NELSPRUIT – As if the trauma of her husband’s death three years ago was not enough, Ms Cedar Joubert is still struggling to settle the compensation claim with the Department of Labour’s compensation commission. In a candid exchange with Lowvelder, Cedar, now a registered psychological counsellor, emphasised that when the tasks following a loved one’s death already loom “like Mount Kilimanjaro at your feet,” the complicated and corrupt administrative systems of government can challenge a family.
Her husband, Francois, collapsed while working in an underground tank as an apprentice electrician in May 2011. He died two days later on May 7, two weeks after the birth of his daughter, Nina. At that time, the newspaper gathered from reliable sources that small amounts of carbon dioxide and methane gas were present in the tank at the time of the incident.
The initial cause of death was recorded as “inhalation of poisonous gases”, but was changed to natural causes relating to heart and lung disease six months later. This was again rejected after an independent investigation. A man who attempted to lift Francois from the tank also lost consciousness soon after being lowered into it. A court case regarding the circumstances surrounding his death is ongoing.
In the meantime, the widow and her two children are trying their utmost to survive.
When an employee dies as a result of an injury on duty, dependants may be entitled to compensation in terms of Section 54 (1) (b) of the Compensation for Occupational Injuries and Diseases Act (Coida).
It is based on the employee’s earnings at the time of death and the relevant wage ceiling set by the compensation commissioner. A widow will be entitled to 40 per cent of the pension which she will receive for life even if she remarries. She will also receive a lump sum equivalent to double the employee’s monthly pension.
The children will receive a portion of the pension up to a maximum of 20 per cent each until the age of 18, or if they die or marry before then. The total pension payable to all the children is a maximum of 60 per cent of the pension with a maximum of 20 per cent each.
Cedar’s efforts to claim the above and ensure the financial survival of her family have, however, been futile up to now. She has visited, emailed, faxed and telephoned the compensation commission on more than 12 occasions. The mostly one-sided correspondence is a repeat of the same desperate appeal – “tell me what more I can do to settle this claim?”
After submitting all the documentation indicated to her by the local officials, she had to hear several months later, that these were still outstanding, or she was informed of some new form that needed to be completed. “It is utterly exasperating that, as a widow with two small children, I am struggling and desperate for a conclusion,” one of her letters read.
An enquiry by Lowvelder to Ms Lerato Ramabasone of the Mpumalanga Compensation Fund only raised more questions; questions that no one at the local office seemed able to answer.
For example, Cedar explained in a response to Ramabasone about the alleged outstanding accident report and funeral receipt, “I was told by Ms Pretty Nkozi at the Nelspruit offices on March 19, 2012 and again on August 6, 2012 that an inspector would go to the employer, Lira Electrical to see if he had completed the (accident report) form correctly. If it is not signed then it is clear that it did not happen that way. If I am the one who may, can I sign the one you scanned and send it to you?” This has gone unanswered since 2011.
Also, “I have telephonically contacted the offices on July 25 last year as well as August 15 and spoke to a certain Pat, and emailed him on July 30 as well as August 21 to ask for whose attention I could send the receipt. Can I send it for Ramabasone’s personal attention please?” She had not received a response except that she must submit an invoice and not a receipt.
The trauma of losing a loved one
After her husband’s death, Joubert commenced with her studies and was now a qualified counsellor, specialising in grief and bereavement. From this professional standpoint, she commented on the impact that the mismanagement of the system had on family members:
When a person finds himself in the offices of the compensation commissioner, it means that a loved one recently died unexpectedly or that family and co-workers have had to bear witness to the steady decline and eventual death due to injuries sustained on duty. This definitely leads to an extended and complicated process of grief.
There is a parallel process of forgiveness that accompanies the grief, where the fatality was due to negligence of an employer or colleague.
In the case of families that have to endure the unsympathetic treatment of the Department of Labour, and often that of the court system, the process can at times become unbearable.
To be sent from pillar to post due to the incompetence of an administrator is an extremely negative experience for anyone in that position. There are many examples of people who end up across the desk from an unsympathetic, unwilling or incompetent official, with no attempt being made to let the process run as smoothly as possible.
Very few of them seem to grasp that those widows, widowers and children are often totally dependent on the compensation to survive financially.
Taking into account the processes of grief, including shock, denial, anger, depression and acceptance – when someone is faced with a corrupt system, this can keep them locked in one or more stages for a longer time than usual.
The office of the compensation commissioner can make such a positive contribution as it plays an integral role in supporting these victims, but instead it currently acts as a stressor that enhances emotional, spiritual and physical suffering.
As a parent, you don’t need to always appear “strong” in front of your children. Everyone can cry together and reassure one another that better days will come again. If a parent does not display normal behaviour such as crying, children might think they are also not allowed to show this kind of reaction. Don’t burden them with details regarding investigations, finances or court proceedings. Encourage them to talk to you about their feelings and fears and be available to answer any questions on an age- appropriate level. Sometimes you will have to let feelings of pride take a backseat and ask for assistance. This could be in the form of a car pool to take kids to school and fetch them for example.
Enquires: Cedar Joubert on cedar.joubert@gmail.com or 084-899-8099.
