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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

27. Revocation of certification and recommendation to Minister


(1) If a health establishment fails to comply with the compliance notice referred to in regulation 21(1)(b), the Office may, after complying with regulation 26(1), revoke the  certificate of compliance of a health establishment and recommend to the Minister a temporary or permanent closure of the health establishment or a part thereof that constitutes a serious risk to public health or the health of users, in terms of section 82A(4)(d) of the Act.


(2) A recommendation to the Minister in terms of sub-regulation (1) must be in writing and include, at least, the following information:
(a) the details of non-compliance;
(b) the nature and extent of the risk posed to public health or to users;
(c) the period of non-compliance;
(d) the consequences of continued non-compliance;
(e) an indication of the part or parts of the heath establishment to be closed, and
(f) any other relevant information.


(3) Before exercising his or her powers in terms of sub-regulation (1), the Minister must comply with the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000).