On Tuesday, the Constitutional Court will hear argument in a case which has significant implications for the rights of domestic workers. Domestic workers arewhich excludes them from claiming from the Compensation Fund for death, injury or disease during their employment. The Pretoria High Court ruled in their favour and the Constitutional Court must now decide whether to uphold that ruling or reject it.
Maria Mahlangu’s daughter, Bongi, and her son were financially dependent on her and sought compensation. The De Clerq family offered them R5,000, according to the court papers. Bongi Mahlangu approached the Department of Labour to enquire whether there was any possibility of compensation. However, she was informed that because her mother was a domestic worker she is not entitled to any claim in terms of the applicable legislation.
The High Court ruled in her favour and declared the legislation unconstitutional. The order was to have immediate effect and be retrospective. The legislation is irrational because it differentiates between domestic workers and all other categories of employee. The purpose of the legislation is to provide social security for workers. There is no legitimate government purpose which is advanced by excluding domestic workers, they argue. The state has also failed to establish why this differentiation is legitimate.
Domestic workers are the only category of employee who are not protected by other pieces of legislation. This fuels the perception that the work which domestic workers do is not “real work” worthy of respect.
Dear ConCourtSA, could you please suspend all your judgements... There are more important issues than domestic workers, gay rights, illegal immigrants; coronavirus is here!
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