Sasol Synthetic Fuels (Pty) Ltd v Lambert and Others

Mr Lambert, employed as a welder by a labour broker (ABC Recruitment (Pty) Ltd), was fatally injured in a workplace accident at Sasol’s plant after a Sasol employee negligently allowed gas to escape, causing a fire. His widow and dependent children received statutory compensation under the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA), partly in the form of a pension. They instituted delictual claims for loss of support against Sasol and its employee as third parties. The legal dispute concerned whether the compensation received under COIDA had to be deducted from any common-law damages awarded, given the prohibition on deducting pensions under the Assessment of Damages Act 9 of 1969.

The appeal was upheld with costs. The order of the court a quo was set aside and replaced with a declaration that compensation received by the plaintiffs under COIDA must be deducted from any common-law damages awarded, and the plaintiffs were ordered to pay the costs of the trial to date, jointly and severally.

The case authoritatively clarifies the interaction between COIDA and the Assessment of Damages Act, confirming that statutory compensation for workplace injuries or death—whether paid as a pension or otherwise—must be deducted from delictual damages claimed against third-party tortfeasors. It reinforces long-standing interpretations of workers’ compensation legislation and affirms key principles of statutory interpretation in South African law.