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UNEMPLOYMENT INSURANCE ACT
NO. 30 OF 1966

[ASSENTED TO 27 SEPTEMBER, 1966]
[DATE OF COMMENCEMENT: 1 JANUARY, 1967]

(Afrikaans text signed by the State President)

as amended by

Unemployment Insurance Amendment Act, No. 27 of 1967
Unemployment Insurance Amendment Act, No. 87 of 1968
Unemployment Insurance Amendment Act, No. 61 of 1971
Insolvency Amendment Act, No. 6 of 1972
[with effect from 8 March, 1972]
Unemployment Insurance Amendment Act, No. 12 of 1974
Unemployment Insurance Amendment Act, No. 51 of 1975
Second Unemployment Insurance Amendment Act, No. 108 of 1976
Unemployment Insurance Amendment Act, No. 29 of 1977
Second Unemployment Insurance Amendment Act, No. 118 of 1977
Unemployment Insurance Amendment Act, No. 6 of 1978
Unemployment Insurance Amendment Act, No. 9 of 1979
Second Unemployment Insurance Amendment Act, No. 97 of 1979
Unemployment Insurance Amendment Act, No. 1 of 1981
Second Unemployment Insurance Amendment Act, No. 113 of 1981
Unemployment Insurance Amendment Act, No. 1 of 1982
Second Unemployment Insurance Amendment Act, No. 89 of 1982
Unemployment Insurance Amendment Act, No. 27 of 1986
Second Unemployment Insurance Amendment Act, No. 30 of 1986
Transfer of Powers and Duties of the State President Act, No. 97 of 1986
[with effect from 3 October, 1986]
Unemployment Insurance Amendment Act, No. 36 of 1987
Unemployment Insurance Second Amendment Act, No. 102 of 1987
Unemployment Insurance Amendment Act, No. 29 of 1988
Legal Succession to the South African Transport Services Act, No. 9 of 1989
[with effect from 6 October, 1989]
Population Registration Act Repeal Act, No. 114 of 1991
[with effect from 28 June, 1991]
Unemployment Insurance Amendment Act, No. 130 of 1992
General Law Third Amendment Act, No. 129 of 1993
[with effect from 1 December, 1993]
Transfer of Walvis Bay to Namibia Act, No. 203 of 1993
[with effect from 1 March, 1994]

ACT

To consolidate the laws relating to the Unemployment Insurance Fund, the payment of benefits to certain persons, the payment of certain amounts to dependants of certain deceased persons, the combating of unemployment and matters incidental thereto.

ARRANGEMENT OF SECTIONS

CHAPTER I
INTERPRETATION OF TERMS

  1. Definitions
  2. Definition of "contributor"
  3. Definition of "earnings"
  4. Definition of "employer"
  5. Seasonal employment

CHAPTER II
UNEMPLOYMENT INSURANCE FUND

  1. Continued existence of unemployment insurance fund
  2. Application of fund
  3. Investment of moneys of fund
  4. Advances to the fund from public moneys
    9A. Raising of loans from financial institutions
  5. Expenditure of the fund
  6. Accounts and audit of the fund

CHAPTER III
UNEMPLOYMENT INSURANCE BOARD AND UNEMPLOYMENT BENEFIT COMMITTEES

  1. Continued existence and constitution of unemployment insurance board
  2. Functions of the board
  3. Meetings of the board
  4. Rules of the board
  5. Establishment of unemployment benefit committees
  6. Functions of committees
  7. Meetings of a committee
  8. Rules of committees
  9. Reports of committees
  10. Appeal to board against decisions of committee
  11. Board may state case for Supreme Court
  12. Appeal to Appellate Division
  13. Indemnification of members of board or a committee
  14. Allowances to members of board or a committee

CHAPTER IV
CLAIMS OFFICERS

  1. Claims officers
  2. Appeal to committee against decisions of claims officers

CHAPTER V
REGISTRATION AND DUTIES OF, AND PAYMENT OF CONTRIBUTIONS BY, EMPLOYERS

  1. Employers to notify Director-General
  2. Contributions by employers and contributors and from public funds
  3. Statements to be furnished by employers
  4. Failure to pay contributions or other moneys
  5. Employers to keep records
  6. Contributors' record cards

CHAPTER VI
PAYMENT OF BENEFITS AND ALLOWANCES

  1. 34. Payment of benefits to contributors
  2. 35. Conditions relating to unemployment benefits
  3. 36. Conditions relating to illness benefits
  4. 37. Conditions relating to maternity benefits
    37A. Conditions relating to adoption benefits
  5. 38. Payments to dependants of deceased contributors
  6. . . . . . . .
  7. . . . . . . .
  8. . . . . . . .
  9. . . . . . . .
  10. Benefits paid in error
  11. Benefits may not be assigned, charged, attached or set off

CHAPTER VII
ALTERATION OF RATES OF BENEFITS AND CONTRIBUTIONS

  1. Alteration of rates of benefits and contributions in certain circumstances

CHAPTER VIII
PROVISIONS TO COMBAT UNEMPLOYMENT

  1. Schemes to combat unemployment
  2. Suspension of certain provisions of Act
  3. Special weekly allowances
  4. . . . . . .

CHAPTER IX
ADMINISTRATION AND APPLICATION OF ACT

  1. Method of calculating earnings, contributions, benefits and other amounts
  2. Powers, functions and duties of Director-General
  3. Director-General may acquire and alienate property
  4. Annual report
  5. Appointment of inspectors
  6. Powers of inspectors
  7. Appointment of agents
  8. Exemption from tax
  9. Certain documents exempt from stamp duty
  10. Recovery of losses and damages
  11. Evidence
  12. Penalties

CHAPTER X
REGULATIONS

  1. Regulations
  2. . . . . . .

CHAPTER XI
GENERAL

  1. Savings
    64A. Preservation of certain rights after Transkei becomes independent
    64B. Preservation of certain rights after Bophuthatswana becomes independent
    64C. Payment of amount to Bophuthatswana for purposes of establishment of unemployment insurance fund
    64D. Preservation of certain rights after Venda becomes independent
    64E. Preservation of certain rights after Ciskei becomes independent
    64F. Payment of amount from fund to government of foreign state
    64G. Preservation of certain rights after KwaNdebele becomes independent
    64H. Payment to KwaNdebele to establish unemployment insurance fund
  2. Repeal of laws
  3. Short title and commencement

Schedule 1

Schedule 2 Laws repealed

[S. 63 repealed by s. 31 of Act No. 9 of 1979.]

CHAPTER I
INTERPRETATION OF TERMS

1. Definitions.--In this Act, unless the context otherwise indicates--

"actuary" means a Fellow of an institute or a faculty, society or chapter of actuaries approved by the Minister;

[Definition of "actuary" substituted by s. 1 (a) of Act No. 9 of 1979.]

"agent" means an agent appointed under section 56 (1);

"agriculture" means any employment on a farm connected with farming, including horticulture and forestry, irrespective of whether such employment necessitates the employee temporarily leaving the farm in the course of his employment;

"Bantu" . . . . . .

[Definition of "Bantu" deleted by s. 1 (b) of Act No. 9 of 1979.]

"benefits" means the benefits referred to in section 34, 35, 36 or 37, and includes, for the purposes of sections 7 (a), 43, 44 and 61 (1) (a), the allowances referred to in section 48;

[Definition of "benefits" substituted by s. 1 (c) of Act No. 9 of 1979.]

"Black" . . . . . .

[Definition of "Black" inserted by s. 1 (d) of Act No. 9 of 1979 and deleted by s. 1 of Act No. 1 of 1981.]

"board" means the unemployment insurance board referred to in section 12;

"business" means any industry, undertaking, trade or occupation, or any activity in which any contributor is employed;

"calendar month" means a period extending from the first to the last day, both days inclusive, of any one of the 12 months of a year;

[Definition of "calendar month" inserted by s. 1 (a) of Act No. 130 of 1992.]

"calendar week" means a period calculated from midnight between Sunday and Monday to midnight between the next succeeding Sunday and Monday;

"claims officer" means the person appointed as such under section 26;

"Commission" . . . . . .

[Definition of "Commission" deleted by s. 1 (1) (a) of Act No. 1 of 1982.]

"committee" means an unemployment benefit committee established under section 16;

"contribution" means the amount payable by an employer, or a contributor, or from public funds, in terms of section 29 and "contribute" has a corresponding meaning;

"contributor" means a contributor as defined by section 2 whether employed by an employer or previously so employed as may appear from the context;

"Director-General" means the Director-General: Manpower and, in relation to the exercise, performance or carrying out of any power, function or duty delegated by the Director-General to an officer or employee in his department in terms of section 51, includes that officer or employee;

[Definition of "Director-General" inserted by s. 1 (1) (b) of Act No. 1 of 1982.]

"earnings" means earnings as defined in section 3;

"employer" means an employer as defined by section 4;

"financial year" means the period between the first day of January and the thirtyfirst day of December in any year, both dates included;

"fund" means the unemployment insurance fund referred to in section 6;

"group" . . . . . .

[Definition of "group" deleted by s. 1 of Act No. 29 of 1977.]

"inspector" means an inspector appointed under section 54;

"labour broker" means any person who conducts or carries on a labour broker's office;

[Definition of "labour broker" inserted by s. 1 of Act No. 27 of 1986.]

"labour broker's office" means any business whereby a labour broker for reward provides a client with persons to render service to or perform work for the client or procures such persons for him, for which service or work such persons are remunerated by the labour broker;

[Definition of "labour broker's office" inserted by s. 1 of Act No. 27 of 1986.]

"Minister" means the Minister of Manpower;

[Definition of "Minister" substituted by s. 1 (1) (c) of Act No. 1 of 1982.]

"month" means a period extending from a day in one month to a day preceding the day corresponding numerically to that day in the following month, both days inclusive;

[Definition of "month" inserted by s. 1 (b) of Act No. 130 of 1992.]

"officer" means an officer as defined in section 1 of the Public Service Act, 1984 (Act No. 111 of 1984);

[Definition of "officer" substituted by s. 1 (e) of Act No. 9 of 1979 and by s. 1 (c) of Act No. 130 of 1992.]

"prescribed" means prescribed by regulation;

"public service" means the public service as contemplated in section 7 of the Public Service Act, 1984 (Act No. 111 of 1984);

[Definition of "public service" substituted by s. 1 (d) of Act No. 130 of 1992.]

"regulation" means a regulation made or deemed to have been made under this Act;

"rural area" . . . . . .

[Definition of "rural area" deleted by s. 1 ( f ) of Act No. 9 of 1979.]

"seasonal business" means any business declared to be a seasonal business in terms of section 5 (1);

"seasonal worker" means any person who--

  1. subject to the provisions of section 5 (2) (a) and (4), is employed continuously for a period of less than four months by the same employer in agriculture; or
  2. subject to the provisions of section 5 (2) (b) and (3), receives earnings in a seasonal business and is not a member of the administrative, clerical, technical, office, sales or maintenance staff in that business;

[Definition of "seasonal worker" substituted by s. 1 (e) of Act No. 130 of 1992.]

"Secretary" . . . . . .

[Definition of "Secretary" deleted by s. 1 (1) (d) of Act No. 1 of 1982.]

"this Act" includes any regulation;

"trade dispute" means any dispute between employers and persons employed by them or between employees and employees, which is connected with the employment or nonemployment or the conditions of employment of any person whether employed by the employer with whom the dispute arises or not;

"Treasury" means the Minister of Finance or any officer in the Department of Finance authorized by the said Minister to perform the functions assigned to the Treasury by this Act;

"Walvis Bay" means the territory as defined in section 1 (vi) of the Transfer of Walvis Bay to Namibia Act, 1993 (Act No. 203 of 1993);

[Definition of "Walvis Bay" inserted by Proclamation No. 99 of 1994.]

"week" means any period of seven consecutive days.

2. Definition of "contributor".--(1) Subject to the provisions of subsections (2), (3), (4) and (5) and unless the context otherwise indicates, "contributor" in this Act means any person who has entered into or works under a contract of service or of apprenticeship or learnership, with an employer, whether the contract is expressed or implied, is oral or in writing, and whether his earnings are calculated by time or by work done, and includes any such person while temporarily performing work for his employer at a place outside the Republic or in an area which has been specified in terms of subsection (5), but does not include such person in respect of any week during which, owing to absence from work, he is entitled to less than one day's earnings.

(2) The following persons shall not for the purposes of this Act be regarded as contributors:

(a) Persons who enter the Republic for the purpose of carrying out a contract of service, apprenticeship or learnership within the Republic if upon the termination thereof the employer is required by law or by the contract of service, apprenticeship or learnership, as the case may be, or by any other agreement or undertaking, to repatriate that person, or that person is so required to leave the Republic; or

[Para. (a) substituted by s. 2 (a) of Act No. 9 of 1979.]

(b) . . . . . .

[Para. (b) deleted by s. 2 of Act No. 1 of 1981.]

(c) . . . . . .

[Para. (c) deleted by s. 2 (b) of Act No. 9 of 1979.]

(d) persons whose rate of earnings calculated in the manner set out in section 50 exceeds forty thousand two hundred and forty-eight rand a year, which rate of earnings may, after consultation with the board by the Minister, be altered by the Minister by notice in the Gazette with effect from a date specified in the notice; or

[Para. (d) substituted by s. 1 of Act No. 27 of 1967, by s. 1 of Act No. 87 of 1968, by s. 1 of Act No. 61 of 1971, by s. 1 of Act No. 12 of 1974, by s. 1 of Act No. 51 of 1975, by s. 1 of Act No. 6 of 1978 and by s. 2 (c) of Act No. 9 of 1979 and amended by Proclamation No. 278 of 30 November, 1979, by Proclamation No. R.193 of 17 October, 1980, by Proclamation No. R.202 of 15 October, 1982, by Proclamation No. R.189 of 2 December, 1983, by Proclamation No. R.209 of 21 December, 1984, by Proclamation No. R.193 of 25 October, 1985, by ss. 46 and 47 of Act No. 97 of 1986, by Government Notice No. 2392 of 14 November, 1986 (as amended by Government Notice No. R.286 of 26 February, 1988), by Government Notice No. R.2088 of 29 September, 1989 and by Government Notice No. R.539 of 16 March, 1990.]

(e) persons employed casually and not for the purpose of the employer's business; or

( f ) persons whose earnings consist solely of a share in takings or are calculated purely on a commission basis; or

(g) persons to whom articles or materials are given out by an employer to be made up, finished, adapted for sale or otherwise worked with at a place not under the control of the employer; or

(h) persons employed by an employer for less than one full working day or less than eight hours, whichever is less, in any one calendar week; or

(i) domestic servants employed as such in private households; or

( j) the husband or wife of an employer when working for such employer; or

(k) . . . . . .

[Para. (k) deleted by s. 2 (a) of Act No. 130 of 1992.]

(l) persons who are officers in terms of the definition of "officer" in section 1 of the Public Service Act, 1984 (Act No. 111 of 1984); or

[Para. (l) substituted by s. 2 (b) of Act No. 130 of 1992.]

(m) persons employed by a provincial administration (including a school or hospital board under the control of a provincial administration) who contribute to the Government Service Pension Fund established by section 3 of the Government Service Pensions Act, 1973 (Act No. 57 of 1973); or

[Para. (m) substituted by s. 2 (d) of Act No. 9 of 1979.]

(n) persons who in terms of section 23 of the Educational Services Act, 1967 (Act No. 41 of 1967), section 12 of the Coloured Persons Education Act, 1963 (Act No. 47 of 1963), and section 12 of the Indians Education Act, 1965 (Act No. 61 of 1965), are for all purposes in respect of pension and retirement benefits dealt with as if they occupied posts included in a division of the public service referred to in section 7 (1) (a) of the Public Service Act, 1984 (Act No. 111 of 1984); or

[Para. (n) substituted by s. 2 (d) of Act No. 9 of 1979 and by s. 2 (c) of Act No. 130 of 1992.]

(o) . . . . . .

[Para. (o) substituted by s. 1 of Act No. 36 of 1987 and repealed by s. 36 (6) of Act No. 9 of 1989.]

(p) officers on the fixed establishment of Parliament; or

[Para. (p) substituted by s. 2 (e) of Act No. 9 of 1979.]

(q) . . . . . .

[Para. (q) deleted by s. 2 ( f ) of Act No. 9 of 1979.]

(r) seasonal workers.

(3) Where a person is employed by two or more employers that person shall for the purposes of this Act be regarded as a contributor only in respect of that employment which in the opinion of the Director-General constitutes his normal employment, and the Director-General may, in coming to a decision under this subsection, have regard, in addition to any other circumstances, to the amount of the earnings received from the respective employers.

(4) (a) The Minister may, after consultation with the Minister of Defence, by notice in the Gazette declare that, as from a date specified in the notice, which date may be a date prior to the date of commencement of this Act, any class of persons employed in terms of the Defence Act, 1957 (Act No. 44 of 1957), or any other law relating to the defence of the Republic, shall not for the purposes of this Act be regarded as contributors.

(b) The Minister may in like manner amend or withdraw any such notice.

(5) (a) (i) The Minister may, after receipt of an application to that effect in a form prescribed, subject to the provisions of paragraphs (b) and (c) and after consultation with the board, by notice in the Gazette declare that as from a date specified in the notice any specified class of persons, or any person employed in any specified business or section of a business or in any specified area, shall not for the purposes of this Act be regarded as contributors.

(ii) The purport of any such declaration shall be published in a newspaper or newspapers circulating in the area or areas concerned.

[Para. (a) substituted by s. 2 (d) of Act No. 130 of 1992.]

(b) Before publishing a notice under paragraph (a), the Minister shall cause to be published in the Gazette and in a newspaper or newspapers circulating in the area or areas concerned a provisional notice setting forth the purport of the notice he proposes to publish under paragraph (a) and calling upon all interested persons who have any objections to the proposed notice or the proposed provisions thereof, to submit such objections in writing to the Director-General within a specified period of not less than thirty days from the date of the publication of the provisional notice.

(c) No notice which, in the opinion of the Minister, differs in a material respect from the provisional notice which preceded it in terms of paragraph (b), shall be published under paragraph (a).

(d) The Minister may in like manner amend or withdraw any notice published under paragraph (a).

(6) Notwithstanding the provisions of subsection (2) (a) and except in so far as the Minister may with reference to any provision of this Act provide otherwise, persons referred to in that subsection who enter the Republic from any other state and in respect of whom the Government of the Republic and the government of that other state agree that they shall be regarded as contributors, shall for the purposes of this Act be regarded as contributors.

[Sub-s. (6) added by s. 1 of Act No. 89 of 1982.]

3. Definition of "earnings".--(1) In this Act, unless the context otherwise indicates, "earnings" means any payment in money or in kind or both in money and in kind made or owing to any person, which arises in any manner whatsoever out of employment, and includes any cost of living allowance, but does not include--

(a) the value of the training which a person is entitled to receive under a contract of apprenticeship or learnership;

(b) any amount received by way of commission, or as a share in takings;

(c) any additional payment based on the quantity or output of work done, except any amount guaranteed by law or otherwise to be a minimum remuneration;

(d) any remuneration for overtime; or

(e) any special payment, special bonus or special allowance, unless the Minister, after consultation with the board, either generally or in respect of any contributor or class of contributor, determines otherwise.

(2) The Minister may, after consultation with the board, withdraw or amend any determination made in terms of subsection (1) (e).

4. Definition of "employer".--(1) Subject to the provisions of this section and unless the context otherwise indicates, "employer" in this Act means a person who employs a contributor and includes the State, a labour broker and any person controlling the business of an employer.

[Sub-s. (1) substituted by s. 2 of Act No. 27 of 1986.]

(2) If the services of a contributor are temporarily lent or hired out by his employer to another person, such employer shall be deemed to continue to be the employer of that contributor while he is working for that other person.

(3) In respect of a contributor employed by a club or an association of persons, the members of the managing committee, the secretary or other responsible officer of the association or club shall be deemed to be the employer.

(4) For the purposes of the giving or receiving of statements, notices or other documents under this Act, the term "employer" shall include the manager, secretary, accountant, treasurer, trustee, executor, liquidator or duly authorized agent.

5. Seasonal employment.--(1) (a) If in the opinion of the Minister work is available to a substantial number of persons employed in any business or any class or kind of business in any area, for not more than eight months in any one year, by reason of the seasonal variation in the supply of raw materials required by such business or class or kind of business, he may, after consultation with the board, by notice in the Gazette declare such business or class or kind of business to be a seasonal business.

(b) The Minister may in like manner amend or withdraw any declaration made under paragraph (a).

(2) Any person--

(a) referred to in paragraph (a) of the definition of "seasonal worker" and who for a continuous period of four months or such period as may be extended in terms of subsection (4);

(b) referred to in paragraph (b) of the definition of "seasonal worker" and who for a continuous period of eight months,

has been a seasonal worker in the employment of the same person, ceases to be a seasonal worker if he remains in the employment of that person after the expiry of the said period and he shall become a contributor as from the date upon which he so remains in the employment.

[Sub-s. (2) substituted by s. 3 (a) of Act No. 130 of 1992.]

(3) If any contributor was employed by any person in any business on the day immediately prior to the date on which such business becomes a seasonal business, such contributor shall, while he remains in the employment of such person, not become a seasonal worker merely by reason of his employment in such business.

(4) The Minister may, after consultation with the board and subject to such conditions as he may deem fit, by notice in the Gazette extend the period referred to in paragraph (a) of the definition of "seasonal worker" for any business, class or category of business in agriculture to a maximum period of eight months.

[Sub-s. (4) added by s. 3 (b) of Act No. 130 of 1992.]

CHAPTER II
UNEMPLOYMENT INSURANCE FUND

6. Continued existence of unemployment insurance fund.--The unemployment insurance fund established in terms of section 4 of the Unemployment Insurance Act, 1946 (Act No. 53 of 1946), shall, notwithstanding the repeal of that Act by this Act, continue to exist and shall consist of--

(a) all assets which immediately prior to the commencement of this Act were assets of the fund;

(b) the contributions of employers and contributors in terms of section 29 (1);

(c) the contributions of the Minister from the State Revenue Fund in terms of section 29 (2);

[Para. (c) amended by s. 2 of Act No. 1 of 1982.]

(d ) any moneys paid as penalties under this Act;

(e) any interest from investments of the fund;

( f ) any moneys advanced to the fund in terms of section 9;

(fA) any moneys paid erroneously to the fund and which, in the opinion of the Director-General, cannot be refunded;

[Para. ( fA) inserted by s. 3 of Act No. 9 of 1979.]

(g) any other sums to which the fund may become entitled.

7. Application of fund.--The fund shall, subject to the provisions of this Act, be under the control of the Director-General and its moneys shall be applied by the Director General to--

(a) the payment of benefits;

(b) the payment of any amounts payable in terms of section 38;

[Para. (b) substituted by s. 4 of Act No. 9 of 1979.]

(c) the payment of any amounts which may become payable in pursuance of any authorization in terms of section 46;

(d) the reimbursement of the State Revenue Fund with the amount determined by the Director-General in terms of section 10 to be the value of the services rendered to the fund by the Department of Manpower;

[Para. (d) amended by s. 3 of Act No. 1 of 1982 and by s. 3 (a) of Act No. 27 of 1986.]

(e) the payment of the prescribed allowances to members of the board or of any committee;

( f ) the repayment of advances made to the fund in terms of section 9;

(g) the payment of any other expenditure incurred by the Director-General in the administration of this Act, including the expenses referred to in section 64C, 64F or 64H.

[Para. (g) substituted by s. 1 of Act No. 118 of 1977, by s. 2 of Act No. 89 of 1982, by s. 3 (b) of Act No. 27 of 1986 and by s. 4 of Act No. 130 of 1992.]

8. Investment of moneys of fund.--(1) The moneys of the fund other than such moneys as may be required to meet the current expenditure incurred in connection with the administration of this Act shall be deposited with the Public Investment Commissioners in an account to be known as the unemployment insurance fund account, and such moneys shall be regarded as "deposits" in terms of section 6 of the Public Investment Commissioners Act, 1984 (Act No. 45 of 1984).

[Sub-s. (1) substituted by s. 4 of Act No. 1 of 1982 and by s. 5 of Act No. 130 of 1992.]

(2) Any profit on realization of investments shall accrue to and any loss on such realization shall be borne by the fund.

9. Advances to the fund from public moneys.--(1) The Minister may, out of moneys appropriated by Parliament for the purpose, and subject to such conditions as the Treasury may impose, including conditions as to interest and repayment, at any time advance to the fund such moneys required to defray any expenditure incurred in connection with the administration of this Act, including the payment of benefits in terms thereof and amounts payable in terms of section 38, as the Minister, in consultation with the Treasury, may determine.

[Sub-s. (1) substituted by s. 5 of Act No. 9 of 1979.]

(2) The moneys so advanced and the interest thereon, shall be a charge upon the fund.

9A. Raising of loans from financial institutions.--If no moneys can be appropriated by Parliament for the fund for the purposes contemplated in section 9, the Director-General may, after consultation with the board and the actuary, and with the concurrence of the Minister of Finance, raise loans for the fund from financial institutions as referred to in the definition of "financial institution" in section 1 of the Financial Institutions (Investment of Funds) Act, 1984 (Act No. 39 of 1984), on the conditions agreed upon between the parties, to enable the fund to meet the expenditure in connection with the administration of the Act.

[S. 9A inserted by s. 1 of Act No. 30 of 1986 and substituted by s. 6 of Act No. 130 of 1992.]

10. Expenditure of the fund.--(1) The Director-General shall as soon as practicable after the end of every month, determine the value of the services rendered to the fund by the Department of Manpower during the month concerned and the amount thereof shall as soon as practicable after the end of each month be paid out of the State Revenue Fund and shall be reimbursed by the unemployment insurance fund to the State Revenue Fund.

[Sub-s. (1) amended by s. 5 of Act No. 1 of 1982 and substituted by s. 4 of Act No. 27 of 1986.]

(2) All other expenditure necessarily incurred in connection with the administration of this Act, including expenditure in connection with the performance of the functions of the board or any committee or agent, shall be defrayed from the fund.

11. Accounts and audit of the fund.--(1) The Director-General shall cause full and true accounts of the fund to be kept.

(2) The Director-General shall cause the books and accounts of the fund to be balanced as at the thirty-first day of December in every year and shall thereafter for submission with the report referred to in section 53 prepare a statement showing in all necessary detail the income and expenditure of the fund during the preceding financial year and a balance sheet showing the assets and liabilities of the fund.

(3) The accounts of the fund shall be audited by the Auditor-General.

[Sub-s. (3) amended by s. 6 of Act No. 1 of 1982.]

CHAPTER III
UNEMPLOYMENT INSURANCE BOARD AND UNEMPLOYMENT BENEFIT COMMITTEES

12. Continued existence and constitution of unemployment insurance board.--(1) The unemployment insurance board established by section 12 of the Unemployment Insurance Act, 1946 (Act No. 53 of 1946), shall, notwithstanding the repeal of that Act by this Act, continue to exist and shall consist of an officer designated by the Minister for that purpose, who shall be chairman, and not fewer than eight and not more than thirty other members who shall be appointed by the Minister and of whom--

(a) one-half shall represent the interests of employers and shall be appointed by the Minister from a list of persons nominated by such organizations as the Minister may deem qualified to represent the interests of employers; and

(b) one-half shall represent the interests of contributors and shall be appointed by the Minister from a list of persons nominated by such organizations as the Minister may deem qualified to represent the interests of contributors:

Provided that if in the opinion of the Minister any substantial group of employers or contributors, as the case may be, is not represented by any such organization he shall appoint such a number of members as he may determine to represent the interests of those employers or contributors, and the number of members to be appointed from the lists referred to in paragraph (a) or (b), as the case may be, shall be reduced accordingly.

[Sub-s. (1) amended by s. 5 of Act No. 27 of 1986.]

(2) The Minister may in like manner appoint such number of alternates to the members appointed under subsection (1) as he may deem fit.

(3) (a) The Minister may designate an officer in his department as deputy-chairman of the board.

(b) The deputy-chairman shall act as chairman at any meeting of the board from which the chairman is absent.

(c) If the chairman and deputy-chairman are both absent from any meeting, the members who are present may elect from among themselves a chairman to act at that meeting.

(4) The members of the board shall hold office during such period not exceeding three years as may be specified by the Minister upon their appointment.

(5) Any casual vacancy that occurs on the board shall be filled by the appointment of another member or alternate, as the case may be, in accordance with the provisions of subsection (1).

(6) Members and alternates whose periods of office have expired shall be eligible for reappointment.

(7) A member of the board shall vacate his office if he is absent without the permission of the chairman from three consecutive ordinary meetings of the board of which he has been notified.

(8) The Minister may, after consultation with or at the request of the nominating organization, if any, at any time cancel the appointment of any member or alternate member of the board if in his opinion there are good grounds for doing so.

(9) (a) The chairman or deputy-chairman shall not have a deliberative vote, but in the event of an equality of votes he shall have a casting vote.

(b) An acting chairman shall have a deliberative vote only.

(10) No decision or act of the board or act performed under the authority of the board shall be invalid by reason only of the existence of a vacancy on the board at the time when the decision is made or the act is performed.

(11) The Minister or any officer in the Department of Manpower designated by him for that purpose may assign to the board an officer in that department to be the secretary of the board, and such other officers or employees in that department as may be necessary to enable the board to carry out its functions.

[Sub-s. (11) substituted by s. 1 of Act No. 29 of 1988.]

(12) Any person who immediately prior to the commencement of this Act was a member of the board, shall be deemed to have been appointed in terms of the provisions of this Act as a member of the board as from the date on which he became a member thereof.

13. Functions of the board.--Subject to the provisions of this Act, the functions of the board shall be as follows:

(a) It may enquire into and submit recommendations to the Minister upon--

(i) any matter connected with the fund or any committee;

(ii) any matter connected with or likely to affect employment and any proposal which has as its object the prevention or reduction of unemployment;

(b) it shall hear and determine appeals against decisions of a committee referred to it in terms of section 21;

(c) it shall determine the benefits, if any, to be paid in terms of section 35 (14) or 36 (9);

[Para. (c) substituted by s. 6 of Act No. 9 of 1979.]

(d ) it may approve and register or reject the rules made by any committee in terms of section 19 and may order the inclusion of specified provisions in such rules;

(e) it shall consider the recommendations and proposals of committees in regard to any matter falling within the scope of their functions in terms of section 17 and make recommendations thereon to the Minister;

( f ) it shall keep statistics and records of the incidence of unemployment;

(g) it shall furnish the Director-General before the thirty-first day of January in each year or as soon as practicable thereafter, with an annual report in duplicate on its activities during the preceding financial year, and such other information as the Director-General may require in respect of that year;

(h) it may make any investigation or perform such other functions as are assigned to it by or under this Act or as may be assigned to it by the Minister.

14. Meetings of the board.--(1) All meetings of the board shall be held at such times and places as the board may from time to time determine: Provided that the chairman, or during his absence the deputy-chairman, may at any time call a special meeting of the board, to be held at a time and place appointed by him.

(2) Any person nominated by the Minister for the purpose may attend any meeting of the board and may take part in the proceedings of any such meeting, but shall not be entitled to vote.

(3) Minutes of the proceedings of every meeting of the board shall be kept by the secretary of the board.

(4) The minutes of a meeting shall be submitted to the next ensuing meeting and shall, if they are passed as correct, be signed by the chairman presiding at that meeting.

15. Rules of the board.--The board may, subject to the approval of the Minister, make rules as to--

(a) the admittance to meetings of the board of persons other than those entitled under this Act to be present thereat;

(b) the quorum at any such meeting, the procedure to be followed if there is no quorum, and the majority of votes by which a decision of the board shall be taken;

(c) the circumstances under which an alternate may sit as a member of the board;

(d ) the procedure at meetings of the board including the procedure to be followed in the event of an equality of votes;

(e) such other matters as may be necessary or expedient for the proper functioning of the board.

16. Establishment of unemployment benefit committees.--(1) The Minister shall, after consultation with the board, by notice in the Gazette establish one or more unemployment benefit committees having jurisdiction in an area or areas specified in such notice, and may in like manner alter the area or areas in which such a committee shall have jurisdiction.

[Sub-s. (1) substituted by s. 7 of Act No. 9 of 1979.]

(2) A committee referred to in subsection (1) shall consist of an officer, appointed by the Minister, who shall be chairman, and not fewer than four other members of whom--

(a) one-half shall represent the interests of employers and shall be appointed by the Minister from a list of persons nominated by such organizations as the Minister may deem qualified to represent the interests of employers; and

(b) one-half shall represent the interests of contributors and shall be appointed by the Minister from a list of persons nominated by such organizations as the Minister may deem qualified to represent the interests of contributors:

Provided that if in the opinion of the Minister any substantial group of employers or contributors, as the case may be, is not represented by any such organization he shall appoint such a number of members as he may determine to represent the interests of those employers or contributors, and the number of members to be appointed from the lists referred to in paragraph (a) or (b), as the case may be, shall be reduced accordingly.

(3) The Minister shall in like manner appoint such number of alternates to members as he may deem fit.

(4) The provisions of section 12 (3), (4), (5), (6),(7), (8), (9) and (10) shall mutatis mutandis apply in respect of any committee referred to in subsection (1) of this section.

(5) The Minister may, after consultation with the board, by notice in the Gazette, if in his opinion it is expedient to do so--

(a) disestablish any committee; or

(b) if any committee has failed or ceased to perform all or any of its functions, discharge the members of the committee and order that the powers and functions of the committee shall for a period specified in the notice, be vested in and exercised or performed by an officer so specified; and

(c) withdraw any such notice or from time to time amend any such notice by extending the period specified in the notice or by specifying another officer in the place of the officer so specified.

(6) The Director-General may from time to time assign to any committee an officer or other State employee to be the secretary of the committee and such other officers or State employees as may be necessary to enable a committee to carry out its functions.

(7) (a) Any committee which immediately prior to the commencement of this Act was in existence shall, subject to the provisions of subsection (5) (a), continue to exist.

(b) Any person who immediately prior to the commencement of this Act was a member of any committee, shall be deemed to have been appointed in terms of the provisions of this Act as a member of such committee as from the date on which he became a member thereof.

17. Functions of committees.--Subject to the provisions of this Act the functions of a committee shall, in relation to the contributors under its jurisdiction, be as follows:

(a) It shall hear and determine appeals against decisions of a claims officer referred to it in terms of section 27;

(b) . . . . . .

[Para. (b) deleted by s. 8 of Act No. 9 of 1979.]

(c) it shall report to the Director-General in terms of section 20;

(d ) it shall keep minutes of the proceedings of every meeting and within a reasonable time transmit a copy thereof to the Director-General;

(e) it may investigate any aspect of the administration of the fund which has a bearing on its functions and may make recommendations thereon to the board;

( f ) it shall investigate causes of unemployment in its area of jurisdiction and submit proposals to the board having as their object the prevention or reduction of unemployment;

(g) it may make recommendations to the Director-General in connection with the appointment of such agents as may be necessary to assist it in carrying out its functions under this Act;

(h) it shall carry out such other duties and perform such other functions as may be assigned to it by the Director-General for the better achievement of the objects of this Act.

18. Meetings of a committee.--(1) The first meeting of a committee shall be held at a time and place to be appointed by the Director-General.

(2) All subsequent meetings of the committee shall be held at such times and places as the committee may from time to time determine.

(3) Section 14 (2), (3) and (4) shall mutatis mutandis apply to a committee.

19. Rules of committees.--A committee may, subject to the approval of the board, make rules regulating mutatis mutandis any of the matters referred to in section 15.

20. Reports of committees.--A committee shall furnish the Director-General at any time with such information relating to its functions as the Director-General may require.

[S. 20 substituted by s. 7 of Act No. 1 of 1982.]

21. Appeal to board against decisions of committee.--(1) Any person (including a claims officer) aggrieved by a decision of a committee in regard to any--

(a) application for benefits; or

(b) other matter arising under this Act,

may appeal to the board against such decision, provided such appeal is lodged in writing within thirty days after the date on which he is notified of the decision or such further period as the board may determine.

[Sub-s. (1) substituted by s. 9 of Act No. 9 of 1979.]

(2) The decision of the board upon any such appeal shall for the purposes of this Act be deemed to have been the decision of the claims officer.

22. Board may state case for Supreme Court.--(1) The board may, of its own motion, and shall at the request of any person who considers himself aggrieved by its decision, if that person makes such request within ninety days after the date on which he is notified of the decision, state a special case on any question of law in connection with any matter referred to it for decision in terms of section 21 or in relation to any other matter arising under this Act, for the decision of the provincial or local division of the Supreme Court having jurisdiction in respect of the matter in question.

(2) In stating any such case the board shall set forth the facts of the matter and the view of the law which it has adopted in relation to those facts.

(3) Whenever any person has requested the board to state a special case for the decision of the Supreme Court in terms of subsection (1) the court may, in its discretion, make such order as to costs as may appear to it to be just, but when the board has of its own motion stated a special case as aforesaid the court shall make no order as to costs.

23. Appeal to Appellate Division.--There shall be no appeal from the decision of a court referred to in section 22 upon a case stated under that section: Provided that if the Appellate Division of the Supreme Court is of the opinion that any case involves an important question of law or is of considerable importance to a large number of persons it may grant special leave to appeal against the decision.

24. Indemnification of members of board or a committee.--The members of the board or of a committee shall, provided they have acted bona fide, be indemnified by the fund against all proceedings, costs and expenses incurred by reason of any claim in connection with the fund.

25. Allowances to members of board or a committee.--The members of the board or of any committee, who are not officers may, out of the moneys of the fund, receive such remuneration or allowances in respect of their services as may be prescribed.

CHAPTER IV
CLAIMS OFFICERS

26. Claims officers.--(1) The Director-General may in writing appoint any officers or other State employees as claims officers and shall specify the area or areas in which each claims officer shall have jurisdiction, and may alter such area or areas.

[Sub-s. (1) substituted by s. 10 (a) of Act No. 9 of 1979.]

(2) Every claims officer shall--

(a) receive applications for benefits made in terms of section 35, 36, 37 or 37A and for allowances made in terms of section 48;

[Para. (a) substituted by s. 10 (b) of Act No. 9 of 1979 and by s. 2 of Act No. 36 of 1987.]

(b) after enquiry determine whether any application for benefits or allowances shall be granted, and if so, what benefits or allowances shall be paid;

[Para. (b) substituted by s. 10 (b) of Act No. 9 of 1979.]

(c) authorize the payment from the fund of the benefits or allowances granted.

[Para. (c) substituted by s. 10 (b) of Act No. 9 of 1979.]

(d) . . . . . .

[Para. (d) deleted by s. 10 (c) of Act No. 9 of 1979.]

(3) The Director-General may designate any officer or employee of the State to assist a claims officer, and any officer or employee so designated shall exercise such powers and carry out such duties as may from time to time be assigned in writing to him by such claims officer.

(4) A claims officer may delegate any power conferred upon him by this Act to any officer or employee designated to assist him in terms of subsection (3) and any decision taken by such officer or employee under the powers so delegated to him shall, for the purposes of this Act, be deemed to be the decision of the claims officer.

[Sub-s. (4) substituted by s. 10 (d) of Act No. 9 of 1979.]

27. Appeal to committee against decisions of claims officers.--(1) Any person aggrieved by a decision of a claims officer in regard to any--

(a) application for benefits; or

(b) other matter arising under this Act,

may appeal to the committee having jurisdiction in the area wherein such matter arises, against such decision, provided such appeal is lodged in writing within ninety days after the date on which he is notified of the decision or such further period as the committee may determine.

[Sub-s. (1) substituted by s. 11 of Act No. 9 of 1979 and amended by s. 6 of Act No. 27 of 1986.]

(2) The decision of the committee on any such appeal shall for the purposes of this Act be deemed to have been the decision of the claims officer.

CHAPTER V
REGISTRATION AND DUTIES OF, AND PAYMENT OF CONTRIBUTIONS BY, EMPLOYERS

28. Employers to notify Director-General.--(1) Every employer carrying on business in the Republic shall, within fourteen days of the date on which he commenced business, in the prescribed manner furnish the Director-General with the prescribed particulars of his business, and every such employer shall within the period fixed by the Director General furnish him with such additional particulars as he may from time to time require. Every such employer shall forthwith inform the Director-General of any change in the particulars so furnished.

(2) The Minister may, by notice in the Gazette, exempt from the provisions of subsection (1), to the extent indicated in such notice, any employer or class of employers defined therein.

(3) Every person not resident in the Republic who, and every corporate body not registered in the Republic under the law relating to companies which, carries on business in the Republic and in connection therewith employs a contributor shall notify the Director General of the address of his or its chief office and of the name of his or its chief officer in the Republic, and such officer shall be authorized and required to carry out the duties of an employer as prescribed by this Act, and shall accept service of any document, issued under this Act, which affects such person or body.

(4) Every employer shall within one month of the date on which he commenced business, and from time to time at such times as may be prescribed, in the prescribed manner furnish the Director-General with such particulars relative to the contributors in his employ as may be prescribed.

29. Contributions by employers and contributors and from public funds.--(1) Every employer shall, in respect of every contributor employed by him, and every such contributor shall, contribute to the fund in the manner prescribed by this Act and, in the case of such employer, at the rate of 0,9 per cent, and, in the case of such contributor, at the rate of 0,9 per cent, of the earnings of such contributor or at such rates as may be fixed from time to time under section 45.

[Sub-s. (1) substituted by s. 2 (a) of Act No. 29 of 1977 and amended by Proclamation No. R.193 of 25 October, 1985 and by Government Notice No. 2392 of 14 November, 1986.]

(2) The Minister shall contribute to the fund from moneys appropriated by Parliament for the purpose an amount equal to twenty-five per cent, but not exceeding the amount of seven million rand in any financial year, of the total amount of the contributions paid to the fund in terms of this section by employers in respect of themselves and the contributors employed by them, and such amount shall be paid to the fund at such times and in such manner as the Minister may determine.

[Sub-s. (2) substituted by s. 2 (b) of Act No. 29 of 1977.]

(3) An employer liable to contribute to the fund in terms of subsection (1) shall, within ten days after the end of every calendar month, or if he ceases to be an employer during any calendar month, within ten days after so ceasing to be an employer, or within such further period as the Director-General may allow, pay to the Director-General in respect of that calendar month or the relevant portion of that calendar month, as the case may be, all the contributions due to the fund in respect of himself and the contributors employed by him during that calendar month or that portion of that calendar month: Provided that the Director-General may allow an employer or specified class of employers to pay contributions due to the fund on such other times as the Director-General may determine in his discretion.

[Sub-s. (3) amended by s. 7 of Act No. 130 of 1992.]

(4) For the purpose of reimbursing himself to the extent to which an employer is required to pay to the Director-General the contributions due to the fund by the contributors in his employ, an employer may, weekly or monthly or at such other times as the Director-General may approve, deduct from the earnings of every contributor in his employ an amount equal to the amount of contributions due to the fund by that contributor at the time when the deduction is made: Provided that not more than one week's contributions shall be deducted in any one week from the earnings of a contributor who is paid weekly, and not more than one month's contributions from the earnings of a contributor who is paid monthly.

[Sub-s. (4) substituted by s. 2 (c) of Act No. 29 of 1977.]

(5) . . . . . .

[Sub-s. (5) deleted by s. 2 (d) of Act No. 29 of 1977.]

(6) (a) When a contributor is for any reason absent from work during any week and is owing to such absence entitled to less than one day's earnings in respect of that week, that week shall not for the purposes of this Act be regarded as a period of employment and no contributions shall be payable in respect of that contributor for that week.

(b) When a contributor is for any reason absent from work during a portion of any week and is entitled to at least one day's earnings in respect of that week, that week shall for the purposes of this Act be regarded as a period of employment, and contributions for that week shall be payable at the full rate in respect of that contributor's normal weekly earnings.

[Para. (b) substituted by s. 2 (e) of Act No. 29 of 1977 and by s. 12 of Act No. 9 of 1979.]

(7) An employer shall not, in respect of the contributions due to the fund by a contributor in his employ, deduct from the earnings of that contributor an amount in excess of the amount prescribed by this Act, nor receive from the contributor any consideration in respect of the employer's own contributions.

(8) (a) An employer who is convicted of a contravention of subsection (7) shall, in addition to any penalty that may be imposed upon him, be ordered by the court convicting him, to refund to the contributor concerned, or if the whereabouts of the contributor are unknown, to pay to the fund, within such time as the court may direct, any amount deducted or consideration received in contravention of that subsection.

(b) Any such order of the court shall have all the effects of, and may be executed as if it were, a civil judgment of that court.

(9) Whenever any contribution is due by any person to the fund and the Director General is in respect of any amount of such contribution of the opinion that it cannot or should not, under the circumstances of the case, be recovered, he may direct that such amount be written off.

(10) (a) No contributions or other payments due to the fund under this Act by an employer shall be recoverable after the expiration of three years after such contributions or other payments became due to the fund.

(b) No contributions or other payments purporting to have been paid to the fund under this Act by an employer shall be recoverable after the expiration of three years after such contributions or other payments were so paid.

[Sub-s. (10) substituted by s. 2 of Act No. 51 of 1975.]

30. Statements to be furnished by employers.--(1) Every employer liable to contribute in terms of section 29 shall, within ten days after the end of every calendar month, or if he ceases to be an employer during any calendar month, within ten days after so ceasing to be an employer or within such further period as the Director-General may allow, transmit to the Director-General, together with the amount of the contributions he is required to pay in terms of section 29 (3), a statement in the prescribed form containing such particulars in respect of that month or the relevant portion of that month, as the case may be, as may be prescribed.

(2) If an employer carries on business in more than one place or carries on more than one class of business he shall, unless otherwise authorised thereto by the Director General, transmit a separate statement in respect of each place or class of business.

31. Failure to pay contributions or other moneys.--(1) If the amount of any contributions or any other payment is not paid by an employer at the time when it becomes payable, the Director-General may, in his discretion, impose upon and recover from the employer a penalty, determined either generally or specially, not exceeding 10 per cent of the amount unpaid, or R20, whichever is the greater: Provided that the Director-General may waive any such penalty in whole or in part.

[Sub-s. (1) substituted by s. 8 of Act No. 130 of 1992.]

(2) Whenever an employer has been convicted of an offence under section 61 (1) ( j) (i) or (iv) the court convicting him shall enquire into and determine the amount unpaid and shall order him to pay that amount to the Director-General within a period fixed by the court.

(3) An order made under subsection (2) shall have all the effects of, and may be executed as if it were, a civil judgment in favour of the Director-General.

(4) If an employer fails to transmit to the Director-General within the prescribed period any statement, information or particulars prescribed under section 30 or under any regulation relating to information or particulars to be furnished by an employer liable to contribute to the fund under this Act, the Director-General may determine the amount of the contributions payable by the employer, and the amount so determined shall, where no order has been made by a court in terms of subsection (2), be deemed to be the amount of the contributions due to the fund by that employer for the purpose of determining a penalty imposable under this Act or of fixing the amount of a claim to be lodged against a deceased or insolvent estate or against a company in liquidation.

(5) If an employer tenders to the Director-General in respect of any calendar month an amount which is less than the amount which that employer is in terms of section 29 (3) required to pay in respect of that calendar month, the Director-General may accept the amount tendered and call upon the employer concerned to pay to the fund, within such time as the Director-General may determine, the difference between the amount tendered and the amount payable, as determined by the Director-General, and may, in addition, in his discretion, require that employer to pay to the fund as a penalty such an amount, not exceeding the difference between the amount tendered and the amount payable by that employer, as the Director-General may determine, or he may waive any such penalty in whole or in part.

(6) (a) An employer aggrieved by the imposition upon him of a penalty under subsection (5) may appeal to the Minister against such penalty, provided the appeal is lodged in writing within fourteen days after the date on which the employer concerned is notified of the imposition of that penalty.

(b) The Minister may, on any such appeal--

(i) waive the penalty imposed by the Director-General in whole or in part; or

(ii) increase the penalty to an amount not exceeding twice the maximum amount specified in the said subsection (5); or

(iii) dismiss the appeal.

32. Employers to keep records.--(1) Every employer shall keep in respect of every contributor employed by him records of earnings paid, time worked and payment made for piecework or overtime and of any such other particulars as may be prescribed, and shall retain any such record or a microfilm or other microform reproduction thereof for a period of three years after the date on which the said record is made.

[Sub-s. (1) substituted by s. 3 of Act No. 51 of 1975 and by s. 8 (a) of Act No. 1 of 1982.]

(2) An employer shall furnish the Director-General with the information referred to in subsection (1) in such form and at such times as may be prescribed.

(3) An employer shall at all reasonable times produce the records or reproduction thereof referred to in subsection (1), on demand to any inspector for his inspection.

[Sub-s. (3) substituted by s. 8 (h) of Act No. 10 of 1982.]

(4) Records kept under any law which contain the particulars required under subsection (1) shall be deemed to be records prescribed by that subsection in respect of the persons to whom such records relate.

33. Contributors' record cards.--(1) The Director-General shall issue to every employer a record card in the form and manner prescribed in respect of every contributor employed by him.

(2) Every employer shall in respect of every contributor employed by him retain every record card issued to him in terms of subsection (1) or delivered to him in terms of subsection (4), until such time as the services of the contributor concerned are terminated by him, and upon such termination of his services the employer and the contributor concerned shall complete the relevant portions of the record card and thereafter the employer shall deliver it to the contributor concerned.

(3) Notwithstanding the provisions of subsection (2), the employer of a contributor who is, in terms of section 36 (1) or 37 (6) deemed to be unemployed, and who has applied for benefits, shall, at the request of a claims officer, forthwith forward to that officer the record card of that contributor, together with a statement containing such information and particulars in respect of the contributor as may be prescribed.

[Sub-s. (3) substituted by s. 13 of Act No. 9 of 1979.]

(4) A contributor shall retain his record card delivered to him in terms of subsection (2) until he is required by the claims officer to deliver it to him when applying for benefits in terms of section 35, 36, 37 or 37A or an allowance under section 48 or until he is again employed as a contributor, when he shall deliver it to his new employer.

[Sub-s. (4) substituted by s. 13 of Act No. 9 of 1979 and by s. 3 of Act No. 36 of 1987.]

CHAPTER VI
PAYMENT OF BENEFITS AND ALLOWANCES

34. Payment of benefits to contributors.--(1) Whenever a contributor is or becomes unemployed, he shall, subject to the provisions of this Act, be entitled to receive out of the fund--

(a) unemployment benefits in terms of section 35; or

(b) illness benefits in terms of section 36; or

(c) maternity benefits in terms of section 37; or

(d) adoption benefits in terms of section 37A.

[Para. (d) added by s. 4 (a) of Act No. 36 of 1987.]

(2) (a) The benefits payable to a contributor during any period of unemployment shall be calculated at the rate of 45 per cent of the normal weekly earnings at which he was last employed as a contributor.

(b) If a claims officer is satisfied that a contributor has been employed at different rates of earnings as a contributor and that he has not been employed for more than thirteen weeks at the rate of earnings at which he was last employed as a contributor, or whenever there is a dispute as to the normal rate of earnings at which a contributor was last employed, the claims officer may determine that benefits be paid in respect of the rate of earnings at which he considers the contributor is or was at any time normally employed, or, if in his opinion the contributor cannot be held to have been normally employed at any particular rate of earnings, then on such basis as he considers equitable in the circumstances.

(3) The amount of any benefits to which a contributor may become entitled shall be calculated in respect of a calendar week, and the amount of the benefits in respect of any period less than one calendar week shall be calculated on the basis of seven working days in any calendar week, a short working day counting as a full working day.

(4) Subject to the provisions of section 47, the benefits that may be paid to a contributor shall not exceed--

(a) one week's benefits for each completed four week's employment as a contributor between the first day of January 1950 and the thirtieth day of July 1962; and

(b) one week's benefits for each completed six weeks' employment as a contributor on or after the thirthieth day of July 1962.

[Sub-s. (4) amended by s. 9 of Act No. 130 of 1992.]

(5) Subject to the provisions of sections 35 (14) and 36 (9), a contributor shall not be entitled to receive benefits for more than twenty-six weeks in any period of fifty-two consecutive weeks.

(6) (a) A contributor who loses his employment and who receives from his last employer wages in lieu of a period of notice, shall be deemed to have been employed during that period.

(b) . . . . .

[Para. (b) deleted by s. 4 (b) of Act No. 36 of 1987.]

(7) A person shall be deemed not to be a contributor for the purposes of section 29 or not to be in employment as a contributor for the purposes of subsection (4) of this section, during any period in respect of which he is paid benefits under this Act.

(8) A contributor shall be deemed to have been employed during any period for which he received wages under section 140 of the Merchant Shipping Act, 1951 (Act No. 57 of 1951).

(9) A contributor shall not be entitled to benefits in respect of any period during which he is outside the Republic, except residents of "Walvis Bay" who were contributors in terms of this Act prior to 1 March 1994: Provided that benefits can only be paid to residents of "Walvis Bay" subject to the conditions as agreed upon between the Government of the Republic and the Government of Namibia.

[Sub-s. (9) substituted by Proclamation No. 99 of 1994.]

(10) (a) A contributor shall not be entitled to benefits unless he applies therefor in terms of this Act.

(b) A contributor who, in any period of fifty-two consecutive weeks, has received benefits for twenty-six weeks or for the longer period referred to in section 35 (14) (a) or 36 (9) (a), shall not be entitled to receive any unemployment benefits in terms of section 35 or illness benefits in terms of section 36, unless he applies anew for such benefits in accordance with section 35 (2) or 36 (3), as the case may be.

[S. 34 substituted by s. 14 of Act No. 9 of 1979. Sub-s. (10) added by s. 1 of Act No. 102 of 1987.]

35. Conditions relating to unemployment benefits.--(1) Subject to the provisions of this Act, a contributor who is unemployed shall be entitled to receive out of the fund during the period of his unemployment the unemployment benefits prescribed by section 34.

(2) Application for unemployment benefits under this section shall be made by a contributor, in the form prescribed to the claims officer having jurisdiction in the area in which the contributor resides or resides temporarily.

(3) The claims officer shall investigate the applicant's claim to unemployment benefits and, if satisfied that he is entitled thereto, admit the claim and authorize the payment of the benefits prescribed by section 34.

(4) The applicant shall submit to the claims officer such proof as the claims officer may require of his continuous unemployment during any period in respect of which he claims unemployment benefits.

(5) (a) Any person, when applying for, or when in receipt of, unemployment benefits, shall satisfy the claims officer that he is unable to obtain suitable work and shall for this purpose report and attend at such places and at such times as the claims officer may determine.

(b) The provisions of paragraph (a) shall apply also with reference to a contributor who is not entitled to benefits in terms of paragraph ( f ) of subsection (13).

[Para. (b) substituted by s. 2 (a) of Act No. 102 of 1987 and by s. 2 (a) of Act No. 29 of 1988.]

(c) If a contributor fails, without good cause, to report and attend at a place or at a time determined under paragraph (a), the application concerned for unemployment benefits shall lapse, and no further benefits shall be paid to him on account of that application.

[Para. (c) added by s. 2 (b) of Act No. 102 of 1987.]

(6) When any person applies for unemployment benefits the claims officer may require him to submit proof to the satisfaction of the claims officer that he is a work seeker who has been registered in terms of section 4 (1) of the Guidance and Placement Act, 1981 (Act No. 62 of 1981), and that he is, or has been, actively seeking work.

[Sub-s. (6) substituted by s. 2 (b) of Act No. 29 of 1988.]

(7) (a) A period of unemployment shall not be deemed to have commenced until the contributor has lodged an application in accordance with subsection (2) with the claims officer concerned or with an agent duly authorized to receive such application on behalf of the claims officer.

(b) If, in the opinion of the claims officer, any delay in lodging an application was caused by any circumstance beyond the control of the contributor the claims officer may determine a date within the period of the delay as the date on which the period of unemployment shall be deemed to have commenced.

(c) If a contributor who has applied for benefits in terms of subsection (2) moves to the area of jurisdiction of another claims officer and submits a further application within twenty-eight days from the date on which he last reported in terms of subsection (5), the period of unemployment shall for the purposes of this subsection and subsection (13) (a) be deemed to have commenced on the date determined in respect of the first application.

[Para. (c) amended by s. 2 (c) of Act No. 29 of 1988.]

(8) Whenever in the opinion of the claims officer the number of occasions on which, or the periods during which, a contributor became or remained unemployed are excessive compared to the position obtaining with reference to other contributors performing work of a nature similar to that normally performed by such contributor, the claims officer may, in the case of such contributor and for such period as he may determine, authorize the payment of benefits at a reduced rate or refuse the payment of unemployment benefits, as he may deem fit.

(9) If in any business there is, in pursuance of any holiday scheme, a stoppage of work for any period (in this subsection referred to as the holiday period), a contributor whose last employment prior to the commencement of the holiday period was in such business, shall be regarded as not being unemployed during that period unless he satisfies the claims officer that he is not unemployed solely by reason of the holiday period.

(10) Whenever in any calendar week in respect of which unemployment benefits are payable to a contributor, that contributor undertakes remunerative work, including work done on a commission basis, of a nature not ordinarily undertaken by him, or to an extent not ordinarily undertaken by him, and which in the opinion of the claims officer reduces or is likely to reduce the work which would otherwise be available to contributors, the amount of unemployment benefits payable to that contributor in respect of such a calendar week shall be reduced by an amount equal to the amount by which the aggregate of the unemployment benefits payable to him and the remuneration received by him during that week in respect of such remunerative work, as determined by the claims officer, exceeds the normal weekly earnings received from his last employer.

(11) If a contributor who is employed by two or more employers, loses the employment in respect of which he is in terms of section 2 (3) regarded as a contributor for the purposes of this Act, he shall, notwithstanding that he continues in the employment of the other employer or employers, as the case may be, be entitled to unemployment benefits, but the amount of unemployment benefits payable to him in respect of any calendar week shall be reduced by an amount equal to the amount by which the aggregate of the unemployment benefits payable to him and the earnings received by him in respect of that week from the employer or employers by whom he continues to be employed, exceeds his normal weekly earnings in respect of his normal employment as determined by the Director-General in terms of section 2 (3).

(12) The period in respect of which unemployment benefits are paid at reduced rates in any calendar week in terms of subsection (11) shall, for the purposes of subsections (4) and (5) of section 34, be regarded as a period in that calendar week bearing the same proportion to the first-mentioned period as the total amount of unemployment benefits paid in respect of that period bears to the total amount which would have been paid had the contributor received unemployment benefits at the full rates in respect of the first-mentioned period.

(13) Subject to the provisions of this Act, a contributor shall not be entitled to unemployment benefits--

(a) unless he has been employed as a contributor or otherwise in employment for at least thirteen weeks, whether for a continuous period or not, during the fifty-two weeks immediately preceding the date upon which a period of unemployment is deemed to have commenced: Provided that for the purposes of this paragraph such contributor shall be deemed to have been employed as a contributor during any period during which he was performing any continuous service or undergoing continuous training in any portion of the South African Defence Force (except the Permanent Force) or the Reserve, within the meaning of the Defence Act, 1957 (Act No. 44 of 1957);

[Para. (a) amended by s. 9 of Act No. 1 of 1982.]

(b) for the first week of unemployment unless the commencement of such period of unemployment occurs within nine weeks of any previous period of unemployment: Provided that if the unemployment continues into the second week, a contributor shall in respect of the first week of unemployment, if the commencement of that period of unemployment does not occur within nine weeks of a previous period of unemployment, receive unemployment benefits in respect of the same number of days during that week as the number of days on which he is unemployed during the second week;

(c) unless he is capable of and available for work: Provided that if he becomes ill whilst in receipt of unemployment benefits he shall be deemed to be capable of and available for work if the claims officer is satisfied that such illness is not likely to have prejudiced his chance of securing employment;

(d) if he is unemployed by reason of a stoppage of work due to a trade dispute in the industry in which he was employed or in any other industry, so long as the stoppage of work continues, unless he has during such stoppage of work become unemployed after becoming bona fide employed elsewhere in suitable work, or unless he satisfies the claims officer that--

(i) he was at no time a party to the dispute and had no direct interest in the subject-matter of the dispute;

(ii) no person who was employed at the contributor's place of employment in an occupation similar to the occupation in which the contributor was employed, has at any time been such a party nor so interested in the subject-matter of the dispute;

(e) . . . . . .

[Para. (e) deleted by s. 2 (d) of Act No. 29 of 1988.]

( f ) for a period of thirteen weeks, or such lesser period as the claims officer concerned may determine, from the date on which such contributor refuses to accept or to apply for suitable work notified to him or of which he may have become aware, or on which he does not comply with any specific reasonable direction given to him by or on behalf of the claims officer with a view to helping him to get work, or on which he presents or offers himself for work in a condition or manner which, in the opinion of the claims officer concerned, is likely to preclude him for obtaining employment;

(g) if he fails to comply with any provision of any law relating to unemployment, while such default continues;

(h) unless he complies with the provisions of subsections (4), (5) and (6);

(i) if he refuses, without good cause, to undergo training for employment under any scheme approved by the Director-General;

( j) in respect of any period during which there is for any reason a temporary reduction in the number of hours, days or weeks ordinarily worked in the business in which he is employed, unless his contract of service or apprenticeship or learnership with his employer has been terminated.

(14) (a) Notwithstanding the provisions of section 34 (5), but subject to the provisions of subsection (13) (a) of this section, the board may at its discretion, on application in the prescribed form and manner, authorize the payment of further benefits to any contributor or any class of contributor at either full rate or such reduced rate and for such period as it may deem fit.

(b) The board may, subject to such conditions and for such period as it may determine, authorize a claims officer or any officer or employee designated in terms of section 26 (3) to assist a claims officer, to exercise, perform or carry out any of its powers, functions and duties under paragraph (a).

(15) For the purposes of this section the expression "suitable work"--

(a) in relation to a contributor whose normal rate of earnings does not exceed seven hundred and eighty rand a year, means any work, including work in agriculture and work as a domestic servant in a private household, which the contributor concerned is, in the opinion of the claims officer, physically capable of performing and the acceptance of which will not, in the opinion of the claims officer, cause the contributor concerned undue hardship, and in respect of which the weekly earnings are not less than the weekly unemployment benefits which would be payable to such contributor if he is unemployed; and

(b) in relation to a contributor whose normal rate of earnings exceeds seven hundred and eighty rand a year, means, for the first thirteen weeks of unemployment, work which the contributor concerned is, in the opinion of the claims officer, capable of performing and the acceptance of which will not, in the opinion of the claims officer, cause the contributor concerned undue hardship, and which is, unless in the opinion of the claims officer the contributor is not capable of undertaking the work in which he has been ordinarily employed, work of a similar class and remunerated at a rate of earnings of not less than seventy-five per cent of the remuneration payable in respect of the work wherein the contributor concerned is ordinarily employed or any work remunerated at a higher rate of earnings, and thereafter any work deemed suitable by the claims officer,

but does not include employment in a situation which has become vacant in consequence of a stoppage of work referred to in subsection (13) (d).

[S. 35 substituted by s. 15 of Act No. 9 of 1979.]

36. Conditions relating to illness benefits.--(1) (a) Subject to the provisions of section 34 and of this section and of any applicable regulation made under section 62, illness benefits may be paid to a contributor who is unemployed and who is unable to perform work on account of an illness referred to in subsection (2) of this section.

(b) A contributor whose services have not been terminated but who is not in receipt of any earnings, or who receives from his employer less than one-third of his normal earnings, and who is unable, on account of the illness referred to, to perform his normal work, shall, for the purposes of paragraph (a), be deemed to be unemployed.

(2) The Minister may, after consultation with the Minister of National Health and the board, by notice in the Gazette specify the illness in respect of which, and, if he deems it expedient, the circumstances under which, an illness benefit under subsection (1) may be paid, and may in like manner amend or withdraw any such notice, and may, in specifying the circumstances under which a benefit may be paid in respect of any illness, apply any method of differentiation based on the type of illness or the treatment thereof or any other method.

[Sub-s. (2) amended by s. 10 (a) of Act No. 1 of 1982 and by s. 10 of Act No. 130 of 1992.]

(3) (a) Application for illness benefits shall be made by a contributor in the form prescribed to the claims officer having jurisdiction in the area in which the contributor resides or resides temporarily.

(b) If the claims officer is satisfied that a contributor is unable to make the application personally, he may authorize such other person as he may deem fit to make the application on behalf of the contributor.

(4) The claims officer shall investigate the applicant's claim to illness benefits and, if satisfied that he is entitled thereto, admit the claim and authorize benefits as prescribed by section 34.

(5) If a contributor who has applied for illness benefits in terms of subsection (3) moves to the area of jurisdiction of another claims officer, the claims officer with whom the application was originally lodged may, subject to the provisions of this Act, authorize or continue to authorize the payment of illness benefits to which the contributor may be entitled in respect of such application.

(6) A contributor shall not be entitled to illness benefits--

(a) for the first two weeks of unemployment: Provided that if unemployment continues after the second week, the contributor may in respect of the first two weeks of unemployment be paid illness benefits in respect of the same number of days during such first two weeks as the number of days on which he is unemployed during the two weeks which immediately follow the first two weeks;

(b) for any period during which he is entitled to unemployment benefits in terms of the proviso to section 35 (13) (c);

(c) if in the opinion of the claims officer he is unemployed by reason of an illness arising from his own misconduct;

(d) if the contributor, in the opinion of the claims officer, has unreasonably refused or neglected to undergo medical treatment or to carry out the instructions of a medical practitioner, chiropractor or homeopath, for as long as such refusal or neglect continues;

[Para. (d) substituted by s. 3 (a) of Act No. 29 of 1988.]

(e) unless he has been employed as a contributor, or was otherwise in employment, for at least thirteen weeks, whether for a continuous period or not, during the fifty-two weeks immediately preceding the date upon which a period of unemployment is deemed to have commenced: Provided that for the purposes of this paragraph such contributor shall be deemed to have been employed as a contributor during any period during which he was performing any continuous service or undergoing continuous training in any portion of the South African Defence Force (except the Permanent Force) or the Reserve, within the meaning of the Defence Act, 1957 (Act No. 44 of 1957).

[Para. (e) substituted by s. 3 of Act No. 1 of 1981 and amended by s. 10 (b) of Act No. 1 of 1982.]

(7) For the purpose of this section a contributor, other than a contributor referred to in subsection (1) (b), shall be deemed to have become unemployed on the date upon which his contract of service or apprenticeship or learnership was terminated by reason of the illness in respect of which application is made for illness benefits: Provided that an applicant who became unemployed prior to contracting the illness in respect of which the application is made, shall be deemed to have become unemployed on the date from which he is certified by the medical practitioner, chiropractor or homeopath to have become incapable of performing work by reason of the said illness.

[Sub-s. (7) amended by s. 10 (c) of Act No. 1 of 1982 and substituted by s. 3 (b) of Act No. 29 of 1988.]

(8) A contributor, including a contributor referred to in subsection (1) (b), shall not be deemed to have become unemployed more than fifty-two weeks immediately preceding the date upon which application is made in terms of subsection (3).

[Sub-s. (8) substituted by s. 10 (d) of Act No. 1 of 1982.]

(9) (a) Notwithstanding the provisions of section 34 (5), but subject to the provisions of subsection (6) (e) of this section, the board may at its discretion, on application in the prescribed form and manner, authorize the payment of further benefits to any contributor or any class of contributor at either full rate or such reduced rate and for such period as it may deem fit.

(b) The board may, subject to such conditions and for such period as it may determine, authorize a claims officer or any officer or employee designated in terms of section 26 (3) to assist a claims officer, to exercise, perform or carry out any of its powers, functions and duties under paragraph (a).

[S. 36 amended by s. 2 of Act No. 61 of 1971 and substituted by s. 3 of Act No. 29 of 1977 and by s. 16 of Act No. 9 of 1979.]

37. Conditions relating to maternity benefits.--(1) Subject to the provisions of section 34 and of this section and of any applicable regulation made under section 62, a female contributor who is unemployed may be paid benefits in accordance with the provisions of this Act in respect of her pregnancy and confinement for a period not exceeding twenty-six weeks, from the date on which she is deemed to have become unemployed, whether or not she is capable of and available for work.

[Sub-s. (1) amended by s. 11 (a) of Act No. 1 of 1982 and substituted by s. 5 (a) of Act No. 36 of 1987.]

(2) Application for maternity benefits under subsection (1) shall be made by a contributor, in the form prescribed, to the claims officer having jurisdiction in the area in which the contributor resides or resides temporarily.

(3) If a contributor who has applied for maternity benefits in terms of subsection (2) moves to the area of jurisdiction of another claims officer, the claims officer with whom the application was originally lodged may, subject to the provisions of this Act, authorize or continue to authorize the payment of maternity benefits to which the contributor may be entitled in respect of such application.

(4) The claims officer shall investigate the applicant's claim to maternity benefits and, if satisfied that she is entitled thereto, admit the claim and authorize the payment of benefits as prescribed by section 34.

(5) A contributor shall not be entitled to benefits in terms of subsection (1) unless she was in employment as a contributor, or was otherwise in employment, for at least thirteen weeks during the fifty-two weeks immediately preceding the expected date of her confinement or, where application for benefits is made on or after the date of birth, the date of birth, as the case may be: Provided that the board may, at its discretion, authorize the payment of such benefits to an applicant who was employed as a contributor, or was otherwise in employment, for less than thirteen weeks during the fifty-two weeks immediately preceding the expected date of her confinement or the date of birth, as the case may be, if such applicant was employed on work connected with ionizing radiation at any time during a period of thirty-nine weeks immediately preceding such expected date or the date of birth: Provided further that for the purposes of this subsection such contributor shall be deemed to have been in employment as a contributor during any period during which she was performing any continuous service or undergoing continuous training in any portion of the South African Defence Force (except the Permanent Force) or the Reserve, within the meaning of the Defence Act, 1957 (Act No. 44 of 1957).

[Sub-s. (5) substituted by s. 4 of Act No. 1 of 1981 and amended by s. 11 (b) of Act No. 1 of 1982 and by s. 4 of Act No. 29 of 1988.]

(6) For the purposes of this section a female contributor shall be deemed to have become unemployed on the date upon which her contract of service or apprenticeship or learnership was terminated or, notwithstanding that her services have not been terminated, shall be deemed to be unemployed if, in respect of any period referred to in subsection (1), she is not in receipt of any earnings or receives from her employer less than one-third of her normal earnings.

[Sub-s. (6) amended by s. 11 (c) of Act No. 1 of 1982 and by s. 5 (b) of Act No. 36 of 1987.]

(7) No payment shall be made in terms of subsection (1) unless application is made therefor before the date of birth concerned or within a period of fifty-two weeks from that date.

[S. 37 amended by s. 4 of Act No. 29 of 1977 and substituted by s. 17 of Act No. 9 of 1979. Sub-s. (7) added by s. 5 (c) of Act No. 36 of 1987.]

37A. Conditions relating to adoption benefits.--(1) Subject to the provisions of section 34 and of this section and of any applicable regulation made under section 62, a female contributor who is unemployed may be paid benefits, hereinafter in this section referred to as adoption benefits, in accordance with the provisions of this Act for a period not exceeding 26 weeks, commencing not earlier than the date of application to a children's court in terms of section 18 (2) of the Child Care Act, 1983 (Act No. 74 of 1983), for the adoption of a child who, at the time of the application, is under the age of two years, whether or not she is capable of and available for work: Provided that no payment of adoption benefits shall be made to such contributor before the adoption order is issued by the children's court and submitted to the claims officer.

[Sub-s. (1) substituted by s. 11 (a) of Act No. 130 of 1992.]

(2) Application for adoption benefits under subsection (1) shall be made by a contributor, in the prescribed form, to the claims officer having jurisdiction in the area in which the contributor resides or resides temporarily.

(3) If a contributor who has applied for adoption benefits in terms of subsection (2) moves to the area of jurisdiction of another claims officer, the claims officer with whom the application was originally lodged may, subject to the provisions of this Act, authorize or continue to authorize the payment of adoption benefits to which the contributor may be entitled in respect of such application.

(4) The claims officer shall investigate the applicant's claim for adoption benefits and, if satisfied that she is entitled thereto, admit the claim and authorize the payment of benefits as prescribed by section 34.

(5) No payment shall be made in terms of subsection (1)--

(a) unless application is made therefor within a period of fifty-two weeks from the date of the adoption concerned; and

(b) unless the contributor concerned was in employment as a contributor, or was otherwise in employment, for at least 13 weeks during the period of 52 weeks immediately preceding the date of the adoption: Provided that for the purposes of this subsection such contributor shall be deemed to have been in employment as a contributor during any period during which she was performing any continuous service or undergoing continuous training in any part of the South African Defence Force (except the Permanent Force) or the Reserve, within the meaning of the Defence Act, 1957 (Act No. 44 of 1957).

[Para. (b) amended by s. 11 (b) of Act No. 130 of 1992.]

(6) For the purpose of this section a female contributor shall be deemed to have become unemployed as from the date upon which--

(a) her contract of service or apprenticeship or learnership was terminated;

(b) she has in respect of any period referred to in subsection (1), not received any earnings although her services have not been terminated; or

(c) she receives from her employer less than one third of her normal earnings.

[S. 37A inserted by s. 6 of Act No. 36 of 1987. Sub-s. (6) added by s. 11 (c) of Act No. 130 of 1992.]

38. Payments to dependants of deceased contributors.--(1) Subject to the provisions of section 34 (4) and of this section and of any applicable regulation made under section 62, the Director-General may pay from the fund to the dependants of a contributor who dies (hereinafter referred to as the deceased contributor), an amount equal to the sum of the amounts which would, but for the provisions of section 34 (5), have been payable to the deceased contributor had such contributor been capable of, and available for, work and unemployed for a period of twenty-six weeks from the date of his death.

(2) Application for payment in terms of subsection (1) shall be made in the form prescribed to the regional director, as defined by regulation, in the area in which the applicant resides or resides temporarily or, if the applicant is outside the Republic, to any such regional director.

[Sub-s. (2) substituted by s. 12 of Act No. 130 of 1992.]

(3) No payment shall be made in terms of subsection (1)--

(a) unless application is made therefor within a period of three years from the date of death of the contributor concerned; and

(b) unless the deceased contributor was in employment as a contributor, or was otherwise in employment, for not less than thirteen weeks during the five years immediately preceding the date of his death: Provided that for the purposes of this paragraph such contributor shall be deemed to have been in employment as a contributor during any period during which he was performing any continuous service or undergoing continuous training in any portion of the South African Defence Force (except the Permanent Force) or the Reserve, within the meaning of the Defence Act, 1957 (Act No. 44 of 1957).

[Para. (b) substituted by s. 5 of Act No. 1 of 1981 and amended by s. 12 of Act No. 1 of 1982.]

(4) (a) If there is a dependant referred to in subsection (7) (a) (i) when any amount becomes payable in terms of subsection (1), the amount shall be paid to that dependant.

(b) If such a dependant does not apply for payment in terms of subsection (1) within three years from the date of death of the deceased contributor, the amount may, subject to the succeeding provisions of this section, be paid to any other person for the benefit of a dependant.

(c) If the board is satisfied that there is no dependant as is referred to in subsection (7) (a) (i), it may at its discretion authorize the payment of the amount, or any portion thereof, in instalments or otherwise, to any person or persons for the benefit of any dependant referred to in subsection (7) (a) (ii).

(d) If the board is satisfied that there are no dependants as are referred to in subsection (7) (a) (i) or (ii), it may at its discretion authorize the payment of the amount, or any portion thereof, in instalments or otherwise, to any person or persons for the benefit of any dependant referred to in subsection (7) (a) (iii).

(e) The board may, subject to such conditions and for such period as it may determine, delegate any power conferred upon it by paragraphs (c) and (d) of subsection (4) to any claims officer or any officer or employee designated in terms of section 26 (3) to assist a claims officer.

[Para. (e) added by s. 7 of Act No. 27 of 1986.]

(5) The provisions of section 43 and 44 shall mutatis mutandis apply in respect of any amount paid or payable in terms of subsection (1).

(6) An amount payable in terms of subsection (1) shall not form part of the estate of the deceased contributor.

(7) For the purpose of this section--

(a) "dependant" means--

(i) the widow or widower of the deceased contributor;

[Sub-para. (i) substituted by s. 7 of Act No. 36 of 1987.]

(ii) any child (including an adopted child) of the deceased contributor who was under the age of seventeen years at the date of the death of the contributor and who was, in the opinion of the board, wholly or mainly dependent upon the contributor for the necessities of life; or

(iii) any other person who was, in the opinion of the board, wholly or mainly dependent upon the deceased contributor for the necessities of life;

(b) . . . . . .

[Para. (b) deleted by s. 1 (2) of Act No. 114 of 1991.]

(c) "widow" includes any woman who was a participant in a customary union according to indigenous law and custom, where neither the man nor the woman was a party to a subsisting marriage.

[S. 38 amended by s. 5 of Act No. 29 of 1977 and substituted by s. 18 of Act No. 9 of 1979. Para. (c) substituted by s. 1 (2) of Act No. 114 of 1991.]

39 and 40. . . . . . .

[Ss. 39 and 40 repealed by s. 19 of Act No. 9 of 1979.]

41. . . . . . .

[S. 41 amended by s. 6 of Act No. 29 of 1977 and repealed by s. 19 of Act No. 9 of 1979.]

42. . . . . . .

[S. 42 repealed by s. 19 of Act No. 9 of 1979.]

43. Benefits paid in error.--(1) If any person has received benefits to which he is not entitled under the provisions of this Act, he shall be liable to repay to the fund the amount of the benefits so received: Provided that if the Director-General deems it inequitable in any particular case to demand repayment of the whole amount, he may in his discretion demand repayment of any lesser amount, or relieve such person of the repayment of the whole amount.

(2) Whenever the Director-General is in respect of any amount of any benefit so received or any other amount due to the fund, including moneys obtained fraudulently from the fund, of the opinion that it cannot, or should not under the circumstances of the case, be recovered, he may direct that such amount be written off.

[Sub-s. (2) added by s. 3 (1) of Act No. 61 of 1971.]

44. Benefits may not be assigned, charged, attached or set off.--(1) Benefits shall not--

(a) be capable of being assigned or charged;

(b) be attached by the order of any court;

(c) be set off against any debt due by the person entitled to such benefits.

(2) For the purposes of subsection (1), "debt" does not include any debt which becomes owing by virtue of the provisions of section 43.

CHAPTER VII
ALTERATION OF RATES OF BENEFITS AND CONTRIBUTIONS

45. Alteration of rates of benefits and contributions in certain circumstances.--(1) If the Director-General at any time, after consultation with the board and the actuary, deems the assets of the fund, after having taken the liabilities of the fund into consideration, to be greater than is required to meet any applications for benefits which may reasonably be expected during a period of severe unemployment, he shall report to the Minister accordingly, and thereupon the Minister may by notice in the Gazette, with effect from a date specified in the notice, prescribe an increase in the rate of benefits prescribed by section 34 or by a previous notice issued under this section.

[Sub-s. (1) substituted by s. 7 (a) of Act No. 29 of 1977 and amended by s. 20 (a) of Act No. 9 of 1979 and by ss. 46 and 47 of Act No. 97 of 1986.]

(2) If the Director-General at any time, after consultation with the board and the actuary, is of the opinion that the assets of the fund are insufficient or are not increasing to the extent deemed sufficient to meet applications for benefits which may reasonably be expected during a period of severe unemployment, he shall report to the Minister accordingly, and thereupon the Minister may by notice in the Gazette, with effect from a date specified in the notice, prescribe an increase in the rates of contributions prescribed by section 29 (1) or in a previous notice issued under this section, or a reduction in the rate of benefits prescribed by a notice issued under this section: Provided that no such notice shall prescribe a reduction in the rate of benefits below the rate prescribed by section 34.

[Sub-s. (2) substituted by s. 7 (b) of Act No. 29 of 1977 and amended by s. 20 (b) of Act No. 9 of 1979 and by ss. 46 and 47 of Act No. 97 of 1986.]

(3) . . . . . .

[Sub-s. (3) deleted by s. 13 of Act No. 1 of 1982.]

CHAPTER VIII
PROVISIONS TO COMBAT UNEMPLOYMENT

46. Schemes to combat unemployment.--(1) If the Minister is of the opinion that unemployment exists or is likely to arise in any business or area among contributors who cannot readily be placed in other suitable employment, he may, on the recommendation of the board, provide for a scheme to keep such contributors in employment or to place those who are or who become unemployed in employment.

(2) The Minister may in any such scheme--

(a) provide for any matter for which he considers it necessary or expedient to provide, including the grant of financial or other assistance to any employer or contributor or any class of employers or contributors to whom the scheme relates;

(b) differentiate between different classes of employers and different classes of contributors on any basis which he deems necessary in order to achieve the objects of the scheme.

(3) The Minister may, after consultation with the board, authorize the payment from the fund of the whole or any portion of any amount which may become payable in connection with the application of the scheme, including any expenditure incurred in the administration thereof.

[Sub-s. (3) substituted by s. 13 (a) of Act No. 130 of 1992.]

(4) The Minister may at any time--

(a) after consultation with the board, withdraw or alter any authority granted in terms of subsection (3);

[Para. (a) substituted by s. 13 (b) of Act No. 130 of 1992.]

(b) on the recommendation of the board, withdraw or amend any scheme.

47. Suspension of certain provisions of Act.--(1) Whenever the Minister is of the opinion that in any area the extent of the unemployment in any business in such that a state of emergency exists, he may, after consultation with the board, by notice in the Gazette suspend, for such period and subject to such conditions, exceptions and exclusions as may be specified in the notice and either wholly or in part, the operation of the provisions of section 34 (4) or (5) or 35 (13) (a) or ( j) in respect of any contributors or any class of contributors who are or have been employed in that business in that area.

[Sub-s. (1) amended by s. 21 of Act No. 9 of 1979.]

(2) The Minister may at any time by notice in the Gazette amend or repeal any notice issued in terms of subsection (1).

48. Special weekly allowances.--(1) Whenever a contributor after having become unemployed accepts employment at less than half the average weekly rate of earnings received by him during the period of three months immediately prior to the date upon which he became unemployed, he shall during the period he remains so employed, be entitled to receive out of the fund a special weekly allowance equal to the difference between his new weekly remuneration, including commission, and half the said average rate of earnings: Provided that the said allowance shall--

(a) not exceed the amount of the benefits which would have been payable to the contributor if he had remained unemployed;

(b) be paid for not more than thirteen weeks in any period of fifty-two consecutive weeks;

(c) not be paid if the claims officer is satisfied that the contributor has replaced another employee who was in receipt of a rate of earnings higher than the rate of earnings offered to the contributor concerned, and who was discharged by the employer without sufficient reason;

(d ) cease to be payable if the contributor concerned refuses to accept available work of a similar class, and remunerated at the same rate of earnings as or at any higher rate of earnings than, the work wherein he was employed immediately prior to acceptance by him of the employment in respect of which the allowance became payable, other than work which has become available in consequence of a stoppage of work such as is referred to in section 35 (13) (d ); and

[Para. (d ) substituted by s. 8 (a) of Act No. 29 of 1977 and amended by s. 22 (b) of Act No. 9 of 1979.]

(e) be reduced pro rata in proportion to any lawful deductions made from the weekly earnings of the contributor concerned in respect of any failure by him to fulfil the terms of his contract of service.

[Sub-s. (1) amended by s. 22 (a) of Act No. 9 of 1979.]

(2) The special allowance referred to in subsection (1) shall be paid only with effect from the week during which the contributor concerned notifies the claims officer in the prescribed form of the acceptance by him of the employment concerned, the rate of earnings payable in respect of such employment and the name and address of the employer concerned.

(3) The claims officer shall forward a copy of any notification received by him in terms of subsection (2) to the employer concerned who shall thereafter transmit weekly to the claims officer a statement in the prescribed form, certified by him as true, showing the weekly earnings received by the contributor concerned and the deductions, if any, made from the earnings of the contributor on account of any failure to fulfil the terms of his contract of service.

(4) A contributor shall for the period during which an allowance is payable to him in terms of subsection (1), be deemed for the purposes of this Act to be a contributor according to the rate of earnings at which he was employed immediately prior to acceptance by him of the employment in respect of which the allowance became payable.

[Sub-s. (4) substituted by s. 8 (b) of Act No. 29 of 1977.]

(5) A contributor shall not for the period during which such an allowance is paid to him be deemed for the purposes of this Act to be in receipt of benefits.

49. . . . . . .

[S. 49 amended by s. 23 of Act No. 9 of 1979 and repealed by s. 2 of Act No. 30 of 1986.]

CHAPTER IX
ADMINISTRATION AND APPLICATION OF ACT

50. Method of calculating earnings, contributions, benefits and other amounts.--(1) For the purpose of determining the earnings of a contributor on--

(a) an annual basis, his earnings shall, if paid weekly, be multiplied by fifty two, and if paid monthly, by twelve;

(b) a weekly basis, his earnings shall, if paid monthly, be divided by four and one third;

(c) a monthly basis, his earnings shall, if paid weekly, be multiplied by four and one third,

or shall be determined in the manner best calculated to give the true value of the earnings of the contributor on an annual, weekly or monthly basis, as the case may be.

(2) Any dispute regarding any matter referred to in subsection (1) shall be settled by the Director-General, whose decision shall be subject to appeal to the Minister.

(3) The value of any remuneration in kind supplied by an employer shall, for the purposes of this section, be determined in accordance with a method prescribed by regulation: Provided that a different method of determination may be prescribed in respect of remuneration in kind supplied by an employer in agriculture: Provided further that if an employer and a contributor in agriculture should agree in writing on the value of remuneration in kind to be supplied by the employer, such value agreed upon shall, for the purposes of this section, be deemed to be the value determined in accordance with the prescribed method: Provided further that such agreed value shall not be less than the amount prescribed.

[Sub-s. (3) substituted by s. 14 of Act No. 130 of 1992 and amended by s. 32 of Act No. 129 of 1993 and by s. 10 of Act No. 157 of 1993.]

(4) For the purposes of calculating contributions under section 29 or benefits under section 34 or any other amount under this Act, any fraction of a cent in the amount of such contributions or benefits or in such other amount shall be disregarded if the first decimal figure of such fraction is less than 0,5 and shall be taken as one if equal to or more than 0,5.

[S. 50 substituted by s. 9 of Act No. 29 of 1977. Sub-s. (4) amended by s. 14 of Act No. 1 of 1982.]

51. Powers, functions and duties of Director-General.--(1) The powers, functions and duties conferred or imposed upon the Director-General under this Act shall be exercised, performed and carried out by the Director-General subject to the directions and control of the Minister.

(2) The Director-General may, subject to such conditions as he may prescribe, delegate any of his powers, functions or duties under this Act to any officer or employee in his department, and any powers exercised, functions performed or duties carried out by such officer or employee shall, for the purposes of this Act, be deemed to have been exercised, performed or carried out by the Director-General.

52. Director-General may acquire and alienate property.--(1) The Director-General may, after consultation with the board, purchase or otherwise acquire immovable property required wholly or partly for the purposes of this Act and may alienate or let any property so acquired.

[Sub-s. (1) substituted by s. 24 (a) of Act No. 9 of 1979 and by s. 15 of Act No. 130 of 1992.]

(1A) The Director-General may purchase or otherwise acquire any movable property required wholly or partly for the purposes of this Act, and may sell or otherwise dispose of such property and may write off losses and deficiencies.

[Sub-s. (1A) inserted by s. 24 (b) of Act No. 9 of 1979.]

(2) All property so acquired shall be held in the name of the Director-General in trust for the fund.

53. Annual report.--(1) The Director-General shall, after the conclusion of each financial year and before the thirty-first day of March of the following year, or as soon as practicable thereafter, submit a report to the Minister upon the transactions of the fund during that financial year, including therein special reference to--

(a) the manner in which the board and the committees are performing their functions;

(b) the number of unemployed contributors to whom benefits have been paid and the total amount of such benefits,

(c) the number of deceased contributors whose dependants received payment in terms of section 38 and the total amount of such payments,

[Para. (c) added by s. 25 of Act No. 9 of 1979.]

and shall transmit therewith the statement and balance sheet referred to in section 11 (2).

(2) The report referred to in subsection (1) together with the statement of income and expenditure and the balance sheet referred to in section 11 (2) shall be laid upon the Table in the House of Assembly within thirty days after the receipt thereof by the Minister if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within fourteen days of the commencement of its next ensuing ordinary session.

[Sub-s. (2) substituted by s. 15 of Act No. 1 of 1982.]

54. Appointment of inspectors.--(1) The Minister or any officer designated by him for that purpose may, subject to the laws governing the public service, appoint any person as an inspector under this Act.

[Sub-s. (1) amended by s. 26 of Act No. 9 of 1979 and substituted by s. 8 of Act No. 27 of 1986.]

(2) Every inspector shall be furnished with a certificate signed by an officer designated thereto by the Minister and stating that he has been appointed as an inspector under this Act.

55. Powers of inspectors.--(1) (a) An inspector may, without previous notice, at any time enter any business premises whatsoever and may, while he is upon or in the premises or at any other time, question any person who is or has been upon or in the premises, in the presence of or apart from others, and may require from any such person the production then and there, or at a time and place fixed by the inspector, of all books and documents which are or have been upon or in the premises or in the possession or custody or under the control of any employer by whom the premises are occupied or used, or of any employee of that employer, or may at any time and at any place require from any person, who has the possession or custody or control of any book or document relating to the business of any person who is or was an employer, the production then and there, or at a time and place fixed by the inspector, of that book or document, and may examine and make extracts from the copies of all such books and documents, and may require an explanation of any entries in any such books or documents, and may seize any such books or documents as in his opinion may afford evidence of any offence under this Act.

(b) An inspector may take with him into or on to any premises any interpreter or other assistant or any member of a police force.

(2) An employer in connection with whose business any premises are occupied or used, and every person employed by him, shall at all times furnish such facilities as are required by the inspector for entering the premises or for inspecting or examining the books or documents upon or in the premises or for making any inquiry in relation thereto.

(3) An inspector may require any contributor to produce to him any container in which any money paid or to be paid to him by way of remuneration was or is contained, and any statement furnished or to be furnished to him by his employer concerning the payment, and may examine the contents of the container and retain the container and statement.

(4) An inspector may require any employee, or any employer whom he has been unable to question at his place of business to appear before him at any time and place fixed by the inspector and may then and there question that employee or employer.

(5) An inspector may require any employer to make all payments due to any contributor employed by him in the presence of an inspector.

(6) An inspector exercising any power or carrying out any duty conferred or imposed upon him by this Act, shall, on demand, produce the certificate furnished to him in terms of section 54 (2).

(7) For the purposes of this section an interpreter shall, while acting under the lawful directions of the inspector he accompanies, he deemed to be an inspector, and any question put through, reply made to, requirement made by or hindering of an interpreter while so acting, shall be deemed to be a question put by, reply made to, requirement made by or hindering of an inspector.

56. Appointment of agents.--(1) The Director-General may, subject to such conditions as he may prescribe, appoint such agents as may be necessary for the proper administration of this Act, and may assign to them such areas and may impose upon them such duties as he may deem fit.

(2) An agent appointed under subsection (1) may receive out of the moneys of the fund such remuneration for his services as may be determined by the Director-General in consultation with the Treasury.

57. Exemption from tax.--The receipts and accruals of the fund, including the accruals from any investments, shall be exempt from income tax.

58. Certain documents exempt from stamp duty.--Notwithstanding anything to the contrary in any law in force relating to stamp duty, any affidavit, certificate, receipt or other document required or issued under any provision of this Act shall be exempt from stamp duty.

59. Recovery of losses and damages.--(1) If a person who is or was in the employ of a department of State caused the fund any loss or damage because he--

(a) failed to collect fund moneys for the collection of which he is or was responsible;

(b) is or was responsible for an irregular payment of fund moneys or for a payment of such moneys not supported by a proper voucher;

(c) is or was responsible for fruitless expenditure of fund moneys due to an omission to carry out his duties;

(d ) is or was responsible for a deficiency in, or for the destruction of, or any damage to, fund moneys, stamps, face value documents and forms having a potential value, securities, equipment, stores or any other fund property;

(e) due to an omission to carry out his duties, is or was responsible for a claim against the fund,

the Director-General shall determine the amount of such loss or damage and, subject to the provisions of subsection (5), order, by notice in writing, the said person to pay to him, within thirty days from the date of such notice, the amount so determined.

(2) If a person who is in the employ of a department of State and who has in terms of subsection (1) been ordered to pay an amount, fails to pay such amount within the period stipulated in the notice in question, the amount shall, subject to the provisions of subsections (4), (6) and (7), be deducted from his monthly salary: Provided that such deduction shall not in any month exceed one-fourth of his monthly salary.

(3) If a person who was in the employ of a department of State and who has, in terms of subsection (1), been ordered to pay an amount, fails to pay such amount within the period stipulated in the notice in question, the Director-General shall, subject to the provisions of subsections (4), (6) and (7), recover such amount from the person concerned by legal process.

(4) If a person who has been ordered to pay an amount in terms of subsection (1) makes, within the period stipulated in the notice in question, an offer to pay the amount in instalments, the Director-General may allow payment in such instalments as he may consider reasonable.

(5) If for any reason whatsoever, the Director-General is of the opinion that the amount of loss or damage referred to in subsection (1) should not be recovered or should be recovered in part only from the person responsible therefor, he may exempt that person from payment of the whole or a portion of such amount.

(6) A person who has in terms of subsection (1) been ordered to pay an amount may, within a period of thirty days from the date of such order, appeal in writing against such order to the Minister, stating the grounds of his appeal, and the Minister may, after such investigation as he may deem necessary, dismiss the appeal, or order that the appellant be exempted either wholly or partly, according as he may consider fair and reasonable, from the payment of such amount.

(7) A person who has in terms of subsection (1) been ordered to pay an amount may, instead of appealing to the Minister under subsection (6), apply within a period of thirty days from the date of such order, or within such further period as the court may allow, to a competent court for an order setting aside such first-mentioned order or reducing such amount, and the court may upon such an application, if it is not convinced by the Director-General on the merits of the case that the order was rightly made or that that amount is correct, make an order setting aside such first-mentioned order or reducing that amount, as the case may be.

(8) If an amount is reduced in terms of subsection (5), (6) or (7), the reduced amount shall mutatis mutandis be recovered in accordance with the provisions of subsections (1), (2), (3) and (4).

[S. 59 repealed by s. 8 of Act No. 6 of 1972 and inserted by s. 27 of Act No. 9 of 1979.]

60. Evidence.--(1) Every record of a decision made by the Director-General, the board or any committee, and every copy of or extract from an entry in any book or record kept by the Director-General, the board or any committee, and of any document filed with the Director-General, the board or any committee, purporting to be certified by the Director-General or chairman of the board or of a committee, as the case may be, to be a true copy or extract, shall upon production be received in any court of law as prima facie evidence of the matters so certified without proof of the signature of the Director-General or the said chairman, as the case may be.

(2) In any proceedings under this Act, an affidavit purporting to be made by the Director-General in which it is stated--

(a) that any person or body of persons is an employer or a contributor under this Act; or

(b) that any person is or was lawfully required under this Act to pay any amount to the Director-General; or

(c) that any amount referred to in paragraph (b) or any portion thereof had or had not been paid on a date specified in the affidavit,

shall on its mere production in those proceedings by any person, but subject to the provisions of subsection (3), be prima facie proof of the facts stated therein.

(3) The person presiding at the proceedings in which any affidavit referred to in subsection (2) is adduced in evidence, may himself and shall at the request of any party to the proceedings cause the person who made the affidavit to be subpoenaed to give oral evidence, or cause written interrogatories to be submitted to him for reply and such interrogatories and any reply on oath purporting to be a reply from such person shall in like manner be admissible as evidence in such proceedings.

(4) Any person who has notified the Director-General in any statement referred to in section 30 (1) that he has a contributor or contributors in his employment and has not subsequently informed the Director-General that he has ceased to employ contributors, shall be presumed, unless the contrary is proved, to be an employer.

(5) In any proceedings under this Act, any statement or entry contained in any book or document kept by any employer or found upon or in any premises occupied by, or upon any vehicle used in the business of, that employer, and any copy or reproduction (whether obtained by microfilming or any other process) of any such statement or entry, shall be admissible in evidence against him as an admission of the facts set forth in that statement or entry, unless it is proved that that statement or entry was not made by that employer.

[Sub-s. (5) deleted by s. 28 of Act No. 9 of 1979 and added by s. 16 of Act No. 1 of 1982.]

61. Penalties.--(1) Any person who--

(a) in an application for benefits under this Act or in an application for the payment of an amount in terms of section 38 or in any notice or statement required to be given or furnished under this Act, knowingly makes or causes to be made a statement which is false in a material particular; or

[Para. (a) amended by s. 29 of Act No. 9 of 1979.]

(b) wilfully makes any false entry on a contributor's record card; or

(c) refuses or fails to produce to his employer his record card in terms of section 33 (4); or

(d ) falsely holds himself out to be an inspector; or

(e) makes any statement to an inspector which is false in any material particular knowing the same to be false; or

( f ) refuses or fails to answer to the best of his power any question which an inspector in the performance of his functions has put to him; or

(g) refuses or fails to comply to the best of his power with any requirement made by an inspector in the performance of his functions; or

(h) hinders an inspector in the performance of his functions; or

(i) contravenes or refuses or fails to comply with any provision of any regulation; or

( j) being an employer--

(i) fails to comply with any provision of section 29 (3) or contravenes any provision of section 29 (7); or

(ii) fails to comply with any provision of section 30; or

(iii) fails to comply with any provision of section 28, 32, 33 or 48 (3); or

(iv) fails to pay on the due date any contributions or other payment under this Act,

shall be guilty of an offence and liable on conviction to a fine not exceeding five hundred rand or to imprisonment for a period not exceeding one year, or to both such fine and such imprisonment.

[Sub-s. (1) amended by s. 9 of Act No. 27 of 1986.]

(2) Notwithstanding anything to the contrary contained in any other law, a magistrate's court shall have jurisdiction to impose any penalty prescribed by, or make any order provided for in, this Act.

CHAPTER X
REGULATIONS

62. Regulations.--(1) The Minister may make regulations as to--

(a) the procedure to be followed in an appeal under section 21 or 27 and the powers of the board or a committee, as the case may be, in respect of such appeal;

(b) the records to be kept by employers in terms of section 32;

(c) the information to be furnished by an employer in regard to an application for benefits in terms of section 35, 36, 37 or 37A or an application for the payment of an amount in terms of section 38;

[Para. (c) substituted by s. 8 of Act No. 36 of 1987.]

(d) the medical examination of an applicant for benefits in terms of section 36 or 37, and the fees payable from the fund in respect of such an examination;

(e) the documentary evidence to be furnished by an applicant for the payment of an amount in terms of section 38;

( f ) the information to be furnished in any application in terms of section 2 (5) (a) (i);

[Para. ( f ) deleted by s. 5 of Act No. 29 of 1988 and inserted by s. 16 of Act No. 130 of 1992.]

(g) the form and manner in which any statement required to be furnished by an employer under this Act shall be submitted;

(h) the form of any other document, record or book required for the carrying out of the provisions of this Act;

(i) the issue, production or disposal of record cards of contributors and the replacement of lost cards;

( j) the method of payment of benefits;

(k) the remuneration or allowances payable to members of the board or of any committee who are not officers;

(l) any matter that may be prescribed or defined under this Act; and

(m) generally, all matters which he considers it necessary or expedient to prescribe in order that the purposes of this Act may be better achieved.

[Sub-s. (1) substituted by s. 30 (a) of Act No. 9 of 1979.]

(2) Regulations made under subsection (1) shall, within fourteen days after the promulgation thereof, be laid upon the Table in the House of Assembly, if Parliament is then in session, and if Parliament is not then in session, within fourteen days after the commencement of its next ensuing session.

[Sub-s. (2) substituted by s. 17 of Act No. 1 of 1982.]

(3) If a resolution is passed by the House of Assembly disapproving of any such regulation, that regulation shall lapse as from a date to be specified in the resolution, and no regulation having a similar import shall thereafter be made under subsection (1), except with due regard to the terms of such resolution or of any subsequent resolution rescinding or modifying such resolution.

[Sub-s. (3) substituted by s. 17 of Act No. 1 of 1982.]

(4) Any regulation made under subsection (1) before the substitution thereof by the Unemployment Insurance Amendment Act, 1979, or under section 63 before the repeal thereof by that Act, and which was of force immediately prior to the commencement of the said Act, shall be deemed to have been made under the corresponding provision of subsection (1) as substituted by the said Act.

[Sub-s. (4) added by s. 30 (b) of Act No. 9 of 1979.]

63. . . . . . .

[S. 63 repealed by s. 31 of Act No. 9 of 1979.]

CHAPTER XI
GENERAL

64. Savings.--(1) . . . . . .

[Sub-s. (1) deleted by s. 32 of Act No. 9 of 1979.]

(2) Any provision of section 30 of the Unemployment Insurance Act, 1946, which immediately prior to the commencement of this Act applied in respect of any person shall, notwithstanding the repeal of the Unemployment Insurance Act, 1946, by this Act, continue to apply in respect of such person as if this Act had not been passed.

64A. Preservation of certain rights after Transkei becomes independent.--(1) No benefit or allowance payable to any person under Chapter VI immediately prior to the date on which Transkei becomes independent and no benefit or allowance to which any person has become entitled under the said Chapter before that date, shall cease to be payable on or after that date by reason only that the person concerned ceased to be a contributor by virtue of Transkei becoming independent or that Transkei no longer forms part of the Republic.

(2) Any person who, if he had not ceased to be a contributor as contemplated in subsection (1) or if Transkei had not ceased to be a part of the Republic, would have been entitled in terms of any provision of Chapter VI to receive or to be paid any benefit or allowance in respect of any period of unemployment occurring within three years of the date on which Transkei becomes independent, shall, subject to the provisions of subsection (5), be entitled to receive or to be paid such benefit or allowance in respect of any such period of unemployment as if he had not so ceased to be a contributor or Transkei had not ceased to be a part of the Republic.

(3) The employment of any person in Transkei during the period of three years referred to in subsection (2) shall, for the purposes of Chapter VI, not be regarded as employment of that person as a contributor but as employment otherwise than as a contributor.

(4) Any employer who in Transkei employs any person referred to in subsection (2), shall keep and retain for the purposes of this section the records and the record card referred to in sections 32 and 33, and any such person who is so employed shall for such purpose keep and retain the record card referred to in section 33.

(5) Any application by a person referred to in subsection (2) for a benefit or allowance under Chapter VI shall, subject to the provisions of this section, be made to and be dealt with by a claims officer stationed at Durban or East London, but such application shall not be considered if it is not received by any such claims officer or his representative, who may be an officer or employee in the public service of Transkei, before or on the date of expiration of the period of three years referred to in subsection (2).

[S. 64A inserted by s. 1 of Act No. 108 of 1976.]

64B. Preservation of certain rights after Bophuthatswana becomes independent.--(1) No benefit or allowance payable to any person under Chapter VI immediately prior to the date on which Bophuthatswana becomes independent and no benefit or allowance to which any person has become entitled under the said Chapter before that date, shall cease to be payable on or after that date by reason only that the person concerned ceased to be a contributor by virtue of Bophuthatswana's becoming independent or that Bophuthatswana no longer forms part of the Republic.

(2) Any application by a person referred to in subsection (1) for a benefit or allowance under Chapter VI shall, subject to the provisions of this section, be made to and be dealt with by a claims officer, but such application shall not be considered unless it is received by such claims officer or his representative, who may be an officer or employee in the public service of Bophuthatswana, before the date on which Bophuthatswana becomes independent.

[S. 64B inserted by s. 2 of Act No. 118 of 1977.]

64C. Payment of amount to Bophuthatswana for purposes of establishment of unemployment insurance fund.--The Director-General shall, as soon as practicable after the date on which Bophuthatswana becomes independent, pay from the fund to the Government of Bophuthatswana an amount of three hundred thousand rand for the purpose of assisting it to establish an unemployment insurance fund for the payment of unemployment benefits in Bophuthatswana.

[S. 64C inserted by s. 2 of Act No. 118 of 1977.]

64D. Preservation of certain rights after Venda becomes independent.--(1) No benefit or allowance payable to any person under Chapter VI immediately prior to the date on which Venda becomes independent and no benefit or allowance to which any person has become entitled under the said Chapter before that date, shall cease to be payable on or after that date by reason only that the person concerned ceased to be a contributor by virtue of Venda's becoming independent or that Venda no longer forms part of the Republic.

(2) Any person who, if he had not ceased to be a contributor as contemplated in subsection (1) or if Venda had not ceased to be a part of the Republic, would have been entitled in terms of any provision of Chapter VI to receive or to be paid any benefit or allowance in respect of any period of unemployment occurring within three years of the date on which Venda becomes independent, shall, subject to the provisions of subsection (5), be entitled to receive or to be paid such benefit or allowance in respect of any such period of unemployment as if he had not so ceased to be a contributor or Venda had not ceased to be a part of the Republic.

(3) The employment of any person in Venda during the period of three years referred to in subsection (2) shall, for the purposes of Chapter VI, not be regarded as employment of that person as a contributor, but as employment otherwise than as a contributor.

(4) Any employer who in Venda employs any person referred to in subsection (2), shall keep and retain for the purposes of this section the records and the record card referred to in sections 32 and 33, and any such person who is so employed shall for such purpose keep and retain the record card referred to in section 33.

(5) Any application by a person referred to in subsection (2) for a benefit or allowance under Chapter VI shall, subject to the provisions of this section, be made to and be dealt with by a claims officer, but such application shall not be considered if it is not received by a claims officer or his representative, who may be an officer or employee in the public service of Venda, before or on the date of expiration of the period of three years referred to in subsection (2).

[S. 64D inserted by s. 1 of Act No. 97 of 1979.]

64E. Preservation of certain rights after Ciskei becomes independent.--(1) No benefit payable to any person under Chapter VI immediately prior to the date on which Ciskei becomes independent and no benefit to which any person has become entitled under the said Chapter before that date, shall cease to be payable on or after that date by reason only that the person concerned ceased to be a contributor by virtue of Ciskei's becoming independent or that Ciskei no longer forms part of the Republic.

(2) Any person who, if he had not ceased to be a contributor as contemplated in subsection (1) or if Ciskei had not ceased to be a part of the Republic, would have been entitled in terms of any provision of Chapter VI to receive or to be paid any benefit in respect of any period of unemployment occurring within three years of the date on which Ciskei becomes independent, shall, subject to the provisions of subsection (5), be entitled to receive or to be paid such benefit in respect of any such period of unemployment as if he had not so ceased to be a contributor or Ciskei had not ceased to be a part of the Republic.

(3) The employment of any person in Ciskei during the period of three years referred to in subsection (2) shall, for the purposes of Chapter VI, not be regarded as employment of that person as a contributor, but as employment otherwise than as a contributor.

(4) Any employer who in Ciskei employs any person referred to in subsection (2), shall keep and retain for the purposes of this section the records and the record card referred to in sections 32 and 33, and any such person who is so employed shall for such purpose keep and retain the record card referred to in section 33.

(5) Any application by a person referred to in subsection (2) for a benefit under Chapter VI shall, subject to the provisions of this section, be made to and be dealt with by a claims officer of the Department of Manpower of the Republic, but such application shall not be considered if it is not received by such a claims officer or his representative, who may be an officer or employee in the public service of Ciskei, before or on the date of expiration of the period of three years referred to in subsection (2).

[S. 64E inserted by s. 1 of Act No. 113 of 1981.]

64F. Payment of amount from fund to government of foreign state.--The Director-General shall, at such times and in such manner as may be agreed upon between the Government of the Republic and the government of any other state referred to in section 2 (6) which has established an unemployment insurance fund, pay from the fund to that government an amount equal to the contributions in terms of section 29 (1) by the contributors contemplated in the said section 2 (6) and by their employers in respect of them.

[S. 64F inserted by s. 3 of Act No. 89 of 1982.]

64G. Preservation of certain rights after KwaNdebele becomes independent.--(1) No benefit payable to any person under Chapter VI immediately prior to the date on which KwaNdebele becomes independent and no benefit to which any person has become entitled under the said Chapter before that date, shall cease to be payable on or after that date by reason only that the person concerned ceased to be a contributor by virtue of KwaNdebele's becoming independent or that KwaNdebele no longer forms part of the Republic.

(2) Any application by a person referred to in subsection (1) for payment of a benefit under Chapter VI shall, subject to the provisions of this section, be made to and be dealt with by a claims officer of the Department of Manpower of the Republic, but such application shall not be considered unless it is received by such a claims officer or his representative, who may be an officer or employee in the public service of KwaNdebele, before the date on which KwaNdebele becomes independent.

[S. 64G inserted by s. 10 of Act No. 27 of 1986.]

64H. Payment to KwaNdebele to establish unemployment insurance fund.--The Director-General shall, as soon as practicable after the date on which KwaNdebele becomes independent, pay from the fund to the government of KwaNdebele an amount determined by agreement between the Government of the Republic and the Government of KwaNdebele to enable the latter Government to establish an unemployment insurance fund for the payment of unemployment benefits in KwaNdebele.

[S. 64H inserted by s. 10 of Act No. 27 of 1986.]

65. Repeal of laws.--(1) Subject to the provisions of section 64 and of subsections (2) and (3) of this section, the laws mentioned in Schedule 2 are hereby repealed to the extent specified in the third column of that Schedule.

(2) Any period during which any person was regarded as a contributor or as being employed as a contributor or as being unemployed for the purposes of the Unemployment Insurance Act, 1946 (Act No. 53 of 1946), shall be regarded as a period during which he was a contributor or was employed as a contributor or was unemployed for the purposes of this Act, and any period in respect of which any contributor was paid benefits or allowances under the Unemployment Insurance Act, 1946, shall be deemed to be a period in respect of which he was paid benefits or allowances under this Act.

(3) Any regulations made or anything done under any provision of any law repealed by subsection (1) shall be deemed to have been made or done under the corresponding provision of this Act.

66. Short title and commencement.--This Act shall be called the Unemployment Insurance Act, 1966, and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.

Schedule 1

[Schedule 1 amended by s. 2 of Act No. 27 of 1967, by s. 2 of Act No. 87 of 1968, by s. 4 of Act No. 61 of 1971, by s. 2 of Act No. 12 of 1974 and by s. 4 of Act No. 51 of 1975 and repealed by s. 10 of Act No. 29 of 1977.]

Schedule 2
LAWS REPEALED

No. and year of law Title of Act Extent of repeal
No. 53 of 1946 Unemployment Insurance Act, 1946 The whole
No. 41 of 1949 Unemployment Insurance Amendment Act, 1949 The whole
No. 57 of 1951 Merchant Shipping Act, 1951 So much of the First Schedule as relates to the amendment of section 39 of the Unemployment Insurance Act, 1946 (Act No. 53 of 1946)
No. 48 of 1952 Unemployment Insurance Amendment Act, 1952 The whole
No. 10 of 1954 Unemployment Insurance Amendment Act, 1954 The whole
No. 9 of 1957 Unemployment Insurance Amendment Act, 1957 The whole
No. 76 of 1959 Unemployment Insurance Amendment Act, 1959 The whole
No. 63 of 1960 Unemployment Insurance Amendment Act, 1960 The whole
No. 13 of 1961 Unemployment Insurance Amendment Act, 1961 The whole
No. 60 of 1962 Unemployment Insurance Amendment Act, 1962 The whole
No. 37 of 1965 Unemployment Insurance Amendment Act, 1965 The whole