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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 7 : Complaints Handling and Investigation

32. Who may lay complaint


(1) Any person may lay a complaint with the Ombud, in terms of section 81A(1) of the Act, for breach by a health establishment of any norms or standards.


(2) Any person, guardian or representative of a person to whom a health care service was provided, may lay a complaint to the Ombud.


(3) A complaint may be dealt with by the Ombud despite the death of the person contemplated in sub-regulation (2), if—
(a) a person dies and, if the person were alive, he or she could lay a complaint about a particular matter; or
(b) a person makes a complaint but dies before the complaint is finally dealt with.


(4) If sub-regulation (3)(a) applies, a complaint may be laid on behalf of the person.


(5) If sub-regulation (3)(b) applies, the Ombud may, at another person's request, permit the other person to be substituted as the complainant.


(6) If a complaint is laid in terms of sub-regulation (2) by a representative on behalf of a person to whom a health care service was provided, other than under the circumstances contemplated in sub-regulation (3), the Ombud may request the person to whom a health care service was provided to confirm the complaint.