Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)

Chapter IX : Obligations of employers

88. Contributions by employers individually liable and licensee
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[Section 88 heading substituted by section 55(a) of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022, Notice No. 3294, GG48431 dated 17 April 2023]

 

(1)Notwithstanding any provision to the contrary contained in this Act, the employers individually liable and the licensee shall pay annually to the Compensation Fund in such manner and at such times as the Director-General may determine, such portion of the expenditure incurred by the Compensation Fund in the administration of the provisions of this Act as he or she may deem equitable.

[Section 88(1) substituted by section 55(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]

 

(2)
(a)The Director-General shall as soon as possible after the end of each financial year estimate the loss suffered during that year as a result of compensation that became payable out of the compensation fund in respect of employees with regard to whom their employers failed to pay assessments.
(b)Such loss shall be estimated on the basis of the difference between the compensation referred to in paragraph (a) as calculated by the Director-General, together with any expenditure incurred or likely to be incurred in connection therewith, and the amounts recovered from the employers concerned or likely to be recovered whether by way of compensation, fines or otherwise.
(c)The loss for any particular financial year may be revised by the Director-General in subsequent years in the light of the amounts actually paid or recovered.
(d)The employers individually liable and the licensee shall pay to the Compensation Fund, in such manner and at such times as he or she may determine, such portion of the said loss as he or she may deem equitable.

[Section 88(2)(d) substituted by section 55(c) 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]

 

(3)The provisions of this Act with regard to the recovery of assessments shall apply mutatis mutandis to the recovery of an amount owing by an employer or mutual association in terms of this section.

 

(4)For the purposes of this section compensation includes the cost of medical aid as well as any amount paid or payable in terms of section 28, 54(2) or 72(2) and, in the case of a pension, the capitalised value as determined by the Director-General of the pension, irrespective of whether a lump sum in lieu of the pension or a portion thereof is at any time paid under section 52 or 60, and periodical payments or allowances, as the case may be.