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

Notices

Directions on the establishment of a COVID-19 Vaccine Injury No-Fault Compensation Scheme issued in terms of the Act

Chapter ll : Administration of Scheme

5. Functionaries of the scheme
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5.1Regulation 92(1) establishes the following functionaries of the claims adjudication process of the Scheme:
5.1.1the Adjudication Panel; and
5.1.2the Appeal Panel.

 

5.2The members of the Adjudication and Appeal Panels are appointed for the period, and on the terms and conditions,determined in writing by the Minister.

 

5.3The Adjudication Panel
5.3.1The Adjudication Panel will consist of, at least 3, and not more than 5 members appointed by the Minister following a nomination process, and subject to the criteria set out in these directions and the call for nominations, relating to qualifications, expertise and experience, and whose names shall be published on the Department's website.
5.3.2The members of the Adjudication Panel must include:
5.3.2.1at least one medical practitioner,registered with the Health Professions Council of South Africa, who is not part of the NISEC causality assessment in  respect of the claim concerned, and who has experience in the assessment of compensation claims;
5.3.2.2a person who has financial expertise; and
5.3.2.3a person with experience in assessing personal damages and/or actuarial expertise, and who has experience in assessment of compensation claims.

 

5.4The functions of the Adjudication Panel are to:
5.4.1confirm eligibility of a claim;
5.4.2confirm that the NISEC has concluded the investigation and determined that the injury was caused by an applicable vaccine;
5.4.3confirm that the type of vaccine injury qualifies for compensation;
5.4.4confirm that the vaccination was administered as a part of the official vaccination programme at a facility authorised by the department of health to vaccinate:
5.4.5establish the severity and duration of the injury;and
5.4.6determine the compensation payable, in line with Schedule 6.

 

5.5The Adjudication Panel may obtain expert opinions and advice where it deems it is necessary for the proper adjudication of a claim, and may refer a claimant for an external expert assessment.

 

5.6The Appeal Panel
5.6.1The Appeal Panel will consist of 3 or more permanent members and 2 additional members, who may be appointed by the Minister if additional expertise is required, who are appointed by the Minister following a nomination process, and subject to the criteria set out in these directions and the call for nominations, relating to qualifications, expertise and experience, and whose names shall be published on the Department of Health's website.
5.6.2The 3 permanent members of the Appeal Panel must include at least:
5.6.2.1an advocate or attorney with at least 15 years' experience, who is the Chairperson of the Panel;
5.6.2.2a medical practitioner or specialist, registered with the Health Professions Council of South Africa, who is not part of the NISEC causality assessment or the adjudication panel in respect of the claim concerned, and who has experience in assessment of compensation claims;
5.6.2.3a person who has financial expertise; and
5.6.2.4a person with experience in assessing personal damages and/or actuarial expertise, who has experience in assessment of compensation claims and is not linked to the adjudication panel.
5.6.3The Minister may appoint 2 (two) additional non-permanent members to the Appeal Panel if, in the opinion of the chairperson of the appeal panel:
5.6.3.1the issues before the Appeal Panel require an individual or individuals with particular expertise and/or skills; or
5.6.3.2the appointment of further members is required for the Appeal Panel to operate effectively.
5.6.4The Appeal Panel may obtain expert opinions and advice where it deems it is necessary for the proper adjudication of a claim, and may refer a claimant for an external expert assessment.