Apex court to hear case of drowned domestic
THE daughter of a domestic worker who drowned while on duty is leading the legal battle for the inclusion of domestic workers in the Compensation for Occupational Injuries and Diseases Act (Coida), which will be heard in the Constitutional Court today.
The apex court is expected to hear arguments to confirm that the exclusion is unconstitutional.
Sylvia Mahlangu’s mother was washing her employer’s windows when she slipped off a step ladder, fell into the pool and drowned in 2012.
To date, Mahlangu has not received any compensation for her mother’s death.
With the support of the SA Domestic Service and Allied Workers Union (Sadsawu), she successfully challenged the constitutionality of Section 1(xix)(v) of the Coida in the North Gauteng High Court in 2019.
The act excludes domestic workers employed in private households, which means that, unlike other workers, domestic workers and their dependants have no safety net against loss of income due to workplace injury or death.
In May last year, the North Gauteng High Court declared the exclusion of domestic workers from Coida constitutionally invalid.
In October, it further ruled that the declaration of invalidity must be applied retrospectively to provide relief to domestic workers who were injured or died at work prior to the granting of the order, as in the case of Mahlangu.
On behalf of Mahlangu and Sadsawu, the Socio-Economic Rights Institute of South Africa (Seri) approached the Constitutional Court to confirm the orders.
“If these two orders are confirmed by the Constitutional Court, it will have significant implications for employers of domestic workers.
“Under terms prescribed by the Department of Employment and Labour, employers would have to contribute a monthly amount to the Compensation Fund for their domestic employees from a specified date.
“In the event of injuries, diseases or death arising out of and in the course of employment, statutory benefits will be paid from the fund to employees or dependants of deceased employees,” said Seri advocacy officer, Edward Molopi.