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


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

Chapter 6 : Compliance Notice, Enforcement and Appeal

22. Compliance enforcement


(1) The Office must develop an enforcement policy which sets out the Office’s approach to enforcing compliance.


(2) The Chief Executive Officer must publish the enforcement policy referred to in sub-regulation (1) and any subsequent amendments thereof, in the Government Gazette, within 25 working days of their approval by the Board.


(3) Compliance enforcement must, as far as possible, be applied in a progressive manner, after taking into account the following, with regards to each health establishment:
(a) The nature and severity of non-compliance with the norms and standards and the consequences thereof;
(b) the compliance history of the health establishment;
(c) frequency of transgressions in relation to the norms and standards;
(d) any offences by the health establishment in terms of section 89(1) of the Act; and
(e) any mitigating or aggravating factors.