Abstract

This contribution briefly outlines the history and background of workers’ compensation in South Africa, with a focus on its legal purpose and function. In doing so, the genesis of the Compensation for Occupational Injuries and Diseases Act (COIDA) during apartheid and its development into the constitutional era is considered. This includes an analysis of the latest Compensation for Occupational Injuries and Diseases Amendment Act (COIDAA) and a critique of the likely success, partial success and/or failure of the amendments to rectify some of the problems stemming from the legislation. It focuses on the elements of rehabilitation, rationalisation, restrictions, privatisation, constitutionalism, parity, decriminalisation, governance, and compliance as contained in the amendments.