Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)Chapter V : Claims for compensation46. Appearance of parties |
(1)
| (a) | Every party to a claim for compensation or his representative may appear before the Director-General at a formal hearing. |
| (b) | The Director-General may designate any person to investigate a claim, attend a formal hearing, cross-examine witnesses, adduce rebutting evidence and present arguments. |
| (2) | Only a legal practitioner as defined in section 1 of the Legal Practice Act, 2014 (Act No. 28 of 2014), shall be entitled to any fees or remuneration except such necessary expenses as the Commissioner may allow. |
[Section 46(2) substituted by section 26(a) 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]
| (3) | No fees or remuneration shall be claimed from an employee or employer except with the approval of the Director-General. |
(4)
| (a) | The Commissioner may of his or her own motion or on an ex parte application by a party to a claim for compensation, order any legal practitioner employed by such party who has allegedly, contrary to subsection (2), claimed fees or remuneration, to submit to him or her a statement showing what he or she has received or contracted to receive from his or her client, and to submit for taxation his or her bill of costs against such client. |
[Section 46(4)(a) substituted by section 26(b) 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]
| (b) | Upon such taxation the Director-General may allow such fees, costs and expenses as he may consider reasonable in the circumstances. |
| (c) | If an amount has been paid in excess of the amount allowed upon taxation, the excess shall be refunded to the person concerned, and any agreement in terms of which such an excess is otherwise payable shall be void as to that excess. |
| (5) | The provisions of subsections (2), (3) and (4) shall also apply to any act in connection with a claim for compensation which is not the subject of a formal hearing. |
| (6) | Any person who agrees or attempts to collect any money contrary to the provisions of this section shall be guilty of an offence. |
| (7) | Costs in connection with a formal hearing in terms of this section and section 91 shall only be awarded at magistrate court tariffs. |
[Section 46(7) inserted by section 26(c) 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]