Disaster Management Act, 2002 (Act No. 57 of 2002)RegulationsRegulations issued in terms of Section 27(2) of the Disaster Management Act, 2002 (COVID-19)Chapter 8 : COVID-19 Vaccine Injury No-Fault Compensation Scheme96. Effect of submission of claims on right to claim damages in court proceedings |
(1) Any person who elects to submit a claim to the Scheme in terms of these Regulations thereby agrees to follow and abide by the procedure for the adjudication and appeal of claims set out in these regulations.
| (2) | Any person who elects to submit a claim to the Scheme in terms of these regulations and is awarded compensation from the Scheme thereby abandons their right to institute a damages claim in a Court against any party arising from harm, loss or damage allegedly caused by a COVID-19 Vaccine Injury. |
| (3) | The provisions of this regulation shall not affect the right of any claimant to review an adverse decision in the High Court in terms of the Promotion of Administrative Justice Act, 2000. |
| (4) | The Cabinet member responsible for Health must ensure that the form for submitting a claim contemplated in regulation 95(4)(a) explains in plain language the effect of regulations 96(1) to 96(3). |