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Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)

Chapter X : Legal procedures

92. Director-General may state case for Supreme Court

 

(1) If any question of law arises in the performance of the functions of the Director-General, the Director-General may of his or her own motion or at the request of a party with a sufficient interest in any matter or proceedings before the Director-General, state a case for decision by a High Court having jurisdiction.

[Section 92(1) substituted by section 34 of Act No. 61 of 1997]

 

(2) The Director-General shall set out in the stated case—
(a) the facts that he found proved; and
(b) the view of the law which he has adopted in relation to those facts.

 

(3) If the Director-General has any doubt as to the correctness of a decision given by any provincial or local division of the Supreme Court regarding a question of law in connection with the application of this Act, he may submit such decision to the Appellate Division of the Supreme Court and cause the question of law to be argued so that the Appellate Division may decide such question of law for the future guidance of all courts.