| (a) |
suffered damage as a result of an act or omission in respect of which, in terms of section 103ter, no proceedings may be instituted or any proceedings have lapsed; or |
| (b) |
in connection with any civil proceedings which have lapsed as aforesaid, incurred any costs in respect of which the court may in terms of that section not make an order, |
may apply to the Minister in writing for compensation, setting out folly the grounds on which the application is based, the extent and nature of the damage or costs and the compensation desired.
(2)
| (a) |
The Minister, acting in consultation with the Minister of Finance, may grant any application made under subsection (1) and pay an amount by way of compensation to the person who made the application. |
| (b) |
If the application is not granted under paragraph (a) or is so granted but no amount is paid under that paragraph by way of compensation or is so granted and the applicant considers the compensation inadequate, the Minister shall refer the application to a board established under subsection (3). |
| (3) |
The Minister shall, as often as he may deem it expedient, establish a board, to be known as a compensation board, which shall consider any application referred to it under subsection (2) and make a recommendation to the Minister as to the granting or refusal of such application or any part thereof and the amount of the compensation to be paid in so far as it recommends that the application is to be granted. |
(4)
| (a) |
A compensation board shall consist of a chairman, who shall be a person who holds or held office as a judge of the Supreme Court of South Africa or as a magistrate, and such number of other members (if any), not exceeding four, as the Minister may determine. |
| (b) |
The members of a compensation board shall be appointed by the Minister. |
| (c) |
A member of a compensation board shall hold office under such conditions, including conditions relating to his period of office and remuneration, as the Minister may subject to the provisions of paragraph (d) determine at the time of his appointment. |
| (d) |
A member of a compensation board who is not in the full-time service of the State may be paid such remuneration or allowances as the Minister may determine in consultation with the Minister of Finance. |
(5)
| (a) |
A compensation board shall meet at such time and place and shall adhere to such procedure as the chairman may determine. |
| (b) |
Where a compensation board consists of more than two members, the majority shall constitute a quorum for any meeting and any decision of the majority present at any meeting shall be the decision of the compensation board. |
| (c) |
Where a compensation board consists of two or more members, the chairman shall in the event of an equality of votes on any matter have a casting vote in addition to his deliberative vote. |
(6)
| (a) |
A compensation board may furnish its recommendation in connection with any application after consideration of the documents submitted to it in terms of subsection (2), or, at its discretion, make such investigation in connection with that application in such manner as it may deem necessary in order to enable it to furnish a recommendation. |
| (b) |
For the purposes of such an investigation a compensation board may, in so far as it deems necessary— |
| (i) |
receive or hear written or oral statements, evidence or arguments; |
| (ii) |
through its chairman administer an oath or solemn affirmation to any person; |
| (iii) |
by notice in writing signed by or under the authority of its chairman, require any person to appear before the compensation board, at a time and place stated in the notice, to give evidence or to produce any book or other document or thing in his possession or custody or under his control and indicated in the notice. |
| (7) |
The Minister shall in writing notify a compensation board's recommendation in connection with an application for compensation to the person who made the application, and shall give effect to such recommendation. |
(8) Any amount payable by the Minister in terms of this section shall be paid out of the Consolidated Revenue Fund.
(9)
| (a) |
The Minister or a compensation board shall not be obliged to furnish any person with any information in connection with or any reasons for a decision or recommendation for the purposes of this section. |
| (b) |
No person shall be entitled to attend the proceedings of a compensation board or to appear or be represented before a compensation board, except with the leave or at the request of such compensation board or in compliance with a notice under subsection (6)(b)(iii). |
| (a) |
fails to comply with a notice under subsection (6)(b)(iii); or |
| (b) |
refuses to supply or produce to a compensation board, after having been required by such compensation board to do so, any information at his disposal or any book, other document or thing in his possession or custody or under his control; or |
| (c) |
makes a false statement, knowing it to be false, in any application for compensation under subsection (1) or to a compensation board in connection with any such application, |
shall be guilty of an offence and liable on conviction, in the case of an offence referred to in paragraph (a) or (b), to a fine not exceeding two hundred rand or imprisonment for a period not exceeding three months, and, in the case of an offence referred to in paragraph (c), to any punishment that may in law be imposed for perjury.
[Section 103quat inserted by section 8 of Act No. 1 of 1976]
Older Persons Act, 2006
