, nationality, name, sex and age of th e persons buried, date of burial and of th e place of orig inal burial and of reburial or re- moval. Such r ecord shall be open during office hours to inspection by any person . Closing of 78. It shall be la wful for the Minist er to notify in the cemeteries Gazette that any cemetery or burial gro und shall, from a tim e in such notification to be specified be closed, and the same shall be closed accordingly, and any person who aft er the said specified time buries any body or th e remains of any body in the said cemetery or burial ground, shall be guilty of an offence. PART XI-GENERAL Basements 79. (1) It shall not be lawful to live in, occupy or use or to let or sublet, or to suffer or permit to be used any basement for human habitation. (2) It shall not be lawful, without the written permission of a health officer, to use such bas ement as a shop, workshop, or factory, or for th e preparation or storage of food, and no base- ment shall be used unless it is well lit and well ventilated and is free from damp and is rendered rodent proof to the satisfaction of a health officer. Lodging- 80. The Minister may mak e regulations for the conduct and houses inspection of lodging-houses , boarding-houses or any dwelling or part th ereof which is let or sub-let as lodgings. Nursing 81. (1) No per son shall open or keep open a nursing home , homes maternity home, conva lescent home, private hospital, clinic, or any institution where invalids or convalescents are treated or received upon payment cf fees or charges unless such premises are registered and the keeper or manager thereof is licensed annually by the Permanent Secretary for Health. (2) The Permanent Secretary for Health may authorise a healt h officer to visit any such premises as in this section men- tioned to report to him upon any matter or this connected with the premises or the use thereof. (3) Any person who knowingly obstructs an authorized health officer in any such inspection shall be guilty of an offence. 82. The Permanent Secretary for Health may by public Public notice prohibit the washing of clothes by washermen in the ex- washermen ercise of their calling except at public wash-houses or at such other places as he may appoint for the purpose. 83. The Minister may make regulations for ensuring that Regulations the health of the inhabitants of any area may be safeguarded in respect of - (a) the prevention of pools of standing water; (b) the drainage and control of such pools when th ey exist; (c) the inspection, repair and cleansing of open channels, canals and drains. 84. (l) The Permanent Secretary for Health may provide Supervision for the inspection, sampling and examination by officers of the ~~cvaccines, Ministry, of vaccines, vaccine lymph, sera, toxins, anti-toxins, . antigens, insulin, salvarsen, and any other therapeutic substance as defined by regulation, imported into or manufactured in Lesotho and intended or used for the prevention or treatment of human or animal diseases, and shall regulate their sale or supply, and may prohibit their sale or supply, and may prohibit the im- portation, manufacture, sale or use of any such substance which is considered to be unsafe or to be liab le to be harmful or danger- ous to health . (2) The Minister may make such regulations as he may consider necessary for carrying out the provisions of this section. PART XII-MISCELLANEOUS PROVISIONS 85. Notices, orders and other documents required or au- Serylee of thorized to be served under this Order may be served by deliver- notices ing the same to or at the residence of the person to whom they are respectively addressed, or where addressed to the owner or occupier of premises by delivering the same, or a true copy thereof, to some responsible person on the premises, or can be served by fixing the same on some conspicuous part of the pre- mises, or may be served by the headman of the area and they may also be served by post by a prepaid letter and if served by post shall prima facie be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of post, and in proving such service it shall be sufficient to prove that the notice. order or other document was properly addressed and put in the post . 86. No defect in 1.I:Ie form of any notice or order made under Defect in th is Order shall invalidate or render unlawful the administrative form action, or be gro und for exception to any legal proceedings which may be taken in the matter to which such notice or order relates, provided the requirements thereof are substantially and in- telligibly set forth. Powers of 87. (1) Any health officer, veterinary officer or any police entry and officer of or above the rank of sergeant or any other person inspection generally or specially authorized in writing by the Permanent Secretary for Health, may, at any hour reasonable for the proper performance of the duty, enter any land or premises to make any inspection or to perform any work or to do anything which is required or authorized by this Order or any other law to be done, if such inspction, work or thing is necessary for or incidental to the performance of his duties or the excercise of his powers . (2) Any person who fails to give or refuses access to any health officer, veterinary officer, sergeant or person authorized under subsection (1) of this section if he requests entrance on any land or premises, or obstructs or hinders him in the execution of his duties under this Order, or who fails or refuses to give in- formation that he may lawfully be required to give to such health officer, veterinary officer, sergeant or person, or who gives to such health officer, veterinary officer, sergeant or person false or misleading information knowing it to be false or misleading, or who prevents the owner or any of his servants or workmen from entering any land or dwelling or premises for the purpose of complying with any requirement under this Order shall be guilty of an offence. Penalties 88. Any person guilty of an offence against or contravention not of, or default in complying with, any provision of this Order shall, expressly if no penalty is expressly provided for such offence, contravention provided for or default, be liable or. conviction to a fine not exceeding two hundred rands or to imprisonment not exceeding six months and if the offence, contravention or default is of a continuing nature, to a further fine not exceeding five rands for each day during which he shall make default provided that where the offence is in respect of any building or premises for which a licence is required under any law for the time being in force th e court before which any such conviction is obtained may in addition to or in sub- stitution for any of the aforesaid penalties revoke or suspend such licence. Power to 89. The Minister shall have power to make regulations make generally for the carrying out of the purposes of this Order, regulations provided that prior to publishing regulations or notices under any of the Parts of this Order relating to animals or poultry or animal or poultry diseases the Minister shall be required to consult with the Minister responsible for Agriculture. Repeal 90. The Public Health Proclamation No. 18 of 1921 is here- by repealed.

SCHEDULE 1 (See Section 28) I, the undersigned, hereby certify that in my opinion _ .................................................................. is not now in a fit and proper state to be vaccinated, and 1 do hereby recommend that the vaccination be postponed for the period of six months from this date. Dated this day of 19 ..............................••. ........... . . (Signature of Medical Practitioner or Public Vaccinator).

SCHEDULE II (See Section 29) I, the undersigned, hereby certify that 1 have three times unsuccessfully vaccinated (or that .. ...................................... . has already had smallpox as the case may be) and 1 am of opinion that the said .. . is unsusceptible of successful vaccination. Dated this . day of ........19... (Signature of Medical Practitioner or Public Vaccinator). INTERNATIONAL CERTIFICATE OF VACCINATION OR REVACCINATION AGAINST SMALLPOX.

SCHEDULE ill This is to certify that ........................•_ date of birth ......................................•.......•....•...•.....•........... sex •...............•....._ . whose signature follows ..........................................•_•................................................................................................................._ .................................•. .•.•....•. .. •.... has on the date indicated been vaccinated against smallpox. Signature and Show by 'x' whether Professional status Approved stamp Date of vaccinator la Primary vaccination performed ............... la Ib lb Read as successful ................................................- Unsuccessful ............................................................... 2 Revaccination ............................................................... 2 3 3 Revaccination ,.............................................................. 4 Revaccination ........,...................................................... 4 5 5 Revaccination ............................................................... 6 Revaccination .................................................._...._. 6 7 7 Revaccination ..............................................•......•...... ~ Tbe validity of this certificate shali extend for a period of three years beginning eight days after the date of a successful primary vaccination or in the event of a revaccination, on the date of that revaccination. The approved stamp mentioned above must be in a form prescribed by the Health Administration of the territory in which the vaccination is performed.