[Section 91(1) substituted by section 33(a) of Act No. 61 of 1997]
| (a) |
An objection lodged in terms of this section shall be considered and decided by the presiding officer assisted by two assessors designated by him, of whom one shall be an assessor representing employees and one an assessor representing employers. |
| (b) |
If the presiding officer considers it expedient, he may, notwithstanding paragraph (a), call in the assistance of a medical assessor. |
| (c) |
The provisions of sections 6, 7, 45 and 46 shall apply mutatis mutandis in respect of the consideration of an objection. |
[Section 91(2) substituted by section 33(b) of Act No. 61 of 1997]
| (a) |
After considering an objection the presiding officer shall, provided that at least one of the assessors, excluding any medical assessor, agrees with him, confirm the decision in respect of which the objection was lodged or give such other decision as he may deem equitable. |
| (b) |
If neither of the assessors agrees with the view of the presiding officer, the presiding officer shall submit the dispute in terms of section 92 to the Supreme Court for decision. |
[Section 91(3) substituted by section 33(b) of Act No. 61 of 1997]
| (4) |
The presiding officer may in connection with proceedings in terms of this section make such order as to costs and the payment thereof as he may deem equitable. |
[Section 91(4) substituted by section 33(b) of Act No. 61 of 1997]
| (a) |
Any person affected by a decision referred to in subsection (3)(a), may appeal to any provincial or local division of the Supreme Court having jurisdiction against a decision regarding— |
| (i) |
the interpretation of this Act or any other law; |
| (iii) |
the question whether the amount of any compensation awarded is so excessive or so inadequate that the award thereof could not reasonably have been made; |
| (iv) |
the right to increased compensation in terms of section 56. |
| (b) |
Subject to the provisions of this subsection, such an appeal shall be noted and prosecuted as if it were an appeal against a judgment of a magistrate's court in a civil case, and all rules applicable to such an appeal shall mutatis mutandis apply to an appeal in terms of this subsection. |
| (6) |
Except where the presiding officer orders otherwise, no obligation to pay any assessment, compensation or any other amount to the Director General or to the compensation fund, or to pay any periodical payments to or on behalf of an employee under a decision of the presiding officer, shall be suspended or deferred by reason of the fact that an objection has been lodged against such decision in terms of subsection (1), or that an appeal has been noted in terms of subsection (5). |
[Section 91(6) substituted by section 33(d) of Act No. 61 of 1997]
| (a) |
If during the hearing of an objection the presiding officer dies or becomes unable to act as presiding officer— |
| (i) |
the hearing may, with the consent of the person, trade union or employers’ organisation contemplated in subsection (1), proceed before another presiding officer and the assessors concerned; or |
| (ii) |
the hearing shall start de novo if the consent contemplated in subparagraph (i) is not given. |
| (b) |
If during the hearing of an objection the assessor dies or becomes unable to act as assessor— |
| (i) |
the hearing may, with the consent of the person, trade union or employers’ organisation contemplated in subsection (1), proceed before the presiding officer concerned and the remaining assessor or assessors; or |
| (ii) |
the hearing shall start de novo if the consent contemplated in subparagraph (i) is not given. |
[Section 91(7) inserted by section 33(e) of Act No. 61 of 1997]
Copyright Act, 1978
