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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

81. Appointment of Ombud


(1) The Minister must, after consultation with the Board, appoint a suitably qualified and experienced South African citizen as Ombud.


(2) The Minister must, before appointing the Ombud in terms of subsection (1), by notice in the Gazette and in two or more nationally circulating newspapers in the Republic, invite applications from suitable persons.


(3) The Ombud—
(a) holds office for a non-renewable term of seven years;
(b) is located within the Office;
(c) is assisted by persons designated and seconded by the Office with the concurrence of the Ombud; and
(d) reports to and is accountable to the Minister.


(4) The Minister, with the concurrence of the Minister of Finance, must determine the remuneration and other terms and conditions of service of the Ombud.


(5) The Ombud may at any time resign by submitting a written notice to the Minister at least 90 days prior to the intended date of vacation of office, unless the Minister allows for a shorter period.


(6) The Minister may terminate the employment of the Ombud on account of serious misconduct, incapacity or incompetence, after affording him or her reasonable opportunity to be heard and subject to applicable legislation.


(7) The Minister must, during a vacancy or when the Ombud is unable to fulfil any of his or her functions, appoint a person on a temporary basis in accordance with subsection (1) to act in the position until a permanent person is appointed.


[Section 81 amended by section 5 of Act No. 12 of 2013]