WHAT: On Wednesday, 6 November 2019, the South African Domestic Service and Allied Workers Union (SADSAWU) and Sylvia Mahlangu filed an application in the Constitutional Court to confirm the unconstitutionality of the exclusion of domestic workers from the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA).
SERI represents Sylvia Mahlangu, the surviving daughter of a domestic worker, Maria Mahlangu, and SADSAWU in a challenge against the constitutionality of section 1 of COIDA. Maria died at her employer’s home during the course of her employment. Under the Compensation for Occupational Injuries and Diseases Act (COIDA), her daughter was precluded from claiming from the Compensation Fund which compensates employees, or their survivors, for work-related injuries, illnesses or death.
On 23 May 2019, the North Gauteng High Court handed down an order declaring the exclusion of domestic workers from COIDA as unconstitutional. The Court, in October 2019, further ruled that the declaration of invalidity must be applied retrospectively to provide relief to other domestic workers who were injured or died at work prior to the granting of the order. SERI, on behalf of Ms Sylvia Mahlangu and SADSAWU, is now approaching the Constitutional Court to confirm these two orders.
SADSAWU, Ms Sylvia Mahlangu and SERI will address members of the media on the negative impact of the exclusion of domestic workers from COIDA and the importance of a retrospective application of the declaration of invalidity.
WHEN: Thursday, 7 November 2019 at 10:00 to 11:30.
WHERE: SERI Conference Room, 6th floor Aspern House, 54 De Korte Street, Braamfontein, Johannesburg.
WHO: Sylvia Mahlangu (main applicant), Thulani Nkosi (SERI senior attorney), Eunice Dhladhla (SADSAWU organiser) and Pinky Mashiane (former SADSAWU organiser).
ADDITIONAL INFORMATION: Read more about the case and access the court papers: https://bit.ly/2JPrAh4.