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

Regulations

Procedural Regulations Pertaining to the Functioning of the Office of Health Standards Compliance and Handling of Complaints by the Ombud

Chapter 7 : Complaints Handling and Investigation

32. Who may lay complaint

 

(1) Any person may lay a complaint with the Ombud, in terms of section 81A(1) of the Act, for breach by a health establishment of any norms or standards.

 

(2) Any person, guardian or representative of a person to whom a health care service was provided, may lay a complaint to the Ombud.

 

(3) A complaint may be dealt with by the Ombud despite the death of the person contemplated in sub-regulation (2), if—
(a) a person dies and, if the person were alive, he or she could lay a complaint about a particular matter; or
(b) a person makes a complaint but dies before the complaint is finally dealt with.

 

(4) If sub-regulation (3)(a) applies, a complaint may be laid on behalf of the person.

 

(5) If sub-regulation (3)(b) applies, the Ombud may, at another person's request, permit the other person to be substituted as the complainant.

 

(6) If a complaint is laid in terms of sub-regulation (2) by a representative on behalf of a person to whom a health care service was provided, other than under the circumstances contemplated in sub-regulation (3), the Ombud may request the person to whom a health care service was provided to confirm the complaint.