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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

88A. Appeals against decisions of Office or Ombud


(1) Any person aggrieved by any decision of the Office or any finding and recommendation of the Ombud in relation to a matter regulated by this Act, or a person acting on his or her behalf, may within 30 days of him or her gaining knowledge of that decision, lodge a written appeal with the Minister.


(2) The Minister must, upon receipt of the appellant’s written appeal contemplated in subsection (1)—
(a) appoint an independent ad hoc tribunal in terms of subsection (3);
(b) submit the appeal to the tribunal for adjudication in the prescribed manner.


(3) A tribunal contemplated in subsection (2) must consist of not more than three persons, of whom—
(a) one must be a person who is a retired judge of a High Court or a retired magistrate, who must be the chairperson; and
(b) two must be persons appointed on account of their knowledge of the health care industry.


(4) A tribunal contemplated in subsection (2)—
(a) may confirm, set aside or vary the decision of the Office or Ombud; and
(b) must notify the parties of its decision.


[Section 88A amended by section 5 of Act No. 12 of 2013]