“Dependent" is one of the key terms that have had their definitions amended as per the recent signing of the amendments to the Compensation for Occupational Injuries and Diseases Act (COIDA) 10 of 2022 into law. This was said at an advocacy session with employers held today, 8 December 2023 in Rustenburg, North West Province.

Speaking at the session, a legal officer from the Compensation Fund (CF), Irish Lephoto indicated that the principal Act had limitations when it came to the definition of “Dependent", disadvantaging people who were justifiable dependants of the deceased employee. The principal Act defined “Dependent" as a widow or widower married to the deceased in terms of civil marriage; widow or widower married according to indigenous law or customs; and a child under 18 years including a posthumous child, stepchild, adopted child, and a child born out of wedlock.

“In reversing this, the new amendment to the definition of “Dependent" now includes the following; a life partner of the employee; widow or widower married according to civil law, civil union, customary law or any other law; a child under 18 years and includes a posthumous child, stepchild, adopted child and a child born out of wedlock; a child over 18 years but under 25 years who is still a learner or who is wholly or partly financially dependent on the employee; a child who is 25 years or older, a parent, a brother, a sister, a half-brother or half-sister, a grandparent, a grandchild or any other person who is wholly or partly financially dependent on the employee," said Lephoto.

The amendment also includes changes to the definitions for terms such as "accident," "assessment," "compensation," "employee, “licensee", “rehabilitation" and "earnings"

The rationale behind the amendment of the Act is to mainly provide improved governance by the Board; allow Commissioner to perform some of the functions that were previously performed by the Director-General, introduce the new programme that has been formalised in legislation called rehabilitation, re-integration and return to work of occupationally injured as well as deceased employees; the regulation of third parties who would like to transact with the Fund; the regulation of compliance and enforcement of employers; the administrative penalties and the regulation on the use of health care services among others.

The session also covered the following topics, Employer Services, Compensation Benefits, Rehabilitation Reintegration and Return to Work Programme, Medical Benefits, CompEasy, and Query Resolution Process.

For media enquiries kindly contact:

Botsang Huma

Provincial Communication Officer

Department of Employment and Labour

Cell     : 082 497 7438

Email  : botsang.huma@labour.gov.za

Or

Mothusi Legwale

CF Communication

Cell: 082 823 1380

Email  : Mothusi.legwale@labour.gov.za

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Issued by: Department of Employment and Labour​

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