INTRODUCTION

The Compensation for Occupational Injuries and Diseases Act 130 of 1993 (“the Act”) was enacted to provide compensation to employees who suffer injuries or contract diseases in the course of their employment. It ensures compensation not only for workplace-related injuries and illnesses but also in the unfortunate event of an employee’s death resulting from such incidents.

As of 18 March 2025, a regulatory update to the Act (“the Notice”) has introduced a new compliance requirement for employers. The acting Compensation Commissioner, through Government Gazette No. 52333 (“the Gazette”) now mandates that all employers must complete and submit a Confirmation of Employers Registration Details form (“the Form”). The Form must accompany the submission of the 2024 Return of Earnings and is intended to help the Compensation Fund maintain accurate and up-to-date employer records.

THE FORM – WHAT IS REQUIRED TO BE COMPLETED?

The Form comprises 4 sections, namely: –

1. Section A, which must contain the employer’s information such as the type of employer, registration details, addresses and contact information;
2. Section B, which must stipulate the nature of the employer’s business;
3. Section C, which sets out the list of supporting documentation which must be submitted; and
4. Section D, which contains the employer’s declaration.

The employer must ensure that all 4 sections are fully and accurately completed.

WHO DOES THE NOTICE APPLY TO?

The Notice applies to all employers including, but not limited to, companies, trusts, non-profit organizations, partnerships, body corporates, public entities, sole proprietorships, employers of domestic workers and joint ventures.

Employers who use third parties or consultants must provide a signed consultant mandate as well as the contact details of both the employer and consultant.

CONSEQUENCES OF NON-COMPLIANCE

Should an employer fail to submit the Form, provide false information or deliver an incomplete form, this will result in delays and/or incorrect assessments. The employer will incur potential penalties and run the risk of legal action being taken against them.

CONCLUSION

The Notice applies to the 2024 Return of Earnings and will remain in effect until it is withdrawn. All employers must ensure that they complete and submit the form to the Compensation Fund to ensure compliance and to prevent incurring unnecessary penalties.

Please note: this article is for general public information and use. It is not to be considered or construed as legal advice. Each matter must be dealt with on a case-by-case basis and you should consult an attorney before taking any action contemplated herein.