Circular 2/2014 Non payment of Annual Fees by certain practitioners

04 April 2014

TO:National Department of Health
 Provincial Departments of Health
 Private Hospital groups / clinics
 Nursing Stakeholders



We refer to the above.

It has come to the attention of the South African Nursing Council that there are nursing practitioners who are employed and do not pay their annual renewal fees in terms of the Nursing Act 33 of 2005 in order to be able to practice.

This letter serves as a formal notice to draw the attention of all employers of nursing practitioners to the relevant provisions of the Nursing Act, 2005 Section 31 (Registration as prerequisite to practise) which reads as follows:

“31. (1) Subject to the provisions of section 37, no person may practise as a practitioner unless he or she is registered to practise in at least one of the following categories:

(a) Professional nurse;
(b) midwife;
(c) staff nurse;
(d) auxiliary nurse; or
(e) auxiliary midwife.

(2) The Minister, after consultation with the Council, may by notice in the Gazette create such other categories of persons to be registered to practise nursing as he or she considers necessary in the public interest.

(3) An employer must not employ or retain in employment a person to perform the functions pertaining to the profession of nursing, other than a person who holds the necessary qualification and who is registered under subsection (1) or (2).

(4) No person may use as a title any of the categories contemplated in subsection (1) or (2) unless he or she is registered as such in terms of this section.


Kindly take note of the provisions in Section 31(11) of the Nursing Act that reads as follows:

“A person who contravenes subsection (1), (3) or (4) [as emphasized above] is guilty of an offence and on conviction liable to a fine or to imprisonment for a period not exceeding 12 months or to both a fine and such imprisonment.”


In light of the above we urge all employers to ensure that their nursing practitioners provide them with their Annual Practising Certificates as proof of registration. Should any person be discovered by the South African Nursing Council to be employed without registration, the necessary criminal procedure steps will follow against both such practitioner and his/her employer.


We trust that you find this in order.


Kind regards,



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