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AI summary
The judgment concerns two appeals under COIDA brought by Elizabeth Hartzenberg and Jonatan Hermanus Jonas against tribunal assessments of permanent disablement. The court set aside the tribunal determinations and declared total permanent disablement of 100% in both matters. It also dealt with whether the amended costs regime in section 46(7) of COIDA had retrospective effect.
It may be relevant to COIDA appeals, tribunal assessments of permanent disablement, and the timing of the section 46(7) costs regime.
Evidence from source
Both matters concern claims instituted under s 49(2) of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (‘COIDA’).
Supports: plain_summary sentence 1
The court applied the dictum in Mashava v Enaex Africa (Pty) Ltd and others to conclude that the new costs regime applies only from the date it came into operation, 23 January 2026.
Supports: plain_summary sentence 3