n Tydskrif vir die Suid-Afrikaanse Reg - The bill of rights and statutory interventions with common-law delictual remedies in compensation schemes for road accidents and work-related injuries and diseases : aantekeninge

Volume 2011, Issue 3
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



was the first judgment in which the South African constitutional court considered the constitutionality of aspects of a scheme in which employees and employers are treated differently in respect of work-related injuries and diseases from other victims and tortfeasors of unlawful, culpable actions (1999 2 BCLR 139 (CC), 1999 2 SA 1 (CC) references to paragraphs will be to those in the BCLR because of different numbering in the SA version). The constitutional court confirmed the validity of section 35(1) of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (the compensation act) which excludes common-law liability for compensation on the part of employers for damages suffered by employees or their dependants in respect of any occupational injury or disease resulting in the disablement or death of the employees. It restricts liability to liability under the act.

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