Why did my Workmen's Compensation pension suddenly stop in 2024? How can I get the money?

The long answer

The Compensation Fund, which is responsible for paying pensions like yours, under the COIDA Act, is under the authority of the Department of Employment and Labour. The Workman’s Compensation Commissioner, who is under the authority of the Minister of Labour, must see that pensions are paid. 

I don’t know if you knew about the following, which may or may not have anything to do with the failure of the Compensation Fund to pay your pension, but it is worth knowing about in any case: 

An article by the Global Payroll Association (GPA) on 4 October 2023 quoted The Citizen as stating that the Acting Commissioner, Farzana Fakir, issued a notice instructing those who received monthly pensions to provide proof of life documentation on 31 October 2023 and on 31 March 2024. If they failed to provide this documentation by the deadlines, they would be presumed dead and taken off the fund’s payroll. 

The following information was required, according to the GPA article:

• A completed Wac.22 form;

• Certified copies (within three months) of the valid identification documents (applicable to the pensioner, spouses and guardian);

• Certified copies (within three months) of birth certificates (for child dependents) in the approved format (only child dependents receiving pension).

The GPA article said that those documents should be submitted to the fund by email to #PensionersLifeConfirmation@Labour.gov.za with the subject line “Confirmation of life” and a claim number and/or business partner number.

But in any case, it is completely unacceptable for the Compensation Fund to have stopped the monthly payments and keep promising to make payment but failing to do so.

You should make a sworn affidavit about not receiving your workmen’s compensation pension, and detail the dates of your visits in person to the head office (with names of those you spoke to if possible). You should also detail your calls to the call centre and to whom you sent your various emails, with the dates. You should detail your circumstances, having a minor child and your husband having been fatally shot at work, and that you needs to have your pension restored immediately. You should make a certified copy of the affidavit and send it to the Commissioner. If there is no satisfactory response, you should send it on, with a further letter detailing the lack of response, to the Minister of Labour and the Director/General. 

As far as I could establish, the Compensation Commissioner is Vuyo Mafata, who was appointed Commissioner in 2016. 

The Compensation Commissioner's postal address is PO Box 955, Pretoria, 0001, and the physical address is Compensation House, 167 Thabo Sehume Street, Delta Heights Building, Pretoria.

The current Minister of Labour is Nomakhosazana Meth. The address is Private bag X499, Pretoria, 0001, and the street address is 215 Laboria House, cnr Francis Baard and Paul Kruger Streets, Pretoria.

If you need help drawing up the affidavit, you could ask the Black Sash, which gives free paralegal advice. These are their contact details:

• Helpline: 072 66 33 73, 072 633 3739 or 063 610 1865

• Email: help@blacksash.org.za

You could also ask Legal Aid for advice. It is a means-tested organisation that must assist people who can’t afford a lawyer. These are their contact details:

• Tel: 0800 110 110 (Monday to Friday 7am to 7pm) 

• Please Call Me: 079 835 7179

• Email: communications2@legal-aid.co.za

Wishing you the best,
Athalie