Acts Online
GT Shield

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

Chapter V : Claims for compensation

45. 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 Director-General has a sufficient interest in the subject of a formal hearing, the Director-General shall issue a subpoena for the appearance of a person except if he is of the opinion that such person cannot further the investigation, in which case the Director-General shall issue a subpoena only if the party applying therefor deposits with the Director-General a sum sufficient to cover the necessary expenses to be incurred by the witness as well as the cost of the service of such subpoena.


(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 Director-General shall keep or cause to be kept 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.