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 Investigation41. Decision to take no further action on complaint |
| (1) | At any time, the Ombud may decide to take no further action on a complaint if the Ombud reasonably considers that— |
| (a) | the complaint— |
| (i) | is frivolous, vexatious, trivial or not made in good faith; |
| (ii) | is misconceived or lacking in substance; |
| (iii) | is being adequately dealt with by another appropriate entity; |
| (iv) | has been resolved or otherwise appropriately finalised by the Ombud or another appropriate entity; and |
| (v) | despite reasonable efforts by the Ombud or another appropriate entity, cannot be resolved; or |
| (b) | the complainant— |
| (i) | has failed, without reasonable excuse, to— |
| (aa) | satisfactorily cooperate with the Ombud to resolve the complaint; and |
| (bb) | comply with a request from the Ombud for additional information, evidence or submissions the Ombud needs to deal properly with the complaint. |
| (2) | The Ombud may decide to take no further action on a matter if— |
| (a) | the complaint is withdrawn; |
| (b) | the matter from which the complaint arose, and the complainant was aware of the matter, at least 2 years before the complaint was laid; or |
| (c) | a complainant, or other relevant person dies and the Ombud reasonably considers that no further action is necessary. |