Coida amendment may benefit domestic workers
SA domestic workers may soon see a change in their legal status, notes a Mail & Guardian Online report. Maria Mahlangu had been a domestic worker for two decades when she drowned in her employer’s pool. She was employed by the De Clercq family for 22 years. But when she died, they offered her daughter, Bongi Mahlangu, R5 000 as compensation.
After the funeral, Mahlangu and her aunt approached the Department of Labour to inquire about claiming compensation. They were told they could not be compensated as Maria Mahlangu’s dependants because domestic workers were excluded from the benefits of the Compensation for Occupational Injuries and Diseases Act No. 130 of 1993 (Coida).
With help from the South African Domestic Service and Allied Workers Union (Sadsawu), Mahlangu approached public interest law firm Wits Law Clinic and later the Socio-Economic Rights Institute (Seri) to challenge the constitutionality of domestic workers being excluded from Coida.
The matter was heard at the Gauteng High Court (Pretoria) where it was postponed indefinitely.
It was during this postponement, late last year, that the department published an amendment Bill to Coida for public comment.
If the amendments are adopted into law, domestic workers will be eligible to claim from the compensation fund if they are injured, contract a disease or die at their place of work. This change of heart by the department, a respondent in the case, rendered it moot.
Seri said the case is now on hold because of the amendment.
Sadsawu views Coida’s exclusion of domestic workers as irrational and unconstitutional because it limits domestic workers to civil claims against an employer, the report states.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
