Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)Chapter V : Claims for compensation45. Consideration of claim |
| (1) | The Director-General shall consider and adjudicate on a claim for compensation, and for that purpose may carry out such investigation as he may deem necessary or he may formally hear the claim. |
| (2) | If the Director-General decides upon a formal hearing, he shall in the prescribed manner give notice of the date, time and place of the hearing to the claimant and employer. |
| (3) | If the Director-General considers it necessary that any person, including the claimant and the employer, should be present at a formal hearing to be interrogated, he may issue a subpoena for the appearance of such witness. |
| (4) | Upon application by a person who in the opinion of the Commissioner has a sufficient interest in the subject of a formal hearing, the Commissioner shall issue a subpoena for the appearance of a person who in the opinion of the Commissioner will further the investigation. |
[Section 45(4) substituted by section 25(a) of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022, Notice No. 3294, GG48431 dated 17 April 2023 - effective 23 January 2026 per (a) of Proclamation Notice 306, GG53990 dated 23 January 2026]
| (5) | The provisions of section 6 shall apply mutatis mutandis to a person subpoenaed in terms of subsection (3) or (4). |
| (6) | The Director-General may from time to time adjourn a formal hearing to a date, time and place determined by him. |
| (7) | The Commissioner shall keep a record of the proceedings at a formal hearing, and upon payment of the prescribed fees any person may obtain a copy of such record. |
[Section 45(7) substituted by section 25(b) of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022, Notice No. 3294, GG48431 dated 17 April 2023 - effective 23 January 2026 per (a) of Proclamation Notice 306, GG53990 dated 23 January 2026]