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National Health Act, 2003 (Act No. 61 of 2003)

Chapter 10 : Office of Health Standards Compliance, Board, Inspections and Environmental Health Investigations, Health Officers and Inspectors, Complaints and Appeal Procedures

89. Offences and penalties

 

(1) A person is guilty of an offence if he or she-
(a) obstructs or hinders a health officer or an inspector who is performing a function or any other person rendering assistance or support to a health officer or an inspector under this Act;
(b) refuses to provide a health officer or an inspector with such information as that person is required to provide under this Act;
(c) knowingly gives false or misleading information to a health officer or an inspector;
(d) unlawfully prevents the owner of any premises or health establishment, or a person working for the owner, from entering the premises or health establishment in order to comply with a requirement of this Act;
(e) impersonates a health officer or an inspector;
(f) fails to comply with a compliance notice issued to him or her by a health officer or an inspector in terms of this Act;
(g) discloses any information acquired in the performance of any function in terms of this Act which relates to the financial or business affairs of any person, to any other person, except if—
(i) the other person requires that information in order to perform any function in terms of this Act;
(ii) the disclosure is ordered by a court of law; or
(iii) the disclosure is in compliance with the provisions of any law; or
(h) interferes with, hinders or obstructs the Ombud or any other person rendering assistance or support to the Ombud when he or she is performing or exercising a function or power under this Act.

 

(2) Any person convicted of an offence in terms of subsection (1) is liable on conviction to a fine or to imprisonment for a period not exceeding 10 years or to both a fine and such imprisonment.

 

[Section 89 amended by section 5 of Act No. 12 of 2013]