In late 2024, SERI and the Nelson Mandela Foundation hosted a commemorative dialogue entitled "Four Years after Mahlangu: A Reflection" on 21 November in Johannesburg. The event marked the fourth anniversary of the landmark Constitutional Court judgment in the matter Mahlangu v Minister of Labour which saw the inclusion of domestic workers employed in private households in the definition of “employee” in section 1(xix)(v) of the Compensation for Occupational Injuries and Diseases Act (COIDA).
Over the last three years, SERI and the Nelson Mandela Foundation have co-hosted the “Mahlangu” events important event to take stock of domestic work in South Africa and to create a dialogue between government, civil society organisations and members of the public about key issues in the sector. Following each commemorative event SERI, alongside South African Domestic Service and Allied Workers Union (SADSAWU), Izwi Domestic Workers Alliance and United Domestic Workers of South Africa (UDWOSA), has been engaged in multiple efforts aimed at implementing the judgment including research, engaging the Compensation Fund in periodic multi-stakeholder meetings, offering workshops for domestic workers and participating in media interviews on the subject.
The purpose of "Four Years after Mahlangu: A Reflection" was to bring together key stakeholders engaged in collective conversation and action throughout the last four years, to pause to reflect on progress made and identify the obstacles which stand in the way of realising the rights of domestic workers. The event was attended by 44 people, including representatives from domestic workers unions, Compensation Fund, Unemployment Insurance Fund, Commission for Conciliation, Mediation and Arbitration (CCMA), South African Human Rights Commission, Women in Informal Employment: Globalizing and Organizing (WIEGO), Solidarity Centre, Hlanganisa, UN Women, University of Johannesburg, Yesdomestic (Pty) Ltd and Domestic Support. Two journalists covered the event.
The discussion recognised the need to integrate strategies to realise the employment rights of domestic workers across various pieces of legislation including the Basic Conditions of Employment Act, Labour Relations Act, Compensation for Injuries and Diseases Act, Unemployment Insurance Act and National Minimum Wage Act. A major take-away was the need for the Department of Employment and Labour and its branches to pursue a parallel strategy to counter the culture of non-compliance with labour legislation amongst employers of domestic workers. This would include the strengthening of the ongoing public awareness campaigns as well as putting in place penalties and consequences for non-compliant employers of domestic workers.
A significant output of the event was the proposal to create a working group focusing on enforcement in the domestic work sector, building on the periodic meetings convened by the Compensation Fund in which SERI and the domestic worker unions have been participating. The working group would be opened up to include officials from the Department of Employment and Labour, including the Labour Inspectorate, Unemployment Insurance Fund, associations for employers and other civil society organisations. Topics for discussion, planning and implementation would include 1) inspecting private households, 2) penalties for non-compliant employers and 3) clarification of certain issues regarding migrant domestic workers.
SERI looks forward to the formation of this working group in early 2025.