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

Chapter 2 : Rights and Duties of Users and Health Care Personnel

18. Laying of complaints

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(1)Any person may lay a complaint about the manner in which he or she was treated at a health establishment and have the complaint investigated.

 

(2)The relevant member of the Executive Council and every municipal council must establish a procedure for the laying of complaints within those areas of the national health system for which they are responsible.

 

(3)The procedures for laying complaints must—
(a)be displayed by all health establishments in a manner that is visible for any person entering the establishment and the procedure must be communicated to users on a regular basis;
(b)in the case of a private health establishment, allow for the laying of complaints with the head of the relevant establishment;
(c)include provisions for the acceptance and acknowledgment of every complaint directed to a health establishment, whether or not it falls within the jurisdiction or authority of that establishment; and
(d)allow for the referral of any complaint that is not within the jurisdiction or authority of the health establishment to the appropriate body or authority.

 

(4)In laying a complaint, the person contemplated in subsection (1) must follow the procedure established by the relevant member of the Executive Council or the relevant municipal council, as the case may be.