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National Health Act, 2003 (Act No. 61 of 2003)


Emergency Care at Mass Gathering Events Regulations, 2017

13. Appeal


The appeal process is as follows—


(1) an event organiser who has applied for approval for an event and whose application has been refused, or whose application for approval has been suspended or cancelled in terms of regulation 7, may, within 10 workings days of the decision, lodge an appeal, in writing, to the HOD;


(2) the HOD must submit a copy of the appeal to the provincial EMS manager;


(3) the provincial EMS manager must thereafter submit a response to the appeal made by the event organizer to the HOD;


(4) the HOD may appoint up to three independent and suitable persons, who are not employees of the relevant provincial Department of Health or members of the Inspectorate, to advise the HOD on the appeal;


(5) the HOD may uphold or refuse an appeal and may, in the event that the appeal is upheld—
(a) reverse the decision of the provincial EMS manager and approve the application; or
(b) if applicable, reverse the decision to suspend or cancel the application for approval of the event;


(6) an appeal must be finalised within 10 working days of receipt of the notice of appeal;


(7) the HOD must communicate the decision on the appeal to the appellant in writing and, if the appeal is refused, give the reasons for the refusal of the appeal;


(8) if the HOD upholds an appeal, this decision, together with the reasons for the decision, must be communicated, in writing, to the provincial EMS manager.