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

Chapter VI : Determination and calculation of compensation and assessment of disablement

59. Control over payment of compensation

 

(1) Compensation payable in terms of this Act may for reasons deemed by the Director-General to be sufficient, be—
(a) paid to the employee or the dependant of an employee entitled thereto, or to any other person on behalf of such employee or dependant, in instalments or in such other manner as he may deem fit;
(b) invested or applied to the advantage of the employee or the dependants of an employee;
(c) paid to the Master of the High Court, a trustee or any other person to be applied in accordance with such conditions as may be determined by the Commissioner; or
(d) applied according to one or more of paragraphs (a), (b) and (c).

[Section 59(1)(c) substituted by section 35 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) Notwithstanding any provision to the contrary contained in this Act, if compensation is payable by an employer individually liable or a mutual association, as the case may be, the Director-General may direct such employer or mutual association to pay the whole or any portion of the compensation concerned to the Director-General to be dealt with in terms of subsection (1).

 

(3)

(a) On the death of an employee or a dependant of an employee the unpaid balance of any compensation awarded shall not form part of his estate and shall be paid to such dependant as the Director-General may designate.
(b) Where there is no dependant, the Director-General may pay such balance or a portion thereof to the estate of the deceased.