South African Constitutional Court's Landmark Ruling on COIDA and Domestic Workers

The Constitutional Court of South Africa, in the case of Mahlangu and Another v Minister of Labour and Others (CCT306/19) [2020], made a pivotal decision regarding the rights of domestic workers. This ruling addresses the exclusion of domestic workers from the definition of "employee" under the Compensation for Occupational Injuries and Diseases Act (COIDA).

The Case Background

Issue at Hand

• Section 1(xix)(v) of COIDA: Previously, this section excluded domestic workers employed in private households from being classified as "employees", thereby denying them social security benefits under COIDA.

Constitutional Court's Judgment

• Declaration of Unconstitutionality: The Court found this exclusion unconstitutional, granting domestic workers the same protections as other employees.

• Immediate and Retrospective Effect: The ruling applies retrospectively from 27 April 1994, ensuring justice for past grievances.

Significance of the Ruling

The Court recognized the vital role of domestic workers in society, acknowledging their sacrifice and contribution to the economic well-being of the country. This judgment is a step towards rectifying long-standing inequalities in the workforce.

Compliance for Employers of Domestic Workers

Steps for Employer Compliance:

1. Registration with the Compensation Fund:

   • Complete the Registration of Employer Form.

   • Submit the form with a copy of your ID to the Compensation Commissioner’s office.

2. Annual Return of Earnings:

   • After receiving a registration number, annually submit a Return of Earnings.

   • The contribution to the fund will be determined based on this return.

Important Note:

• Employers must not deduct contributions to the Compensation Fund from their domestic workers' earnings.

Legal Assistance and Guidance

This landmark ruling necessitates action from employers of domestic workers. Our law firm offers legal assistance to ensure compliance with the new regulations and to support the rights of domestic workers.

Conclusion

The Constitutional Court's decision marks a significant advancement in labor rights for domestic workers in South Africa. It underscores the importance of equal protection under the law for all workers, irrespective of their employment sector. For more information on the implications of this ruling or for assistance in complying with COIDA regulations, please contact our law firm. Our experienced legal team is ready to provide expert advice and support.