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Legal and Regulatory Affairs

The Health Professions Council of South Africa is a statutory body, established in terms of the Health Professions Act and is committed to protecting the public and guiding the professions.

Overview
    Overview
     
    The Boards are empowered in terms of section 41 of the Health Professions Act 56 of 1974, as amended(hereafter referred to as “the Act”, to institute an inquiry into any complaint, charge or allegation of unprofessional conduct against any person registered under the Act, and, on finding such person guilty of such conduct, to impose any of the penalties prescribed in section 42(1).
     
    Complaints Handling and Investigation Division is responsible for the following functions:
    • Receipt of complaints lodged against registered practitioners.
    • Perusal, analysis, and categorisation of complaints.
    • Mediation of minor transgressions.
    • Preliminary investigation.
     
     
    Complaints Process
      Complaints Process
       
      LODGING A COMPLAINT
      Complaints about a registered practitioner
      If you are a member of the public or a registered practitioner and wish to lodge a complaint against a registered practitioner, please follow the guidance below.
       
      What we can investigate
      HPCSA can only investigate alleged unprofessional conduct by a person registered under the Health Professions Act 56 of 1974.
       
      What we can’t investigated
      1.           Complaints about hospitals or Clinics
      If your complaint is about a hospital or a clinic, please contact the Office of Health Standards Compliance (OHSC).  Any person may lodge a complaint with the OHSC for breach of norms or standards by both public and private health establishments.
      OHSC Call Centre: 080 911 6472
      Email: complaints@ohsc.org.za
      Fax: 086 560 4157
      2.      Complaints about nurses
      If your complaint is about a nurse, please contact the South African Nursing Council (SANC).
      SANC Telephone: 012 420-1000
      Email: professionalconduct@sanc.co.za
      Fax: 012-343-5400 
      Website: https://www.sanc.co.za/lodging-a-complaint/
      3.     Complaints about pharmacists
      If your complaint is about a pharmacist, please contact the South African Pharmacy Council (SAPC)
      Tel: 012 321 1479/92
      Email address: professionalconduct@sapc.org.za
      4.     Complaints about Medical Schemes
      If your complaint is about a medical scheme, please contact the Council for Medical Schemes (CMS).
       
      5.     Complaints about Medical Schemes
      If your complaint is about a medical scheme, please contact the Council for Medical Schemes (CMS).
       
      6.     Complaints about Social workers
      If your complaint is about a social worker, please contact the South African Council for Social Services Profession (SACSSP)
      Tel: 012 356 8300/8315
       
       
      How do I lodge a complaint against a practitioner registered with HPCSA
      Online
      You can submit your complaint online by clicking on the following link -
      You will need to register for an account. It does not take long to register, and it will allow you to continue to communicate with the HPCSA even after the complaint has been lodged and further be able to trace the progress of your complaint.
      Other methods of lodging a complaint
      We encourage the use of the online platform, however if you are unable to access the online platform, you are advised to use the below methods:
      • Download the complaint form, you can do so by clicking here
      • Once completed, you can email the form to legalmed@hpcsa.co.za
      • Courier/hand deliver to: 553 Madiba Street, Arcadia, PRETORIA, 0001
      • OR Post to: P O Box 205, Pretoria, 001
       
       
      Tips for completing the form:
      • Provide details of the registered practitioner you wish to lodge a complaint against
      • Please do not provide a practice name but the name and the surname of the practitioner
      • Provide a comprehensive detail of the complaint, including all relevant dates and facts as well as any supporting documents
      • Attach a copy of your ID
      • In a case where the complainant is not the patient, the ID copy/Birth certificate of the patient must be attached
      • In addition, the person complaining on behalf of the patient is requested to provide power of attorney/affidavit document signed by the patient, authorizing the complainant to lodge a complaint on behalf of another person/patient;
      • Help HPCSA respond effectively to the complaint by providing as much information as possible about the issues or incidents that you have witnessed or become aware of.
      • Identify whether there are any documents or any other sources of evidence which could help support the complaint.
      • Please provide any other information not listed above which you think might be relevant.

       

      Anonymity and Confidentiality
      We acknowledge that some individuals may prefer to lodge a complaint anonymously. Anonymous complaint is when the recipient of the complaint does not know the identity of the person who made it. It can be more difficult for the HPCSA to accurately assess the information or to act on the complaint without knowing the full facts. Should your complaint be a matter for consideration by a professional conduct inquiry, the burden of proof is already compromised when the complainant is anonymous. It is recommended that you make your report on a confidential basis. The recipient of the report and any person dealing with the report will be aware of your identity but will not disclose it to anyone unless required to do so by law.
      Kindly note that not all complaints can be investigated as anonymous depending on the nature of complaints. Anonymous complaints should be complaints that can be investigated without the details of the complainant made known to the practitioner
       
       
      PERUSAL, ANALYSIS AND CATEGORIZATION OF A COMPLAINT
      All complaints received are perused, analyzed and categorized according to their significance and seriousness. Complaints not falling under the jurisdiction of the HPCSA are referred to the relevant authorities. These includes complaints against hospitals, medical schemes or other health professionals not registered under the Health Professions Act. 
      Complaints of minor transgressions are referred to the Ombudsman for mediation whereas complaints categorized as serious are referred for preliminary investigation.
       
      MEDIATION BY OMBUDSMAN
      After receiving a complaint for mediation, the Ombudsman may call for further information in any manner he deems appropriate from any person who, in his opinion, may assist in the mediation to resolve the matter and this may include requesting a practitioner to respond to the complaint. After receiving the information referred to above, the ombudsman considers the matter and mediate between the parties with a view of making a determination to resolve the matter between the parties.
       
      After making the determination, the Ombudsman advises the parties of his determination on the matter and require them to indicate whether or not they will abide by the determination. If the parties agree to abide by the determination, the ombudsman confirms the determination in writing and the determination becomes binding on both parties as a final resolution of the matter. If either party does not agree to abide by the determination, the matter is referred to the registrar for preliminary investigation.
       
      The information obtained by the ombudsman during mediation is confidential and privileged and, if a matter is referred for preliminary investigation, such information may not be considered by the preliminary committee of inquiry.
       
      PRELIMINARY INQUIRY PROCESS
      All matters of a serious nature are referred for preliminary investigation. The process of preliminary investigation involves obtaining information from any person including the written response from the person against whom the complaint is lodged who is given forty (40) days to respond to the complaint.
       
      The complaint, information obtained and the written response (if available) are considered by the preliminary committee of inquiry which may either:
      • Instruct the respondent who have not submitted a written response to appear before the committee in person, with or without a legal representative to explain to the committee why he/she failed to respond to the complaint or exercise his/her right to remain silent. The respondent may be found guilty of contempt of council if the committee does not accept the reasons given or if the respondent fails to appear before the committee
      • Note and accept the explanation given by the respondent, in which case, the respondent is discharged, and the complainant can only appeal such a decision of the committee at the High Court.
      • Decide that there are grounds for an inquiry to be held into the matter with or without an option to pay an admission of guilty fine, in which case, the matter is referred for inquiry.
      • Decide that there is prima facie evidence of unprofessional conduct, but that does not require an inquiry, in which case, the committee imposes a penalty of either a caution, reprimand or a fine.
      • Decide to consult with or seek information from any person, including the person against whom the complaint, charge or allegation has been lodged whenever it is in doubt as to whether an inquiry should be held in connection with the complaint, charge or allegation is question
       
       
      PROFESSIONAL CONDUCT INQUIRY
      A professional conduct inquiry process is a lengthy process at it is quasi-judicial in nature. At an inquiry, a practitioner may not be found guilty of unprofessional conduct, in which case the practitioner is discharged, but the pro-forma complainant may appeal the decision of the committee to the Appeals Committee of Council OR the practitioner may be found guilty, in which case, the committee imposes any of the penalties in section 42(1) of the Act.
      Meet the HPCSA Ombudsman
       
      Dr Munyadziwa Albert Kwinda is the Ombudsman at the Health Professions Council of South Africa, a post he has occupied since March 2014. Before joining the HPCSA as Ombudsman, Dr Kwinda was a Medical Specialist (Family Physician) working for the Department of Health at Tshilidzini Hospital in Venda, the same hospital where he did his internship in 2002. At the same time, he was also seconded by the MEC Of Health to manage the National Health Insurance Pilot District in Limpopo.  He spent a total of 9 years at Donald Fraser Hospital in Limpopo, starting with his community service there. It was during his year of community service that Dr. Kwinda was initiated into the management cadre when he was appointed as Acting Senior Medical Superintendent, and then became the Senior Clinical Manager from 2004-2011, becoming the youngest clinical/medical manager ever in Limpopo during his time. 
       
      His exceptional achievements earned him the Award by the South African Medical Association for Commitment to the Improvement of Public Health Services in Rural Areas in 2004, Award of Best Clinical Manager for Vhembe District for the 2007/8 financial year and Award by the Rural Doctors Association of South Africa (RuDASA) for Rural Doctor of the year in 2008. 
       
      After matriculating at Phophi Secondary School, he obtained a Bachelor of Science Degree from the University of Venda in 1995, followed by an MBCHB at Natal University in 2002. In 2011 he obtained his M.Med Family Medicine from the University of Limpopo, and in 2016 obtained an MSc Med (Bioethics and Health Law) with the University of the Witwatersrand and Dr Kwinda is also a lawyer with a Bachelor of Laws Degree from the University of South Africa. Dr Kwinda is also a certified mediator. 
      Dr. Kwinda has been involved in different leadership roles at both a professional level and community level, some of which are:  
      1. South African Medical Association
      2. Member and Vice Chairperson of the Medical and Dental Professions Board (HPCSA)
      3. Medico-legal Member of the Aeromedical Committee (Civil Aviation Authority)
      4. Council Member and Member of the Audit and Risk Committee and Governance Committee
      5. Board Member for Mediation-In-Motion
      6. Guest lecturer at University of Witwatersrand Graduate Entry Medical and Master of Science in Medicine (Bioethics and Health Law) programmes
      7. Guest lecturer at University of Pretoria Master of Public Health programme
      8. Ethics Continuing Professional Development presentations at different forums.
      9. Member of the National Health Research Ethics Committee - Current
      10. Ordained Pastor at the United Apostolic Faith Church – Current.
       
       
      Frequently Asked Questions
      1.     Who is the Ombudsman? 
      “Ombudsman” means a person appointed by the council to mediate in the case of minor transgressions referred to him or her by the registrar for mediation. 
       
      2.     What is a minor transgression? 
      “Minor transgression” means conduct which, in the opinion of the registrar or preliminary committee of inquiry, on the basis of the documents submitted to the registrar or such committee, is unprofessional, but of a minor nature, and does not warrant the holding of a formal professional conduct inquiry. 
       
      3.     How does the Ombudsman carry out the mediation process? 
      3.1 After receiving a complaint for mediation, the Ombudsman may call for further information in any manner he deems appropriate from any person who, in his opinion, may assist in the mediation to resolve the matter and this may include requesting a practitioner to respond to the complaint. 
      3.2 After receiving the information referred to in 3.1, the ombudsman considers the matter and mediate between the parties with a view of deciding to resolve the matter between the parties. 
      3.3 After making the determination, the Ombudsman advises the parties of his determination on the matter and require them to indicate whether they will abide by the determination. 
      3.4 If the parties agree to abide by the determination, the ombudsman confirms the determination in writing and the determination becomes binding on both parties as a final resolution of the matter. 
      3.5 If either party does not agree to abide by the determination, the matter is referred to the registrar for preliminary investigation. 
       
      4.     What happens to the information obtained by the ombudsman during the mediation process? 
      The information obtained by the ombudsman in terms 3.1. above is confidential and privileged and, if a matter is referred for preliminary investigation in terms of 3.5. above, such information may not be considered by the preliminary committee of inquiry. 
       
       
      What is the difference between the “HPCSA Ombudsman” and the “Health Ombud”?
      DESCRIPTION 
      HPCSA ‘OMBUDSMAN’ 
      HEALTH ‘OMBUD’ 
      Definition 
      “ombudsman” means a person appointed by the Council to mediate in the case of minor transgressions referred to him or her by the registrar for mediation. 
      Ombud means a person appointed by the Minister in consultation with the Board of the Office of Health Standard Compliance. 
       
      Establishment of the Office 
      Established in terms of Regulation 3 of the Regulations relating to the Conduct of Inquiries into alleged unprofessional conduct under the Health Professions Act 
      Established in terms of Section of section 81 of the National Health Amendment Act 
      Function 
      Mediate in the case of minor transgressions referred to him by the registrar 
      Investigate and dispose of written or verbal complaints relating to norms and standards  
      Jurisdiction 
      Complaints against health practitioners registered with the HPCSA 
      Complaints against health establishments including persons employed by health establishments, which may include health practitioners registered with the HPCSA 
      Powers 
      To consider the complaint and decide which is only binding if agreed by both parties 
      To investigate the complaint and make findings & recommendations which are binding 
      Referral powers 
      To refer matters falling outside the jurisdiction of HPCSA to relevant bodies and matters that matters that could not be mediated to the Professional Boards for preliminary investigation through the Registrar. 
      The Professional Boards have no duty to report progress to the Ombudsman  
      To refer matters to other bodies and such bodies have a duty to report progress to the Ombud 
      Independence 
      Independent from the Professional Boards and reports to the Council through the Registrar 
      Independent from the Department of Health and CEO of OHSC AND reports to and accountable to the Minister of Health 
      6.     Do I need legal representation when my matter is mediated by the Ombudsman? 
      Although either party may seek legal advice or support, legal representation is not required for matters referred to ombudsman for mediation. Therefore, any communication with the Ombudsman must be in the first person (the parties themselves). 
      7.     What are the common complaints that are referred to ombudsman? 

      The most common complaints mediated by the ombudsman are related to: 

      •  Communication
      • Informed Financial Consent
      • Billing practices
      • Accounts
      • Medical Reports 
      The ombudsman may consider any other matter depending on the outcome desired by the complainant when lodging a complaint with council, professional board and/or the Registrar. 
      8.     What is the proportion of complaints referred to the Ombudsman for mediation? 
      Currently, 33% of complaints received by the HPCSA are referred to Ombudsman for mediation. 
      9.     What is the mediation Case Clearance and Success Rate? 
      The Ombudsman Case Clearance Rate is 90% and on average, 88% of complaints are successfully mediated of which 93% are resolved without a need for contact/virtual mediation. 
      10. Can the ombudsman impose a penalty in terms of section 42(1) of the Health Professions Act. 
      The Ombudsman does not make a guilty finding and does not impose any penalty in terms of the Act. The Ombudsman can only decide which is only binding if agreed by both parties.
      11. Can I lodge a complaint directly with the Ombudsman? 
      No. Complaints are lodged with the Registrar who in turn refer complaints of minor transgression to the Ombudsman for mediation. 
      12. Can a complainant request that his or her complaint be referred to ombudsman for mediation? 
      Although a complainant can make a request that his or her complaint be referred for mediation as the desired outcome when lodging a complaint, the decision to refer the complaint to the Ombudsman for mediation still lies with the Registrar. 
      13. Can a practitioner request that a complaint against him/her be referred to the Ombudsman for mediation? 
      No. This can only be decided by the Registrar and/or the Professional Board Concerned. 
      14. Some points to note about mediation:
      • Mediation creates a safe environment for the parties to be assisted by a third party to resolve the matter amicably confidentially and without prejudice (negotiations between parties which take place with a view of settling the disputes between them are privileged and cannot be disclosed) 
      • During mediation, the mediator uses specialized skills to assist the parties to generate options for the resolution of their dispute that are generally not available to the professional board processes which are litigious.  
      • Mediation focuses on the underlying concerns and interests of parties, exploring ways in how they can be satisfied. Hence, creating thinking is encouraged to optimize value for both parties to arrive at a win/win outcome. 
      • Legal representation is allowed at mediation, but during a contact mediation, legal representatives have an observer status and only participate during private sessions. 

      15. What to expect during a contact/virtual mediation  

      • The ombudsman introduce himself and allow the parties to introduce themselves and state how they would like to be addressed during the mediation process. 
      • The Ombudsman gives a brief background about the HPCSA and the complaints management process with the emphasis that the ombudsman’s is one of the two areas where complaints are considered and finalized. 
      • The essential features of mediation are explained to the parties during a joint session. 
      • Then everyone (all parties) is given the opportunity to explain the events leading up to the complaint. 
      • Then the ombudsman holds private and confidential sessions with the parties to explore their interests and concerns and how these may be satisfied. The Ombudsman also establishes how far apart the parties are towards the resolution of the matter. 
      • These sessions can be as many as possible before a joint session to conclude the matter, where the ombudsman decides is held. 
      • All the private sessions are private and confidential, and the ombudsman may not disclose anything said to him at a private session to the other party, unless expressly authorized to do so. 
      • The entire mediation process is off the record and confidential…meaning that nobody is at liberty to disclose or to make use of any confidential information that would not have been disclosed but for mediation. 
      • The time usually allocated for contact/virtual mediation is three (3) hours. 
       
      Prosecution
      To act as a proforma complainant in the prosecution of complaints referred by the Preliminary Committees of Inquiry. The Professional Conduct Committee (“the PCC”) presides over the prosecution of complaints. 
       
      Professional Conduct Inquiry
      A professional conduct inquiry process is a lengthy process at it is quasi-judicial in nature. At an inquiry, a practitioner may not be found guilty of unprofessional conduct, in which case the practitioner is discharged, but the pro-forma complainant may appeal the decision of the committee to the Appeals Committee of Council OR the practitioner may be found guilty, in which case, the committee imposes any of the penalties in section 42(1) of the Act. 
       
       
       
      Inspectorate
       
      Regional offices contact details:
      GAUTENG
      Senior manager:  Mr. Eric Mphaphuli
      Secretary:     Mr. Vincent Skosana
       
      Inspector:  Mr. Masilo Twala
       
      4th Floor
      Metrodean Building
      572 Madiba Street
      Arcadia, 0083
      012 338 3984
      Cell:  0609972857 (Mr. E. Mphaphuli)
      Cell:  064 759 8750 (Mr. M. Twala)
      KWAZULU NATAL
       
      Inspector:  Mrs. M. Julius
      Administrator:  Ms. Busisiwe Nguse
       
      Regus Business Centre
      1st Floor
      Libety Life Building
      21 Aurora Drive
      Umhlanga, 4301          
      Cell:  063 694 1092 (M. Julius)
       
      WESTERN CAPE
      Inspector:  Mr. A. Botile
      Administrator:  Vacant
       
      Regus Offices
      First Floor
      Willowbridge Centre
      Carl Cronje Dr
      Tygervalley
      Cape Town
      7530
      Cell:  064 799 3765
      EASTERN CAPE
      Inspector:  Ms. M. Mamabolo
      Administrator:  Mrs. Hayley Smith
       
      Regus Business Centre
      Office No: 29 & 31
      No: 14 Stewart Street
      Berea
      East London, 5241
      Tel: 043 783 9741
      Cell:  063 685 4726 (Ms. M. Mamabolo)
      MPUMALANGA
      Deputy Inspector:  Ms. Keabetswe Mokoena
      Tel:  012 338 3914
      Cell:  072 523 1774
      LIMPOPO
      Deputy Inspector:  Mrs Bridget Machika
      Tel:  012 338 3913
      Cell:    083 440 1672
      FREE STATE 
      Deputy Inspector:  Ms. Onicca Kekana
      Administrator:  None
      Tel:  012 338 3976
      Cell:  081 243 9524
      NORTH WEST
      Deputy Inspector:  Vacant
      Administrator:  None  
      NORTHERN CAPE
      Deputy Inspector:  Vacant
      Administrator:  None 
       
       
       
       
      Legislation

      Health Professions Act, 56 of 1974
      		 View document
      Basic Conditions Employment Act
      		 View document

      Children's Act 38 of 2005
      Choice of Termination of Pregnancy Act, 92 of 1996
      Electronic Communications and Transactions Act, 25 of 2002
      Medical Schemes Act, 131 of 1998
      Medicines and Related Substance Act, 101 of 1965
      		 View document
      Mental Health Care Act, 17 of 2002
      		 View document
      Mine Health and Safety Act, 29 of 1996
      		 View document
      National Health Act, 61 of 2003
      		 View document
      National Environmental Management: Waste Act, 59 of 2008
      		 View document
      National Health Laboratory Services Act, 37 of 2000
      		 View document

       
       
       
       


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