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

Chapter IX : Obligations of employers

84. Certain employers exempt from assessment


(1) No assessment in favour of the compensation fund shall be payable in respect of employees—
(a) in the employ of—
(i) the national and provincial spheres of government, including Parliament and provincial legislatures;

[Section 84(1)(a) substituted by section 31(a) of Act No. 61 of 1997]

(ii) a local authority which has obtained a certificate of exemption in terms of section 70(1)(a)(ii) of the Workmen's Compensation Act and has notified the Director-General in writing within 30 days after the commencement of this Act that it desires to continue with the arrangements according to the said certificate of exemption;
(iii) a municipality contemplated in section 10B of the Local Government Transition Act, 1993 (Act No. 209 of 1993), to which exemption has been granted in terms of subsection (2);

[Section 84(1)(a)(iii) inserted by section 31(b) of Act No. 61 of 1997]

(b) whose employer has with the approval of the Director-General obtained from a mutual association a policy of insurance for the full extent of his potential liability in terms of this Act to all employees employed by him, for so long as he maintains such policy in force.


(2) The Director-General may upon application exempt any  local authority referred to in subsection (1)(a)(ii) or any municipality referred to in subsection (1)(a)(iii) from the obligations of an employer in terms of this Act on such conditions as he or she may think fit.

[Section 84(2) substituted by section 31(c) of Act No. 61 of 1997]


(3) Notwithstanding the provisions of this section, the Director-General may on application by an employer referred to in subsection (1) permit such employer to pay assessments to the compensation fund in respect of his employees, and thereafter the provisions of this section shall cease to apply to such an employer.