South Africa Case Law

Chamber of Mines of South Africa v Compensation Commissioner for Occupational Diseases and Others (488/11)

Chamber of Mines of South Africa v Compensation Commissioner for Occupational Diseases and Others (488/11) [2012] ZASCA 87 (31 May 2012)

Court

Supreme Court of Appeal

Case number

488/11

Judges

Nugent, Ponnan, Snyders, Tshiqi, Kroon

The Supreme Court of Appeal held that mine owners may be levied to cover a deficit in the Mines Account of the compensation fund, and dismissed the appeal.

• Occupational Diseases
• Levies And Funds
• Statutory Interpretation
• Compensation Fund Deficit
• Statutory-interpretation
• Administrative-law

Mankayi v Anglogold Ashanti Limited (06/22312)

Mankayi v Anglogold Ashanti Limited (06/22312) [2008] ZAGPHC 420 (26 June 2008)

Court

High Courts - Gauteng

Case number

06/22312

Judge

Joffe

The court held that section 35(1) of COIDA is clear and unequivocal in barring any action for damages by an employee against the employer in respect of occupational injury or disease, including those compensatable under ODIMWA. The legislative history demonstrates that both COIDA and ODIMWA form a comprehensive statutory compensation regime for mineworkers, and there is no rational basis for treating claims under ODIMWA differently. The maxim generalia specialibus non derogant does not apply because the legislative intention is manifestly clear. Constitutional arguments regarding equality and…

Source excerpt

• Occupational Diseases
• Statutory Bar To Common Law Claims
• Compensation For Injuries
• Silicosis
• Constitutional Interpretation
• Statutory Interpretation

Mouton v Compensation Commission (A38/2002)

Mouton v Compensation Commission (A38/2002) [2002] ZAWCHC 76 (30 August 2002)

Court

Western Cape High Court, Cape Town

Case number

A38/2002

Judges

Traverso, McDougall

The High Court held that a prison employee’s psychiatric condition could qualify as an occupational disease under the Act, and sent the matter back for assessment of compensation.

• Occupational Diseases
• Compensation For Injury
• Interpretation Of Statute
• Scope Of Employment
• Occupational-diseases
• Workers-compensation