Van Ryn Deep Gold Mining Company Ltd v Director of Native Labour [1915] ZATPD 122 (21 October 1915)

Reported
Flynote

Miners' Phthisis Compensation.-Act 19 of 1912, sec. 30.-Native labourers' claims.-Regulations as to procedure.-Medical adviser' s cerfrficate.-lnterpretation.

Case summary

Act 19 of 1912, sec. 30 (2), provides that the procedure for claiming or recovering any sum under the section shall be as prescribed by regulation. Held, that the word " procedure " must be interpreted in its widest sense and that, accordingly, the Governor-General-in-Council may by regulation constitute the,
Director of Native Labour a court not merely to assess the amount of compensation payable, but also to determine all the matters referred to in the
section as conditions precedent to any award being made. The medical adviser's certificate which, as provided by sec. 30 (2), must be furnished
to the Director before he can make an award is not conclusive evidence that the native labourer is suffering from miners' phthisis, and may be
rebutted by the defendant, whom the Director is bound to hear on all issues at the inquiry.


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