In terms of the amended section 36 of the new COID Act, the Compensation Fund can no longer recover damages paid to claimants as a result of road accidents. The Road Accident Fund shall no longer be regarded as a third party to claimants who also suffered occupational injuries whilst on the road as per the approved amendments.

This was reflected by Compensation Fund's Senior Legal Officer:  Harry Maphologela in his presentation at the Funds' Compensation of Injuries and Diseases Act (COIDA) amendment and regulations roadshow currently ongoing at Garden Court in Gqeberha today, (20 February 2024).

The objective of the roadshow is to capacitate stakeholders on the COID Amendment Act 10 of 2022 which also includes improved governance of the Board; additional functions of Commissioner that were previously performed by the Director-General; rehabilitation, re- integration and return to work of occupationally injured and diseased employees; regulation of the use of health care services; reviewing of pension claims or awards by the Commissioner; regulation of compliance and enforcement of employers; amendments on administrative penalties and the inclusion of domestic workers in the COID Act as signed into law by the President of the Republic of South Africa in 2023.

Maphologela further highlighted that section 36 of the principal COID Act provides for the recovery of damages from the Road Accident Fund, where the Compensation Fund has made a payment on a portion of the claim that was supposed to be paid by the Road Accident Fund. The same process is followed should the Road Accident Fund pay damages that were supposed to be paid by the Compensation Fund.

The amended section 36 abolishes this practice between the Compensation Fund and the Road Accident Fund to reimburse one another or to recover damages from each other. The Road Accident Fund will only pay its portion and refer the claimant to the Compensation Fund if the claimant acquired occupational injuries whilst on the road for confirmation of the percentage of payment made or to be made by the Compensation Fund.

Stakeholders who attended the roadshow included amongst others organised businesses, organised labour, government departments, and the general public.

The next COIDA Amendment roadshow will be held tomorrow, 21 February 2024 at The Venue, Hemmingways Hotel, in East London.

For media inquiries contact:

Ziphozihle Klaas - Josefu

Provincial Communication Officer: Eastern Cape 

082 308 6306/ ziphozihle.josefu@labour.gov.za

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Issued by: Department of Employment and Labour​

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