[Section 91 heading substituted by section 58(a) of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022, Notice No. 3294, GG48431 dated 17 April 2023]
| (1) | Any person affected by a decision of the Commissioner may, within 12 months after such decision, lodge an objection against that decision with the Commissioner in the prescribed manner. |
[Section 91(1) substituted by section 58(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) | An objection lodged in terms of this section shall be heard and decided by the presiding officer assisted by three assessors designated by the Commissioner, of whom one shall be an assessor representing employees, one an assessor representing employers and a medical assessor. |
| (b) | [Section 91(2)(b) deleted by section 58(d) 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] |
| (c) | The provisions of sections 6, 7, 45 and 46 shall apply mutatis mutandis in respect of the consideration of an objection. |
[Section 91(2)(a) substituted by section 58(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)
| (a) | After considering an objection the presiding officer shall, provided that at least two of the assessors, agrees with him or her, confirm the decision in respect of which the objection was lodged or give such other decision as he or she may deem equitable. |
| (b) | If neither of the assessors agrees with the view of the presiding officer, the presiding officer shall submit the dispute in terms of section 92 to the Supreme Court for decision. |
[Section 91(3)(a) substituted by section 58(e) 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]
| (4) | The presiding officer may in connection with proceedings in terms of this section make such order as to costs as contemplated in section 46(7). |
[Section 91(4) substituted by section 58(f) 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]
| (a) | Any person affected by a decision referred to in subsection (3)(a), may appeal to any provincial or local division of the Supreme Court having jurisdiction against a decision regarding— |
| (i) | the interpretation of this Act or any other law; |
| (iii) | the question whether the amount of any compensation awarded is so excessive or so inadequate that the award thereof could not reasonably have been made; |
| (iv) | the right to increased compensation in terms of section 56. |
| (b) | Subject to the provisions of this subsection, such an appeal shall be noted and prosecuted as if it were an appeal against a judgment of a magistrate's court in a civil case, and all rules applicable to such an appeal shall mutatis mutandis apply to an appeal in terms of this subsection. |
| (6) | Except where the presiding officer orders otherwise, no obligation to pay any assessment, compensation or any other amount to the Director General or to the compensation fund, or to pay any periodical payments to or on behalf of an employee under a decision of the presiding officer, shall be suspended or deferred by reason of the fact that an objection has been lodged against such decision in terms of subsection (1), or that an appeal has been noted in terms of subsection (5). |
[Section 91(6) substituted by section 33(d) of Act No. 61 of 1997]
| (a) | If during the hearing of an objection the presiding officer dies or becomes unable to act as presiding officer— |
| (i) | the hearing may, with the consent of the person, trade union or employers’ organisation contemplated in subsection (1), proceed before another presiding officer and the assessors concerned; or |
| (ii) | the hearing shall start de novo if the consent contemplated in subparagraph (i) is not given. |
| (b) | If during the hearing of an objection the assessor dies or becomes unable to act as assessor— |
| (i) | the hearing may, with the consent of the person, trade union or employers’ organisation contemplated in subsection (1), proceed before the presiding officer concerned and the remaining assessor or assessors; or |
| (ii) | the hearing shall start de novo if the consent contemplated in subparagraph (i) is not given. |
[Section 91(7) inserted by section 33(e) of Act No. 61 of 1997]
| (8) | Notwithstanding the provisions of subsection (1), the Commissioner may extend the period by a further six months on good cause shown why the objection was not lodged within the prescribed period. |
[Section 91(8) inserted by section 58(g) 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]
