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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.

Complaints Handling Unit

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
 
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.


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