Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973)Chapter IV : Certification of compensatable diseases39. Establishment and constitution of certification committee |
| (1) | There shall be established a committee, to be called the Medical Certification Committee for Occupational Diseases, which shall exercise the powers and perform the functions conferred upon or assigned to it by this Act. |
| (2) | The certification committee shall consist of the director and not less than three or more than five other members to be appointed by the Minister, who shall be medical practitioners and of whom, subject to the provisions of subsection (4)— |
| (a) | one shall be a medical practitioner whose name has been submitted to the Minister in terms of that subsection by the owners of controlled mines and controlled works or by an organization or organizations qualified, in the opinion of the Minister, to act on behalf of such owners; and |
| (b) | one shall be a medical practitioner whose name has been so submitted by an organization or organizations qualified, in the opinion of the Minister, to act on behalf of persons who perform risk work at controlled mines or controlled works. |
| (3) | The director shall ex officio be the chairman of the certification committee. |
| (4) |
| (a) | When a member of the certification committee is to be appointed under paragraph (a) or (b) of subsection (2), the Minister shall cause a written communication to be sent to the owners or the organization or organizations referred to in the said paragraph (a) or, as the case may be, to the organization or organizations referred to in the said paragraph (b), containing a request for the submission to him, for the purposes of the paragraph in question and within a period stated in the communication not being less than forty-five days, of the names of not less than three medical practitioners. |
| (b) | If such request is not complied with, the Minister may appoint any medical practitioner as a member of the certification committee in the place of the member contemplated in the paragraph in question or, at his discretion and provided the certification committee already consists of not less than three members apart from the director, refrain from making any appointment. |
| (5) | The Minister may appoint in respect of any member of the certification committee an alternate or so many alternates as he or she may consider necessary, who shall be a medical practitioner or medical practitioners and who, in the case of an alternate to a member appointed in terms of subsection (2) (a) or (b), shall be appointed in the same manner as such member. |
| (6) |
| (a) | The chairman and a majority of the other members of the certification committee shall constitute a quorum at any meeting thereof. |
| (b) | The Minister may make such rules as he or she may consider necessary or desirable for the proper functioning of the certification committee. |