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

Regulations

Regulations issued in terms of Section 27(2) of the Disaster Management Act, 2002 (COVID-19)

Chapter 8 : COVID-19 Vaccine Injury No-Fault Compensation Scheme

101. Condonation

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(1)A person who—
(a)is affected by a vaccine injury which manifested on or before the date of publication of this amendment to the Regulations; and
(b)contends that he or she has been unfairly precluded from obtaining compensation from the Scheme by virtue of these amendments to the Regulations,

may apply to the Appeal Panel for condonation in order to have his or her claim fairly dealt with and adjudicated.

 

(2)The Appeal Panel may grant condonation to a person envisaged in subregulation (1) where it is of the view that to do so would be justified in all the circumstances and would promote the aims of the Scheme.

 

(3)In cases other than those envisaged in sub-regulations (1) and (2) above, the Appeal Panel may grant condonation for a failure to comply with a time period set by these Regulations or the Directions issued thereunder where:
(a)good cause has been shown for the failure to comply with the time period;
(b)granting condonation would not preclude a proper assessment of the claim, including the question of causality; and
(c)granting condonation would promote the aims of the Scheme.