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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

30. Appeal against decisions of Office or Ombud


(1) An appeal to the Minister in terms of section 88A(1) of the Act must be lodged by written notice.


(2) The notice referred to in sub-regulation (1) must be in the form of Form 9, and must set out the grounds for the appeal and sufficient information or documentation to support the application for appeal.


(3) The ad hoc tribunal contemplated in section 88A(2) of the Act must determine the rules and procedure for the conduct of its proceedings.


(4) The proceedings of the tribunal must be open to the public, but the chairperson of the tribunal may exclude members of the public, or specific persons or categories of persons, from attending the proceedings—
(a) if evidence to be presented is confidential information, but only to the extent that the information cannot otherwise be protected;
(b) if the proper conduct of the hearing requires it; or
(c) for any other reason that would be justifiable in civil proceedings in a Court.