Assignment 1 Semester 1 2026
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Due Date: March 2026
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, QUESTION 1
1.1 Two Key Limits That Decide Whether a Disease Is Covered by the
Occupational Diseases in Mines and Works Act 78 of 1973 (5)Workplace and
Industry Scope:
A key limit in ODIMWA is that it only applies to persons employed in mines or
controlled works as defined in the Act. This means that the law is restricted to the
mining sector and workplaces connected to mining activities. If a worker contracts a
disease outside this defined environment, ODIMWA does not apply because the
statutory framework is specific to mining and related works.
List of Recognised Diseases:
Another limit is the type of disease that qualifies under the Act. Only diseases that
have been officially determined to be compensatable and that arise from risk work in
mines or works are covered. These are typically serious occupational conditions
such as certain lung diseases. Diseases that are not listed or cannot be proved to
result from risk work are excluded from compensation under ODIMWA. This restricts
coverage to a specified list of occupational diseases.
These limits ensure that ODIMWA only compensates diseases that arise directly
from high-risk mining work in statutorily recognised workplaces and for conditions
explicitly listed in the Act.
1.2 One Way in Which ODIMWA Differs from COIDA in Terms of Scope and
Application (5)
ODIMWA and the Compensation for Occupational Injuries and Diseases Act 130 of
1993 (COIDA) differ mainly in scope and application. ODIMWA applies exclusively
to mine workers and controlled works for specific occupational diseases arising in
that sector. In contrast, COIDA covers most employees across all industries in
South Africa, regardless of sector, and provides compensation for a broader set of
occupational injuries and diseases. COIDA is designed to operate as a general
workplace compensation system for employees throughout the country, while
ODIMWA remains a specialised regime for mining-related disease compensation.
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