Dear Standing Committee on Appropriations,

I am writing to you today with a heavy heart and a plea for sympathy on behalf of my husband, Roebel Botha, and our fellow members of the "Focus group" consisting of approximately 124 injured police officials. We have been enduring a relentless struggle for over 25 years to bring our cases to a close and receive the compensation we deserve for the injuries we sustained while dutifully serving our community.

In the case of my husband, there was a glimmer of hope when a court order was issued by the Supreme Court of Appeal (ZA) - Department of Labour: Compensation Commissioner v Botha (326/2020) [2022] ZASCA 38; (2022) 43 ILJ 1066 (SCA) on 4th April 2022, following a hearing on 17th February 2022. (http://www.saflii.org/za/cases/ZASCA/2022/38.pdf) The order clearly stated that the matter should be remitted to a Tribunal for a decision on my husband's degree of disablement resulting from the accident on 26th January 1998. Furthermore, it emphasized that the Tribunal should finalize the matter within six months, including determining the amount of compensation payable to my husband.

Yet, as I write this plea today, 450 days later, which equates to 1 year and 2 months, on 28th June 2023, the order remains unfulfilled, and we are subjected to a constant barrage of excuses from both the tribunal and the Compensation Commissioner. It pains me to say that it seems as though time is being used as a tool to prolong our suffering, possibly waiting for my husband's health to deteriorate further or even for his passing. The thought that our lives and the justice we seek are being callously toyed with is utterly disheartening. What if it were you in this situation?

We are not alone in this struggle, as our group stands as a testament to the hundreds of unresolved cases that linger in limbo, denying people like us the closure and resolution we so desperately need. Each passing day without a resolution deepens the emotional and financial burden we carry, exacerbating our pain and thwarting our attempts to move forward with our lives.

I implore you, as our elected representative and as a compassionate individual, to take our plight to heart. We beseech you to use your influence and voice to bring attention to the appalling situation we find ourselves in. The wheels of justice must not be allowed to grind to a halt, leaving us trapped in a cycle of hopelessness and despair.

Furthermore, it perplexes us how adequate funds are available in the compensation fund, yet settlements are dragged out for years. It is crucial to note that the purpose of the act is ‘To provide for compensation for disablement caused by occupational injuries or diseases sustained or contracted by employees in the course of their employment, or for death resulting from such injuries or diseases; and to provide for matters connected therewith.’ The policy of the Act is to assist workmen as far as possible, and it should not be interpreted restrictively so as to prejudice a workman if it is capable of being interpreted in a manner more favourable to him. The Act is thus essentially concerned with providing appropriate social security to employees who have suffered disablement as a result of an occupational injury or disease, and its provisions are to be interpreted generously to promote this purpose.

Please advocate for the expedient resolution of our cases, ensuring that the Tribunal promptly fulfils its duty to determine my husband's degree of disablement and calculate the compensation rightfully owed to him. Additionally, we implore you to work towards a system that prevents such delays and inefficiencies, ensuring that others in our position do not have to endure the same protracted battles for justice.

I trust in your ability to empathize with our plight and to stand up for what is right. Your support in this matter would not only bring hope to our lives but also serve as a reminder that our voices matter and that we are not forgotten or forsaken.

With heartfelt gratitude and anticipation,

Charmaine Botha