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Disaster Management Act, 2002 (Act No. 57 of 2002)

Regulations

Regulations issued in terms of Section 27(2) of the Disaster Management Act, 2002 (COVID-19)

Chapter 8 : COVID-19 Vaccine Injury No-Fault Compensation Scheme

89. Establishment of COVID-19 Vaccine Injury No-Fault Compensation Scheme

 

(1) A COVID-19 Vaccine Injury No -Fault Compensation Scheme is hereby established in terms of section 27(2)(c), (m) and (n) of the Act.

 

(2) The Scheme is an essential part of the COVI0-19 vaccination roll-out, which is a critical component of the national plan and response to alleviate, contain and minimise the effects of the disaster,and ultimately to end the national state of disaster.

 

(3) The purpose of the Scheme is to provide expeditious and easy access to compensation, for persons who suffer from a COVI0-19 Vaccine Injury caused by the administration of an approved COVI0-19 vaccine, which was administered at an authorised facility within the Republic, as specified in directions issued by the Cabinet member responsible for Health in terms of regulation 93(3), without having to establish fault.

 

(4) In order to ensure the effective and efficient administration of the Scheme in a manner that ensures fairness in the assessment and administration of claims, and respects the constitutional rights of claimants, the Cabinet member responsible for Health must issue directions in consultation with the Cabinet member responsible for Finance in respect of—
(a) the requirements relating to the administration of the Scheme;
(b) the policy in respect of the administration of the Scheme;
(c) the reporting of a COVID-19 Vaccine Injury;
(d) the claims system;
(e) the eligibility requirements of the Scheme;
(f) the size of the Adjudication Panel, and the Appeal Panel;
(g) the qualifications for appointment of members of the Adjudication Panel, and members of the Appeal Panel; and
(h) any other matter relevant to the effective,efficient and fair administration of the Scheme.