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 7 : Complaints Handling and Investigation32. Who may lay complaint |
| (1) | Any person may lay a complaint with the Ombud, in terms of section 81A(1) of the Act, for breach by a health establishment of any norms or standards. |
| (2) | Any person, guardian or representative of a person to whom a health care service was provided, may lay a complaint to the Ombud. |
| (3) | A complaint may be dealt with by the Ombud despite the death of the person contemplated in sub-regulation (2), if— |
| (a) | a person dies and, if the person were alive, he or she could lay a complaint about a particular matter; or |
| (b) | a person makes a complaint but dies before the complaint is finally dealt with. |
| (4) | If sub-regulation (3)(a) applies, a complaint may be laid on behalf of the person. |
| (5) | If sub-regulation (3)(b) applies, the Ombud may, at another person's request, permit the other person to be substituted as the complainant. |
| (6) | If a complaint is laid in terms of sub-regulation (2) by a representative on behalf of a person to whom a health care service was provided, other than under the circumstances contemplated in sub-regulation (3), the Ombud may request the person to whom a health care service was provided to confirm the complaint. |