Chapter X: Legal procedures

90. Review of decisions by Director-General

1) The Director-General may after notice, if possible, to the party concerned and after giving him an opportunity to submit representations, at any time review any decision in connection with a claim for compensation or the award of compensation on the ground--

1. that the employee has not submitted himself to an examination referred to in section 42;
2. that the disablement giving rise to the award is prolonged or aggravated by the unreasonable refusal or failure of the employee to submit himself to medical aid;
3. that compensation awarded in the form of a Periodical payment or a pension is excessive or insufficient because of existing or changed circumstances;
4. that the decision or award was based on an incorrect view or misrepresentation of the facts, or that the decision or award would have been otherwise in the light of evidence available at present but which was not available when the Director-General made the decision or award.

2) The Director-General may, after he has considered the evidence and representations submitted to him and made such inquiry as he may deem necessary, confirm, amend or set aside his decision, and may suspend, discontinue, reduce or increase  HYPERLINK "javascript:BSSCPopup('compensa.htm');" compensation awarded.

3) For the purposes of this section compensation shall include medical aid.

91. Objections and appeal against decisions of Director-General

1) Any person affected by a decision of the Director-General or a trade union or employers' organization of which that person was a member at the relevant time may, within 180 days after such decision, lodge an objection against that decision with the Director-General in the prescribed manner.

2)

1. a) An objection lodged in terms of this section shall be considered and decided by the presiding officer assisted by two assessors designated by him, of whom one shall be an assessor representing employees and one an assessor representing employers.
2. If the presiding officer considers it expedient, he may, notwithstanding paragraph (a), call in the assistance of a medical assessor.
3. The provisions of sections 6, 7, 45 and 46 shall apply mutatis mutandis in respect of the consideration of an objection.

3)

1. After considering an objection the presiding officer shall, provided that at least one of the assessors, excluding any medical assessor, agrees with him, confirm the decision in respect of which the objection was lodged or give such other decision as he may deem equitable.
2. 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.

4) The presiding officer may in connection with proceedings in terms of this section make such order as to costs and the payment thereof as he may deem equitable.

5)

1. 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--

   1. the interpretation of this Act or any other law;
   2. the question whether an accident or occupational disease causing the disablement or death of an employee was attributable to his or her serious and willful misconduct;
   3. 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;

   4. the right to increased compensation in terms of section 56.

2. 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).

7)

1. If during the hearing of an objection the presiding officer dies or becomes unable to act as presiding officer--

   1. 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

   2. the hearing shall start de novo if the consent contemplated in subparagraph (i) is not given.

2. If during the hearing of an objection the assessor dies or becomes unable to act as assessor--

   1. 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
   2. the hearing shall start de novo if the consent contemplated in subparagraph (i) is not given.

92. Director-General may state case for Supreme Court

1) If any question of law arises in the performance of the functions of the Director-General, the Director-General may of his or her own motion or at the request of a party with a sufficient interest in any matter or proceedings before the Director-General, state a case for decision by a High Court having jurisdiction.

2) The Director-General shall set out in the stated case--

1. the facts that he found proved; and
2. the view of the law which he has adopted in relation to those facts.

3) If the Director-General has any doubt as to the correctness of a decision given by any provincial or local division of the Supreme Court regarding a question of law in connection with the application of this Act, he may submit such decision to the Appellate Division of the Supreme Court and cause the question of law to be argued so that the Appellate Division may decide such question of law for the future guidance of all courts.

93. Evidence

1) The record of any decision or award made by the Director-General, and a copy of or extract from a record or document kept by the Director-General or lodged with him, which purports to be certified by the Director-General as a true copy or extract shall upon its mere production in a court of law be prima facie evidence of the content of such record or document.

2) In any proceedings in terms of this Act, or in any court of law, any document purporting to be a sworn statement made by the Director-General or an authorized person referred to in section 7(2), and in which it is stated--

1. that any person is an employer, a mandator, a contractor, an employee or a dependant of an employee in terms of this Act;
2. that any person is or was required in terms of this Act to pay an amount to the Director-General or to an employee or other person specified in the statement;
3. that an amount referred to in paragraph (6), or any portion thereof, has or has not been paid on a date specified in the statement;
4. that he has exercised a power under this Act, shall upon its mere production be prima facie evidence of the facts stated therein.

3) The person presiding at the court or other proceedings referred to in subsection (1) or (2) may cause the person who has made a sworn statement referred to in subsection (2) to be subpoenaed to give viva voce evidence or cause written interrogatories to be sent to him for answering and a document purporting to be a sworn statement With the answers of that person shall upon its mere production be prima facie evidence of the facts stated therein.