Acts Online
GT Shield

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

82A. Non-compliance with prescribed norms and standards


(1) An inspector may issue a compliance notice to a person in charge of any health establishment if such establishment does not comply with any prescribed norm and standard.


(2) The notice contemplated in subsection (1) must set out—
(a) the health establishment to which the notice applies;
(b) any prescribed norm and standard that have not been complied with;
(c) details of the nature and extent of non-compliance;
(d) any steps that are required to be taken and the period over which such steps must be taken; and
(e) the penalties that may be imposed in the event of continued non-compliance.


(3) A compliance notice issued in terms of this section remains in force until the Office, on the basis of information furnished by the inspector, issues a certificate of compliance or until it is appealed against and set aside by the tribunal appointed in terms of section 88A(2)(a).


(4) If a person in charge of a health establishment to whom a compliance notice has been issued, fails to comply with the notice, the Office may as appropriate and taking into account the nature, extent, gravity and severity of the contravention—
(a) issue a written warning to achieve compliance within a set period of time in a manner prescribed;
(b) require a written response from the health establishment regarding the continued non-compliance;
(c) recommend to the relevant authority any appropriate and suitable action to be undertaken, including the institution of disciplinary proceedings against persons responsible for the non-compliance or continued non-compliance;
(d) revoke the compliance certificate and recommend to the Minister the temporary or permanent closure of the health establishment or part thereof that constitutes a serious risk to public health or to health service users;
(e) impose upon that person or health establishment a fine as determined by the Minister in the Gazette from time to time; or
(f) refer the matter to the National Prosecuting Authority for prosecution.


(5) The Chief Executive Officer must inform the head of a national or provincial department, the municipal manager or the head of a health establishment of any persistent non-compliance.


[Section 82A amended by section 5 of Act No. 12 of 2013]