National Health Act, 2003 (Act No. 61 of 2003)RegulationsEmergency Medical Services Regulations, 2017Part 3 : Licensing of Emergency Medical Services21. Appeal |
| (1) | A person who— |
| (a) | has applied for a licence for an Emergency Medical Service or for the renewal of such licence, and whose application has been refused; or |
| (b) | whose licence has been suspended or cancelled, |
may lodge an appeal, in writing, to the MEC within ten (10) working days of being notified of the refusal, suspension or cancellation, and give reasons for the appeal.
| (2) | The MEC must, within five (5) working days of receipt of an appeal, submit a copy of the appeal to the Head of Department. |
| (3) | The Head of Department must, within ten (10) working days of receipt of a copy of an appeal, submit a response to the appeal to the MEC. |
| (4) | The MEC may appoint up to three (3) independent and suitable persons, who are not employees of the Department or members of the Committee, to advise the MEC on the appeal. |
| (5) | The MEC may uphold or refuse an appeal and may, in the event that the appeal is upheld, replace the decision of the Head of Department and grant the application. |
| (6) | An appeal must be finalised within twenty (20) working days of the date on which the Head of Department submits a response to the MEC in terms of subregulation (3). |
| (5) | The MEC 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)
| (a) | If the MEC upholds an appeal, the decision, together with the reasons for the decision, must be communicated to the Head of Department in writing. |
| (b) | On receipt of the decision, the Head of Department must make the necessary entry in the Register of Emergency Medical Services. |