Basic Conditions of Employment Act, 1997
R 385
Prevention of and Treatment for Substance Abuse Act, 2008 (Act No. 70 of 2008)RegulationsRegulations for Prevention of and Treatment for Substance Abuse, 2013Chapter 2 : Service Providers5. Remedies for non-compliance with conditions for receiving financial assistance |
[Section 7(2)(b)]
| (1) | The Minister may give the service provider a notice to remedy non-compliance by the service provider with the conditions contemplated in regulation 4 if: |
| (a) | the service provider has made submissions addressing the non-compliance in response to a notice contemplated in subregulation (1); or |
| (b) | the Minister thinks the submissions: |
| (i) | propose appropriate action to remedy the non-compliance; |
| (ii) | set out adequate reasons in the opinion of the Minister for the non-compliance; or |
| (iii) | are otherwise satisfactory. |
| (2) | The notice must be in writing and must inform the service provider that— |
| (a) | within a period of 90 days of receiving the notice, the service provider must give a written undertaking to the Minister to remedy the non-compliance; and |
| (b) | the Minister may impose sanctions on the service provider if the service provider does not comply with the conditions for receiving financial assistance. |
| (3) | The undertaking must: |
| (a) | contain a description and acknowledgement of the service provider's non-compliance with conditions for receiving financial assistance; |
| (b) | set out what action the service provider proposes to take to remedy the non-compliance; |
| (c) | set out the period within which the proposed action is required to be taken; |
| (d) | contain an acknowledgement that a failure by the service provider to comply with the undertaking may lead the Minister to seek any remedy under subregulation (4) and any other remedy available in terms of the law; and |
| (e) | be such that the service provider must meet any requirements specified in the notice. |
| (4) | In the case of a failure by a service provider to comply after the notice and an undertaking contemplated in subregulations 5(1) and 5(2)(a), respectively, the Minister may— |
| (a) | withdraw the funding of the service provider; and |
| (b) | recover the funding already granted to the service provider. |
