Legal updates and opinions
News / News
Directive on compensation for workplace-acquired COVID-19
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney
On 23 July 2020 the Minister of Employment and Labour, Thembelani Waltermade Nxesi, published a directive on compensation for workplace-acquired Covid-19 (“Directive“). The Directive is published in terms of the regulations issued by the Minister of Cooperative Governance and Traditional Affairs in terms of the National Disaster Management Act 57 of 2002. The Directive replaces the Notice issued on 23 March 2020 (“Notice“) in terms of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (“COIDA“).
While the Directive largely reiterates the provisions of the Notice it does make some notable changes. The notable changes include the following:
- The Directive refers to “employees” rather than “workers” which was referred to in the Notice. The term “employees” limits the scope of application of the Directive (i.e. the term ‘workers’ has been used elsewhere to refer to more than just employees). This is also in line with COIDA, as COIDA is only applicable to employees.
- Healthcare employees conducting cardio-respiratory function testing are now categorised as employees in a very high exposure risk occupation.
- In determining the risk of exposure in occupations, the Directive identifies close contact as being within 1.5 metres of either, people who may be infected with Severe Acute Respiratory Syndrome Corona Virus 2 (“SARS-Cov-2“) (medium risk exposure occupation) or the general public (low risk exposure occupation). This is opposed to the 2 metres previously referred to in the Notice.
- The Directive clarifies that the Compensation Fund does not provide compensation for unconfirmed cases which are still being investigated.
- For employees who are self-isolating or in self-quarantine, employers must comply with the obligations in the Covid-19 Temporary Employee / Employer Relief Scheme (“TERS“) directive or the Consolidated Covid-19 Directive on Health and Safety in the Workplace.
The Directive may be accessed at: https://www.gov.za/sites/default/files/gcis_document/202007/43540gen387.pdf
Latest News
Your SPV is an accountable institution … now what?
by Janice Geel - Associate, reviewed by Natalie Scott - Director and Head of Sustainability Special purpose vehicles ("SPVs") have [...]
Morocco’s belated AFCON Triumph: a legal analysis of Articles 82, 83 and 84
by Brendan Olivier, Director and Daniel Gewer, Associate Introduction The dust had barely settled on the chaotic scenes witnessed during [...]
The End of an Era? Key Considerations arising from the South African Reserve Banks’ Consultation Paper on the Cessation of the Prime Lending Rate
by Janice Geel, Associate, reviewed by Natalie Scott, Director and Head of Sustainability In February 2026, the South African Reserve [...]
Disruptors Beware – The Court’s Firm Stance on Abusive Business Rescue and Setting Aside Applications
by Jonathan Stockwell - Director, Karabo Kekana - Associate, Sunusha Moodley - Candidate Attorney Introduction Liquidation proceedings place companies in [...]
Labour Law Amendment and Labour Relations Amendment Bills – call for comments
by Andre van Heerden - Director On 26 February 2026, the Minister of Employment and Labour, Nomakhosazana Meth MP, published [...]
Budget Speech 2026 / 2027: Tax Overview
By: The Werksmans Tax Team Download PDF KEY TAX CHANGES INTRODUCTION On 25 February 2026, Finance Minister Enoch Godongwana delivered [...]
