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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

29. Referral to National Prosecuting Authority


(1) Despite regulation 23, the Office may, at any time, refer the matter to the National Prosecuting Authority for criminal prosecution, in terms of section 82A(4)(f) of the Act, if any failure to comply with a compliance notice issued in terms of the Act is considered to amount to a criminal offence in terms of section 89(1) of the Act.


(2) For the purposes of sub-regulation (1), the Office must prepare and hand over any and all evidence that may be relevant to the prosecution of the health establishment to the National Prosecuting Authority.