Workmen Compensation Office responsible for serious infringements upon human rights

Solidarity announces steps to be taken

The trade union Solidarity considers a number of steps, including approaching the Human Rights Commission. The Workmen Compensation Fund’s failure to render proper service to workers suffering from occupational injuries or illnesses undermines their fundamental constitutional rights, such as access to social security and dignity.

Solidarity will also request the Public Protector to accelerate her investigation on the Workmens Compensation Office and to send a recommendation to the Human Rights Commission. This follows after yesterday’s announcement by the South African Medical Association (SAMA), who represents thousands of doctors, that patients with occupational illnesses and injuries will not be treated if they do not pay beforehand, unless the loss of lives or limbs becomes a threat. SAMA’s decision is based on the Compensation Fund’s failure to pay the medical bills of patients suffering from occupational injuries of illnesses, valued at millions of Rands.

“Our biggest concern is that employees, who have to deal with the trauma of serious occupational illnesses and injuries on a daily basis, will now be left even more vulnerable. These people have often already lost their ability to generate an income”, Advocate Paul Mardon, Head of Solidarity’s division for Occupational Health and Safety and Injuries on Duty said.

“The purpose of the Compensation Office is to support these people so that they will be able to enter the labour market again, or to support people who will never be able to work again. Due to the total collapse in the service delivery, the support cannot be offered and consequently the situations of these people deteriorate further on a daily basis. They do not receive their compensation from the Compensation Commissioner, fall into account arrears and are now not even able afford the medical treatment they need to land on their feet again. The result is that many of them simply falls deeper and deeper into a rut of debt”, Mardon explained.

In the meantime, the former Compensation Commissioner, Shadrack Mkhonto, has been “promoted” to Executive Officer at the Department of Labour, while Vuyo Mafata, financial head of the Unemployment Insurance Fund, is now acting Compensation Commissioner.

“Mafata was supposed to submit a turnaround strategy for the Compensation Office’s function within a month of his appointment and a permanent appointment must be finalised already by the end of August. However, there is no plan yet and the position of Compensation Commissioner has not, according to our information, even been advertised officially. We are still willing to provide input and will submit the proposals to Mafata, we have already submitted repeatedly to Mkhonto”, Mardon said.

Statement issued by Adv. Hanlie van Vuuren, Litigant: Occupational Health and Safety, Solidarity and Paul Mardon, Head: Occupational Health and Safety, Solidarity, July 17 2015