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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

28. Fine


(1) Before imposing a fine in terms of section 82A(4)(e) of the Act, and after complying with regulation 26(1), the Office must afford the person in charge of the health establishment an opportunity to submit a request for leniency.


(2) A fine contemplated in section 82A(4)(e) of the Act may not exceed the thresholds determined by the Minister.


(3) In determining the quantum of the fine, the Office must take into account‒
(a) the nature and extent of non-compliance;
(b) the actions taken by the health establishment to remedy non-compliance;
(c) any requests for leniency presented by the health establishment; and
(d) the potential impact of the fine on the finances of the health establishment.


(4) If the fine is imposed in terms of section 82A(4)(e) of the Act the health establishment must, within 20 working days of the decision, pay such a fine into a designated banking account contemplated in sub-regulation (5).


(5) The Office must establish and maintain a separate banking account for the payment of fines in accordance with the provisions of the Public Finance Management Act, 1999 (Act No. 1 of 1999).