SERI worked with the Black Sash to produce a factsheet for domestic workers, paralegals and community advice offices to provide them with information about the Mahlangu v Minister of Labour matter, in which domestic workers successfully challenged their exclusion from the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA) previously known as Workmen’s Compensation.
On 19 November 2020 the Constitutional Court handed down a ground-breaking judgment on the Mahlangu matter, declaring the constitutional invalidity of section 1(xix)(v) of COIDA which excluded domestic workers employed in private households from the definition of "employee". This exclusion precluded domestic workers from claiming from the Compensation Fund for work-related injuries, illnesses or death. Significantly, the Court ruled that the order of constitutional invalidity is to have immediate and retrospective effect from 27 April 1994.
The factsheet explains how COIDA works, summarises the facts of the court case and explains the implications of the judgment for domestic workers.