On Thursday, 31 July 2025, Notice 6462 was published in Government Gazette No. 53097. In terms of the first portion of the notice, the Minister of Health ("the Minister") has adjusted the levies payable by controlled mines and works to the Mines and Works Compensation Fund as determined by the Compensation Commissioner ("the Commissioner") in terms of section 62 of ODMWA effective from 01 August 2025.
In terms of sections 62(1) to 62(3) of ODMWA, the Commissioner is empowered to:
- determine the amount (levy) payable by an owner of a controlled mine or works for the benefit of the Compensation Fund;
- the Commissioner may determine different amounts in respect of different categories, groups or classes of controlled mines or works;
- the Commissioner is required, once a determination has been made, to notify in writing the owner of the mine or works in question of the amount and in such notice the Commissioner shall:
- set out details and information considered adequate to explain the determination; and
- specify the date from which the determination takes effect.
The determined levy amount/s are paid into the Mines Account (section 70 of ODMWA) and the Works Account (section 71 of ODMWA).
The Minister does not have the power to adjust levies and to issue notifications in terms of such adjusted levies in terms of section 62 of ODMWA. For that reason, the adjustment of the levies by the Minister does not have any force and effect.
As stated in the notice the levies were determined by the Commissioner. The obligation of the owner to pay the increased levies will only commence once the Commissioner has notified the owner in writing of the necessary detail and information as required in section 62(3) of ODMWA, as well as the date from which the determination takes effect.
In terms of section 63 of ODMWA the Minister is empowered to determine amounts payable by owners of controlled mines or works relating to research (which amounts are payable into the research account). The second portion of the notice deals with the unchanged amount payable as a research levy. This is superfluous as there is no reason to confirm what remains unchanged.
Click here to view a copy of the Notice adjusting the levies payable in terms of ODMWA (Notice No. 6462).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
