Godknows Hofisi
Business Law
On October 29, 2026, I wrote an article titled “About advertising regulations for health professions”.
It was based on the Statutory Instrument (SI) 170 of 2026 (Health Professions (Advertising) Regulations, 2026), which was gazetted on October 23, 2026 (the SI).
This SI was issued in terms of the Health Professions Act (Chapter 27:19) (the Act).
In this article, I cover offences, penalties and acts of misconduct in Health Professions advertising based on the SI.
Permissible advertising
I explained that permissible advertising is covered in section 4 of the SI under Part II (General Principles Governing Advertising. According to this section, a health practitioner or health institution may advertise professional health services provided that the advertisement:
is factual, accurate and capable of substantiation,
is not misleading, deceptive or likely to create unjustified expectations,
is consistent with accepted professional and ethical standards,
promotes informed healthcare choices by members of the public and
promotes public health education and health promotion.
Prohibited advertising
I explained that this is in section 5 of the SI under Part II (General Principles Governing Advertising). According to this section, no health practitioner or health institution shall publish, cause to be published, distribute, broadcast or otherwise disseminate an advertisement that:
contains information that is false, misleading, deceptive or likely to mislead the public,
exaggerates the effectiveness, quality, safety, benefits or outcomes of any health service, treatment, procedure, product or intervention,
guarantees a cure, successful outcome or any particular result from the provision of a health service,
directly or indirectly claims superiority over, or compares favourably with, another health practitioner, health institution or health service,
contains or relies upon patient testimonials, endorsements or purported testimonials,
contains language, images, audio, video or other content that is offensive, sensational, indecent, discriminatory or likely to exploit fear, anxiety, distress, vulnerability or lack of medical knowledge,
promotes or depicts the use of prescription medicines or controlled substances in contravention of the Medicines and Allied Substances Control Act [Chapter 15:03],
advertises exclusive, secret, miraculous, unique or guaranteed cures, treatments or procedures that are not supported by credible scientific evidence recognised by the council,
offers discounts, inducements, gifts, rewards, rebates, incentives, competitions or promotional benefits, or
Likely to bring the health profession into disrepute or otherwise undermine public confidence in the integrity, dignity or reputation of the profession.
Offences and penalties
This is covered in section 32 of the SI. According to section 32(1), any person who contravenes section 5(2) [which prohibits a person who is not a registered health practitioner or health institution from advertising] or fails to comply with a compliance notice issued under section 31 [Enforcement] commits an offence and is liable to a fine not exceeding level twelve or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
In terms of section 32(2), where a health institution or practitioner commits an offence under these regulations, the health practitioner or health institution shall be liable to a Level 6 fine and every director, manager or officer who knowingly authorised or permitted the contravention shall be personally liable.
According to section 32(3), prosecutions under this section shall be without prejudice to any disciplinary proceedings instituted under the Act.
Acts of misconduct
These are covered in section 33 of the SI. According to section 33(1), any contravention of these regulations by a registered health practitioner shall constitute improper conduct, unethical conduct or disgraceful conduct, as the case may be, for disciplinary proceedings in terms of the Act.
In terms of section 33(2), in determining an appropriate disciplinary penalty for contravention of these regulations, the Council or Authority may have regard to:
the nature, scale, duration and gravity of the contravention.
whether the contravention was deliberate or repeated;
the extent of actual or potential harm caused to the public;
any remedial steps taken by the health practitioner or institution; and
any previous findings of misconduct against the health practitioner or institution.
Conclusion
The SI could be welcome to health professions, but practitioners and institutions ought to be aware of what the offences are at law, and what constitutes acts of misconduct. Offences and acts of misconduct are not the same and they are treated differently.
Disclaimer
This simplified article is for general information purposes only and does not constitute the writer’s professional advice.
Godknows (GK) Hofisi, LLB(UNISA), B.Acc(UZ), Hons B.Compt (UNISA), CA(Z), ACCA (Business Valuations), MBA (EBS, Heriot- Watt, UK) is the Managing Partner of Hofisi & Partners Commercial Attorneys, chartered accountant, insolvency practitioner, commercial arbitrator, registered tax accountant and advises on deals and transactions. /He has extensive experience in industry and commerce and is a former World Bank staffer in the Resource Management Unit. He sits on the Board of the Council of Estate Administrators in Zimbabwe. He writes in his personal capacity. He can be contacted on +263 772 246 900 or ghofisi@ hofisilaw.com or gohofisi@ gmail.com.
