New hope for domestic workers’ rights with landmark court ruling

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The Pretoria high court has handed down an order declaring that the exclusion of domestic workers from the Compensation for Occupational Injuries and Diseases Act is unconstitutional.

The rights of South Africa’s approximately one million domestic workers was at the centre of a landmark court ruling last week.

The matter was brought to the court in 2016 by Sylvia Mahlangu, the surviving daughter of a domestic worker, Maria, who died at her employer’s home in Pretoria while she was working. Mahlangu said she approached the department of labour to enquire about compensation for her mother’s death, which left her and her son “financially destitute”.In October last year, Labour Minister Mildred Oliphant published the proposed amendments to COIDA to cover domestic workers.

The Socio-Economic Rights Institute, which represents Mahlangu in the litigation, will further be arguing that the declaration of invalidity must be applied retrospectively.

 

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