Workmen Compensation In South Africa

The historical development of compensatory legislation in South Africa cannot be separated from the history of mining in South Africa or the consequences thereof. Occupants of South Africa were not subjected to the awful consequences caused by the Industrial Revolution, due to farming being the common form of occupation. However they were forced to arrange themselves into trade unions and enforce collective interests, due to the discovery of precious minerals such as gold, diamonds and coal which subsequently led to mining operations and as an end result exposed them to the newly identified risks of the dangerous conditions of working underground as well as disease. Major gold deposits were discovered on the Witwatersrand as early as 1886.

(Boyko, Darby, Goldberg, Milin. (2013)) The Second Boer War, the oppressive labour conditions as well as Apartheid policies that up until now determine the socio-cultural landscape across South Africa, was largely funded by the mining sector.

Workmen’s compensation in South Africa dates back to 1894 when it was first introduced by the mining industry when they established Rand Mutual Assurance Company. At national level the first workmen’s compensation statute in the Union of South Africa was passed in 1914 known as the Workers Compensation Act (WCA) of which half of the mines belonged to this self-insurance scheme of the Rand Mutual. However prior to the passing of the 1914 Act employees who were injured at work could have instituted a common law suit against the employer for negligence. The workers common law right could be seen as a minimal occurrence due to the high costs of litigation and difficulty in proving negligence. At first the act sought to cover only injuries and not diseases, however was later amended in 1917 by the Workmen’s Compensation (Industrial Diseases) Act whereby coverage was extended to include industrial diseases such

This was reflected through the introduction of a state workmen’s compensation scheme by the formation of the Accident Fund. The 1941 Act continued to bar employees injured in the workplace from making a tort liability claim against their employers. Negligence on the part of the employer as well as if patent defects existed on plant, premises or machinery and was the cause of the injury, the injured worker would be entitled to increased compensation. Further changes as a result of the 1941 Act included an increased number of occupational diseases being covered. The principle of presumption cause could have attached to some of these diseases. In 1993 the Workmen’s Compensation Act 1941 was repealed and replaced by the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA). COIDA governs workmen’s compensation claims from all sectors of the South African economy except claims for occupational diseases by mine workers to which a separate statute applies. Thus if a mineworker sustains an injury in the course of employment COIDA will govern the determination of the benefits payable. On the other hand if the same mineworker were to contract an occupational disease COIDA will not govern the determination of the