National Health Act, 2003 (Act No. 61 of 2003)RegulationsProcedural Regulations Pertaining to the Functioning of the Office of Health Standards Compliance and Handling of Complaints by the OmbudChapter 4 : Inspection of Health Establishment17. Entry, inspection and search warrant |
| (1) | An inspector may, in terms of section 82(1) of the Act, enter any health establishment, at any reasonable time, for purposes of carrying out an inspection contemplated in section 82(1) of the Act. |
| (2) | Where entry into the health establishment as contemplated in sub-regulation (1) is refused, the Office must apply for a warrant in terms of section 84(1) of the Act. |
| (3) | The application for a warrant must include, at least, the following information: |
| (a) | (the name and address of the health establishment to be inspected, and where possible, the area or areas of the health establishment to which the warrant relates; |
| (b) | the legislative provisions governing the inspection; |
| (c) | the reasons and motivation for the inspection; and |
| (d) | (the most recent inspection results, if the establishment had been inspected previously. |
| (4) | Subject to section 84(3) of the Act, an inspector may question any user, occupant, health care personnel or any person on the premises of a health establishment, provided he or she has— |
| (a) | explained to the said user, occupant or any person on the premises his or her legal rights, including their right to remain silent or not to incriminate themselves; and |
| (b) | obtained— |
| (i) | written approval from the user, occupant or any person on the premises for the questioning or recording of the interview; or |
| (ii) | verbal approval from the user, occupant or any or person on the premises for the questioning or recording of the interview, in the presence of a witness. |
| (5) | Despite sub-regulation (2), an inspector may enter, inspect and search the health establishment’s premises without the authority of a warrant in terms of section 86(b) of the Act, if there are reasonable grounds to believe that, if applied for, a warrant for entry and search would be issued and that the delay in obtaining the warrant would defeat the object of the warrant. |