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
Franchisors Beware! The Competition Commission may come knocking soon
by Paul Coetser, Director and Head of Competition and Kwanele Diniso, Associate The franchising industry has long been a bone [...]
Mind the Conduct: A Guide to COFI – Part 6: COFI – What Really Changes?
by Hilah Laskov, Director Introduction In this article series, we take a deep dive into the South African Conduct of [...]
Remuneration governance under the amended Companies Act: A closer look at some of the key questions
by Kevin Trudgeon, Director and Helena Stoop, Senior Knowledge Lawyer 1. Introduction On 22 May 2026, a proclamation by President [...]
Does the Public Procurement Act provide for an effective dispute resolution mechanism?
by Sarah Moerane, Director and Koketso Rapoo, Senior Associate The National Treasury published the draft General Public Procurement Regulations and [...]
The shift in the evaluation criteria in South African public procurement
By Sarah Moerane, Director and Amogelang Magano, Senior Associate South Africa is in the midst of what could prove to [...]
Mind the Conduct: A Guide to COFI – Part 5: Governance and Accountability
by Hilah Laskov, Director Introduction In this article series, we take a deep dive into the South African Conduct of [...]
