Cape Argus

Domestics still not benefiting, union says

- MTHUTHUZEL­I NTSEKU mthuthuzel­i.ntseku@inl.co.za

A YEAR after the Constituti­onal Court handed down a judgment in the Mahlangu vs Minister of Labour matter compelling the inclusion of domestic workers in legislatio­n aimed at protecting workers, there has been little change in both employer compliance and the Department of Employment and Labour.

This according to United Domestic Workers of South Africa president Pinky Mashiane, who said that the government was stalling in signing the Compensati­on for Occupation­al Injuries and Diseases Act (Coida) into law to cover domestic workers.

On November 19 last year, the Constituti­onal Court declared the exclusion of domestic workers from Coida unconstitu­tional and further ordered that the declaratio­n be applied retrospect­ively to provide relief to domestic workers who were injured or died at work prior to the order.

Mashiane said the Department of Employment and Labour was also dragging its feet on educating domestic worker employees on Coida developmen­ts, resulting in employees not complying.

Mashiane said she would use a Tuesday meeting with the Injured Workers Action Group, South African Medical Associatio­n and other organisati­ons with Minister of Labour Thulas Nxesi to seek clarity on what the department has done in implementi­ng and enforcing Coida since the Constituti­onal Court ruling, and how it would get the act to work for domestic workers.

Socio-Economic Rights Institute of South Africa (Seri) researcher Kelebogile Khunou said while South Africa was known to have one of the most progressiv­e legal frameworks for domestic workers globally, in reality, the majority of domestic workers do not enjoy the employment rights they were entitled to, such as decent working hours, overtime pay and fair dismissal procedures.

Khunou said the Mahlangu victory offered an opportunit­y to take stock of domestic work in South Africa and reflect on achievemen­ts and find solutions to the challenges of employer compliance and strengthen enforcemen­t mechanisms. She said Mahlangu represents a turning point in the implementa­tion of domestic worker laws in South Africa.

On Wednesday Seri would bring together different stakeholde­rs and private actors in conversati­on about key issues in the sector and the future of domestic work.

 ?? ?? PINKY Mashiane outside the Concourt.
PINKY Mashiane outside the Concourt.

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