(b)
in the case of a person who was employed under a contract of
apprenticeship or learnership, had he been a journeyman or operator who had
completed his apprenticeship or learnership at the date of his injury or death;
whichever calculation is more favourable to the person or any dependant to whom
compensation is payable, as the case may be:
Provided that the amount so calculated shall not exceed the income which the person
would, in the opinion of the Commissioner, probably have been receiving at the age
of twenty-five years.
(3) In assessing, in terms of subsection (1), the earnings of a person who at the time
of his death or injury was performing unpaid combatant duties, the Commissioner
shall, for the purpose of calculating that person’s potential earnings, have regard to
the level of seniority and rank of that person in his military or guerilla service at the
time of his death or injury.
29
Appeals
(1) Any person who is aggrieved by a finding or decision of the Commissioner may,
subject to this Act, appeal against such finding or decision to the Minister, whose
decision shall be final:
Provided that the Minister may at any time reconsider such decision.
(2) The Minister shall not be obliged to furnish any person with his reasons for
reaching a decision on any appeal.
30
Compensation to be inalienable
Subject to the Maintenance Act [Chapter 5:09] and Part VI of the Children’s
Protection and Adoption Act [Chapter 5:09], no compensation or right to
compensation shall—
(a)
be capable of being assigned or ceded or otherwise transferred or of
being pledged or hypothecated;
(b)
be liable to be attached or subjected to any form of execution under a
judgment or order of a court:
Provided that the Commissioner may, upon representations being made to him by or
on behalf of the person to whom compensation is payable or who is entitled to
compensation, order that this section shall not apply to the compensation or right to
compensation concerned.
31
Insolvency of pensioner
If a person in receipt of any compensation is declared to be insolvent, the
compensation shall not form part of the assets in his insolvent estate.
32
Proof of certain particulars
No payment of a pension or other benefit in terms of this Act—
(a)
to a widow or widows, shall be made until proof of the marriage to,
and the date of death of, the spouse has been furnished;
(b)
in respect of a child, shall be paid until proof has been furnished of the
eligibility of that child for the pension or other benefits;
and such proof shall be to the satisfaction of the Commissioner.
33
Compensation and other moneys to be paid from Consolidated Revenue Fund
Any compensation, remuneration, allowances or other moneys payable in terms of
this Act shall be paid from the Consolidated Revenue Fund which is hereby
appropriated for the purpose.
34
Offences and penalties
(1) Any person who, in any claim for compensation or other application in terms of
this Act, makes a false statement, whether orally or in writing, knowing such
statement to be false or not knowing or believing it to be true, shall be guilty of an
offence and liable to a fine not exceeding level six or to imprisonment for a period not
exceeding one year or to both such fine and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002]
(2) Any person who, having been subpoenaed to give evidence before the
Commissioner or to produce any document to the Commissioner—
Select target paragraph3
Add to table of contents