The below diagram outlines the enforcement actions enjoined on the OHSC by the National Health Act, 2003 (Act No. 61 of 2003)—
Diagram 1 - Enforcement actions
| 13.1.1 | If a health establishment fails to comply with a Compliance Notice issued by an inspector, the Office shall issue a written warning to the person in charge of the health establishment. |
| 13.1.2 | The written warning shall include a time frame within which compliance must be achieved. |
| 13.1.2 | Failure by the person in charge to respond to a written warning within the reasonable time would lead to the matter being referred for other enforcement processes. |
| 13.2 | Request for a written response from a health establishment |
| 13.2.1 | Where appropriate, the Office shall request for a written response from the health establishment, providing reasons for the continued non-compliance. |
| 13.2.2 | The request for a written response from the Office will also set out the consequences of failure to respond. |
| 13.3 | Recommendation to the relevant authority for suitable action |
| 13.3.1 | The Office shall recommend, to the relevant authority, any appropriate or suitable action to be taken against the person in charge of a health establishment or the health establishment. |
| 13.3.2 | The Office shall monitor all recommendations sent to the relevant authority and report to the Minister on the implementation thereof. |
| 13.4 | Revocation of a Compliance Certificate and Recommendation for Temporary or Permanent Closure of a Health Establishment or part thereof |
| 13.4.1 | Where a health establishment fails to comply with a Compliance Notice issued by an Inspector, the Office may revoke the certificate of compliance issued to a health establishment and recommend to the Minister to temporarily or permanently close a health establishment or a part thereof that constitutes a serious risk to the users. |
| 13.4.2 | Health establishments shall be afforded an opportunity to be heard prior to revocation of a compliance certificate or recommendation to the Minister for temporary of permanent closure of a health establishment of part thereof, that poses a risk to the users. |
| 13.4.3 | The recommendation to the Minister shall include all the information contained in regulation 27(2) of the Regulations, to enable the Minister to make a decision. |
| 13.5.1 | Prior to imposing a fine, the Office shall afford the health establishment an opportunity to submit a request for leniency. |
| 13.5.2 | The fine, if imposed, will be subject to the thresholds determined by the Minister by notice in the Government Gazette. |
| 13.5.3 | The health establishment shall pay the imposed fine into a designated account within twenty (20) working days of the decision. |
| 13.5.4 | Banking details for payment of fines shall be provided by the Office. |
| 13.6.1 | Where an alleged breach of prescribed norms and standards is considered to amount to a criminal offence, the Office shall refer the matter to the National Prosecuting Authority for consideration and possible criminal prosecution. |
| 13.6.2 | The Office shall also refer for prosecution any offences in terms of the Act. |
| 13.6.3 | The decision to prosecute lies solely with the National Prosecuting Authority after considering all the relevant factors relating to the alleged offence or offences. |
