Workmen’s Compensation Act, 1983
Act 7 of 1983
- There are multiple commencements
- [This is the version of this document at 1 December 1998.]
|Part I (section 1–4); Part II, section 5–11, section 13–24, section 26–28; Part III, section 29–33, section 35; Part IV, section 36–41, section 43; Part V, section 45–51||commenced on 20 September 1983.|
|Part II, section 12, section 25; Part III, section 34; Part IV, section 42; Part V, section 44||commenced on 11 November 1983.|
Part I – Preliminary
1. Short title, commencement and application
2. Meaning of “workman”
4. Definition of employment accidentFor the purposes of this Act, employment accident means an occurrence which causes personal injury to a workman by accident arising out of and in the course of his employment and shall be deemed to include personal injury by accident happening—
Part II – Compensation for injury
5. Employer’s liability for compensation for death or injury resulting from employment accident
6. Compensation in case of deathIf death results from the injury—
7. Compensation in case of permanent disablement
8. Compensation in case of temporary partial disablement
9. Compensation in case of temporary incapacity
10. Method of calculating earnings
11. Persons entitled to compensation
12. Distribution of compensation
13. Agreement as to compensation payable to workman
14. Assessment of claims in event of disagreement
15. Payment pending settlement of a claimNothing in section 12 of this Act shall prevent an employer from making any payment to a workman or to a dependant pending the settlement of a claim and the Labour Commissioner or the Court, as the case may be, may order that the whole or any part of such payment shall be deducted from the amount of compensation payable under the Act.
16. Review of periodical payments
17. Limitation of power of employer to end or decrease periodical paymentsExcept as provided in section 9, section 16(4) and section 29(4), an employer shall not be entitled, otherwise than in pursuance of an agreement made under section 13 or an order of the Court, to end or decrease periodical payments except where a workman is certified by a medical practitioner as fit to resume work, or becomes entitled to compensation for temporary or permanent disablement, or dies.
18. Requirements as to notice of accident and claim for compensation
19. Duty of employer to report accident
20. Jurisdiction of Court and right of appeal
21. Representation of partiesSubject to any rules made under section 48, any party to any matter brought before the Court under this Act may be represented before the Court by a legal practitioner or any other person authorised by such party.
22. Liability in case of workmen employed by contractors
23. Remedies against both employer and strangerIf the injury in respect of which compensation is payable under this Act was caused under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof—
24. Proceedings independently of Act
25. Obligation of employer to insure
26. Insolvency of employer
27. Prohibition against contracting outAny contract or agreement whether made before or after the commencement of this Act, whereby a workman relinquishes any right to compensation from an employer for injury arising out of an employment accident shall be null and void in so far as it purports to remove or reduce the liability of any person to pay compensation under this Act.
28. Compensation not to be assigned, charged or attachedCompensation payable under this Act shall not be capable of being assigned, charged or attached, and shall not pass to any other person by operation of law nor shall any claim be set off against such compensation.
Part III – Medical aid and establishment of Medical Board
29. Medical examination and treatment
30. Medical expenses
31. Workmen’s Compensation Medical Board
32. Functions of Board
33. Power of Court and Labour CommissionerThe Court or the Labour Commissioner may, when determining any dispute or other matter in respect of compensation, or upon the application of any interested person, order the payment of any of the medical expenses referred to in section 30 to the persons entitled to receive such payment, and if such expenses exceed the amount provided for in section 30 the Court or the Labour Commissioner as the case may be, may apportion such amount in a manner deemed just.
34. Prescription of fees for medical aidThe fees which may be charged by a medical or dental practitioner or a medical or dental establishment in Swaziland for medical aid provided to a workman under this Act shall not exceed those set out in a scale prescribed under this Act.
35. Employer not to require contribution from workmanAn employer shall not require a workman to make any contribution towards the cost of any medical aid for which the employer is liable to defray the cost under this Act and no employer shall accept any such contribution.
Part IV – Occupational diseases
36. Compensation for occupational diseases
37. Date of development of diseaseThe date of development of the disease shall be deemed to be the date of the accident and shall be—
38. Employer liable to pay compensation
39. Calculation of compensationThe amount of compensation shall be calculated on the basis of the earnings of the workman when he was last employed in the occupation to the nature of which the disease was due by the employer liable to pay the compensation.
40. Presumption as to cause of diseaseIf a workman contracts an occupational disease set out in the first column of the First Schedule that disease shall, unless the contrary is proved, be presumed to be due to the nature of his employment if that employment was in the occupation set out against that disease in the second column of the said Schedule and he was so employed at any time within one month of the date of development of the disease.
41. Power of Minister to amend First Schedule
43. Diseases resulting from an employment accidentNothing in this Part shall affect the right of a workman to recover compensation under this Act in respect of a disease if the disease results from an employment accident and it is not, in relation to him, an occupational disease by virtue of his occupation.
Part V – General
44. RegulationsThe Minister may make regulations generally to give effect to the purposes of this Act and in particular such regulations may—
45. Power of Minister to review maximum and minimum amounts
47. Criminal liability of officers of body corporate
48. Rules of CourtThe Chief Justice, in consultation with the Attorney-General, shall, by notice in the Gazette, make rules to govern the practice and procedure of the Court on matters referred to it under this Act.
49. Payment of compensation to non-resident workman or dependants
50. Power of Labour Commissioner to institute proceedingsWithout prejudice to the power of any other person, the Labour Commissioner may institute proceedings against any person for any contravention of, or offence against, this Act and may appear in and conduct such proceedings.
51. RepealThe Workmen’s Compensation Act, 1963, is hereby repealed.
History of this document
01 December 1998 this version
11 November 1983
20 September 1983
Cited documents 0
Documents citing this one 19
- Swaziland Government Gazette dated 1998-12-15 number 428
- Swaziland Government Gazette dated 1999-06-11 number 480
- Swaziland Government Gazette dated 2001-09-14 number 750
- Swaziland Government Gazette dated 2004-01-08 number 2
- Swaziland Government Gazette dated 2004-04-16 number 40
- Swaziland Government Gazette dated 2004-06-07 number 58
- Swaziland Government Gazette dated 2006-10-03 number 118
- Swaziland Government Gazette dated 2007-10-19 number 111
- Swaziland Government Gazette dated 2007-10-31 number 115
- Swaziland Government Gazette dated 2014-07-23 number 78
- Swaziland Government Gazette supplement dated 2011-09-02 number 94
- Swaziland Government Gazette supplement dated 2012-03-23 number 27
- Swaziland Government Gazette supplement dated 2013-07-19 number 85
- Commissioner Of Labour No And Others v Swaziland Development Finance Corporation (44 of 2008)  SZSC 12 (21 May 2009)
- Khumalo v Iron Engineering (Pty) Ltd And Another  SZIC 1 (2 January 1988)
- Kunene v Swaziland Railway (398 of 2004)  SZIC 7 (2 April 2012)
- Mohale v Board Of Trustees, Raleigh Fitkin Memorial Hospital (646 of 2006)  SZIC 70 (6 March 2007)
- Shongwe Vs Commissioner Of Labour And Others (153 of 2021)  SZIC 91 (30 November 2021)
- Shongwe v Fidelity Springbok Security Services (Pty) Ltd (46 of 2007)  SZIC 77 (4 May 2007)