The Government of the Kingdom of the Netherlands
the Government of the Republic of South Africa (hereinafter jointly referred to as the ``Parties" and separately as a ``Party")
Wishing to establish relations in the field of social security between the respective countries,
Desiring to regulate the cooperation regarding social security between the two countries to ensure the application of the relevant legislation in the respective countries,
Hereby agree as follows:
Article 2. Material scope
This Agreement shall apply with respect to the:
a) Kingdom of the Netherlands, to the Netherlands' legislation concerning the following branches of social security:
(i) sickness and maternity benefits;
(ii) disablement benefits for employed persons;
(iii) disablement benefits for self-employed persons;
(iv) old age benefits;
(v) survivors' benefits;
(vi) child benefits.
b) Republic of South Africa, to the following legislation:
(i) Social Assistance Act 1992 (Act No. 59 of 1992);
(ii) Labour Relations Act 1995 (Act No. 66 of 1995);
(iii) Pension Funds Act 1956 (Act No. 24 of 1956);
(iv) Compensation for Occupational Injuries and Diseases Act 1993 (Act No. 130 of 1993);
(v) Road Accident Fund Act 1996 (Act No. 56 of 1996);
(vi) Unemployment Insurance Act 1966 (Act No. 30 of 1966);
(vii) Basic Conditions of Employment Act 1997 (Act No. 75 of 1997).
Article 3. Competent Authorities
The competent authorities for the implementation of this Agreement shall be:
Article 4. Competent Institutions
Article 5. Personal scope
Unless otherwise provided, this Agreement shall apply to any beneficiary as well as to members of his/her family as long as they reside in the territory of one of the Parties.
Article 6. Export of benefits
Unless otherwise provided in this Agreement, the Netherlands' legislation which restricts payment of a benefit solely because the beneficiary or the member of his family resides outside the territory of the Kingdom of the Netherlands, shall not be applicable with respect to beneficiaries or to members of their families who reside in the territory of the Republic of South Africa.
Article 7. Identification
Article 8. Verification of applications and payments
2 Concerning the application for, or the legitimacy of payment of benefits, the competent institution of a Party shall, at the request of the competent institution of the other Party, verify the information regarding the beneficiary or the members of his family. If necessary, this verification is to be carried out by the relevant authorities. The competent institution shall forward a statement of the verification along with authenticated copies of the relevant documents to the competent institution of the other Party.
3 Notwithstanding paragraph 2, the competent institution of a Party shall, without prior request and to the extent possible, inform the competent institution of the other Party of any changes in the information regarding the beneficiary or the member of his family.
4 The competent institutions of the Parties shall contact each other, as well as the beneficiaries, the members of their family, or their representatives, directly.
6 The relevant authorities shall lend their good offices and act as though implementing their own legislation. The administrative assistance furnished by the relevant authorities shall be free of charge. However, the competent authorities or the competent institutions of the Parties may agree to certain expenses being reimbursed.
Article 9. Verification of information in case of sickness and invalidity
1 In order to determine whether a beneficiary or a member of his or her family is unable to work, the competent institution of a Party may use the medical reports and other information provided by the competent institution of the Party in whose country the beneficiary resides. The first mentioned competent institution may request the beneficiary or the member of his or her family to undergo a medical examination by a doctor of its own choice or a medical examination in its territory.
2 The beneficiary shall comply with any request referred to in paragraph 1 by presenting himself for medical examination. If the beneficiary feels that, for medical reasons, he is unfit to travel to the territory of the other Party, he shall inform the competent institution of that Party immediately. He shall, in that case, submit a medical statement issued by a doctor designated for this purpose by the competent institution in whose territory he resides. This statement shall include the medical reasons for his unfitness for traveling as well as the expected duration of this unfitness.
3 The costs of the examinations under this Article and, as the case may be, expenses for travel and accommodation, shall be borne by the competent institution at whose request the examination is carried out.
Article 10. Recovery of undue payments and administrative penalties
4 If a beneficiary has been unduly paid by a competent institution of a Party and he receives a benefit by the competent institution of the other Party, the first mentioned competent institution may request to balance the undue payment with the arrears or amounts still due to the beneficiary in the country of the last mentioned Party.
Article 11. Collection of contributions and administrative penalties
Article 12. Refusal to pay, suspension, withdrawal
Article 13. Implementation of the Agreement
The competent institutions of the Parties may establish, by means of supplementary arrangements, measures for the application of this Agreement.
Article 14. Data protection
1 Where, under this Agreement, the competent authorities or competent institutions of a Party communicate personal data to the competent authorities or competent institutions of the other Party, that communication shall be subject to the domestic law regarding the protection of data in the country of the Party providing the data. Any subsequent transmission as well as storage, alteration and destruction of the communicated data shall be subject to the domestic law regarding data protection in the country of the receiving Party.
Article 15. Settlement of disputes
Any disputes between the Parties arising out of the interpretation or implementation of this Agreement shall be settled amicably through consultations or negotiations between them.
Article 16. Amendment
This Agreement may be amended by mutual consent of the Parties through an exchange of notes between the Parties through the diplomatic channel.
Article 17. Entry into force
Article 18. Application of the Agreement
In relation to the Kingdom of the Netherlands, this Agreement shall only apply to the territory of the Kingdom in Europe.
Article 19. Termination of the Agreement
This Agreement may be terminated by written notice through the diplomatic channel at any time by either Party. In the event of the termination, this Agreement shall remain in force until the end of the calendar year following the year in which the notice of termination has been received by the other Party.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed and sealed this Agreement in duplicate in the English language both texts being equally authentic.
DONE at The Hague on this 16th day of May 2001.
For the Government of the Kingdom of the Netherlands
(s.) J. F. HOOGERVORST
For the Government of the Republic of South Africa
(s.) Z. S. T. SKWEYIYA