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COMPENSATION FOR OCCUPATIONAL INJURIES & DISEASES AMENDMENT ACT: DEPARTMENT JUMPS THE GUN
- 21 February 2024
- Labour Law
- SA Legal Academy
The Department of Employment & Labour has issued a media statement asserting that ‘the Compensation Fund can no longer recover damages paid to claimants as a result of road accidents’. Apparently, during an ‘amendment and regulations roadshow’ in Gqeberha on 20 February 2024, the Fund’s senior legal officer, Harry Maphologela, told participants that – in terms of amendments to section 36 of the Compensation for Occupational Injuries & Diseases Act, 1993, the Road Accident Fund ‘shall no longer be regarded as a third party to claimants who also suffered occupational injuries whilst on the road’.
Section 36 of the principal statute deals with the recovery of damages and compensation paid from third parties.
Maphologela was referring to provisions in the Compensation for Occupational Injuries & Diseases Amendment Act, 2022, to which President Cyril Ramaphosa assented in April 2023. However, it has yet to come into force. Only when formally commenced by presidential proclamation in the Government Gazette will the amendment to section 36 be binding.
Published by SA Legal Academy Policy Watch