OCCUPATIONAL INJURIES & DISEASES: 2022 COMPENSATION AMENDMENT ACT COMMENCEMENT DATES GAZETTED

OCCUPATIONAL INJURIES & DISEASES: 2022 COMPENSATION AMENDMENT ACT COMMENCEMENT DATES GAZETTED

• 23 January 2026
• Labour Law
• SA Legal Academy

Commencement dates for the 2022 Compensation for Occupational Injuries & Diseases Amendment Act have been announced in a presidential proclamation nevertheless excluding certain members of the South African Defence Force and Police Service from the new definitions of ‘earnings’ and ‘employee’. While most sections of the Act are now in force, several provisions will come into effect on 1 February 2026 and certain others two months later.

Substantive amendments include the insertion of chapters on:

• rehabilitation and reintegration, and
• inspection, compliance and enforcement.

Against that backdrop, according to the proclamation, sections of the amendment Act now in force:

• repeal the principal statute’s section 14 (meetings of the board), and
• have implications for sections of the principal statute dealing with:
  • the Compensation Fund
  • accounting and auditing
  • an employee’s right to compensation
  • accidents outside South Africa
  • accidents during training
  • compensation payments to a court-appointed curator
  • recovering compensation from a third party (expressly referring to the Road Accident Fund)
  • claim-related supporting documentation (including medical examinations)
  • claim lodgement and consideration
  • prescription
  • legal fees
  • disability claims
  • pension claims
  • death
  • employer negligence
  • medical advisory panels
  • assessments
  • employer obligations
  • contractors and sub-contractors
  • compensation calculations
  • variations
  • appeals, and
  • amendments to schedules.

Sections of the amendment Act in force from 1 February 2026 significantly affect the appointment and functions of the board.

Sections effective from 1 April 2026 have implications for:

• penalties for non-compliance, and
• rebates for favourable accident records.

Please click the links below for more information:

• presidential proclamation
• 2022 amendment Act
• principal statute (SAFLII)

Published by SA Legal Academy Policy Watch

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