(3) The procedure to be followed in the investigation and adjudication of misconduct cases referred to in
subsection (1) or (2), and the punishments that may be imposed upon members of the Health Service found
guilty of misconduct, shall be as prescribed in service regulations or, in the absence of such prescription, as
fixed by the Board.
(4) Any person who is aggrieved by a verdict reached or punishment imposed following misconduct
proceedings conducted in terms of subsection (1) or (2) may appeal to the Board in the form and manner
prescribed in service regulations.
PART IV
HOSPITALS AND HOSPITAL MANAGEMENT BOARDS
18 Corporate status of central, provincial, district and general hospitals
(1) Subject to subsection (3), each central, provincial, district or general hospital shall be a body corporate
capable of suing and being sued in its own name and, subject to this Act, performing all acts that bodies
corporate may by law perform.
(2) Each central, provincial, district or general hospital shall be managed by a hospital management
board.
(3) Any legal suit or action to which a Government hospital is a party shall be immediately reported to the
Health Service Board by the appropriate hospital management board.
19 Establishment and composition of hospital management boards
(1) The Minister shall establish a hospital management board for each Government hospital which shall
be the responsible authority for the hospital concerned.
[Subsection amended by section 25 of Act 6 of 2005]
(2) Subject to subsection (4), each hospital management board shall consist of not more than seven
members of whom—
(a) one shall be the superintendent or chief executive officer of the hospital, who shall be the
chairperson of the board;
(b) in the case of a teaching hospital, one shall be appointed by the Minister from a panel of three
persons who are staff members of any faculty or college of medicine involved in training health
personnel in a university operating in the province or in the vicinity in which the hospital is located,
whose names have been submitted by the governing body of the university;
(c) the remaining members shall be appointed by the Minister, through the Board, for their professional
or managerial skills.
(3) If a university referred to in subsection (2)(b) fails, neglects or refuses to submit any names or make
any nomination or appointment for the purposes of that provision, or if a suitable person cannot be found in the
area concerned, the Minister may in terms of that provision appoint any person, whether that person is
qualified in terms of that provision or not, whom he considers fit to be a member.
(4) In every case where a hospital management board is appointed for a district or general hospital which
is a mission hospital, there shall be seven members of the board appointed by the Minister, through the Board,
of whom—
(a) three, including the chairperson of the board, shall be nominated by the religious body sponsoring
the mission hospital; and
(b) in the case of a teaching hospital, one shall be appointed by the Minister from a panel referred to in
subsection (2)(b); and
(c) three or four (as the case may be) shall be appointed by the Minister in accordance with subsection
(2)(c).
(5) The Minister shall designate one of the members of each hospital management board appointed under
subsection (2)(b) or (c) or (4)(b) or (c) to be the vice-chairperson of the board.
(6) The Second Schedule shall apply to the conditions of office, disqualifications and vacation of office of
members of a hospital management board and related matters, and to the meetings and procedure of a hospital
management board.
20 Functions of hospital management boards
(1) Subject to any directions of the Minister, the functions of each hospital management board shall be
to—
(a) provide for the care and treatment of the patients at the hospital for which the board is the
responsible authority (hereinafter referred to as "the hospital"); and
(b) hire and fire staff; and
(c) in the case of a teaching hospital, to provide facilities for the teaching and training of medical
practitioners, medical student nurses and other personnel; and