https://www.polity.org.za
Deepening Democracy through Access to Information
Home / Press Office / Norton Rose Fulbright South Africa Inc RSS ← Back
Close

Email this article

separate emails by commas, maximum limit of 4 addresses

Verification Image. Please refresh the page if you cannot see this image.

Sponsored by

Close

Article Enquiry

Victory for domestic workers in the Constitutional Court

Verification Image. Please refresh the page if you cannot see this image.
Close

Embed Video

Victory for domestic workers in the Constitutional Court

20th November 2020

ARTICLE ENQUIRY      SAVE THIS ARTICLE      EMAIL THIS ARTICLE

Font size: -+

Today, judgment was handed down in the Constitutional Court of the Republic of South Africa which declared section 1(xix)(v) of the Compensation for Occupational Injuries and Diseases Act, 1993 unconstitutional to the extent that it excludes domestic workers employed in private households from the definition of “employee”, thereby preventing them from accessing workers’ compensation

This means that, for the first time, persons employed in private households will be able to apply for compensation when injured or when they contract a disease in the course of their employment. The dependants of domestic employees will also qualify to claim should their breadwinner sustain a fatal accident at work. This order will apply retrospectively, with the result that those who suffered claims prior to this order will also qualify to apply for compensation. 

Advertisement

The judgment found that the exclusion was discriminatory and infringed on domestic employees’ rights to dignity, equality and social security. It entrenches the “very system of racialized and gendered poverty that the Constitution seeks to undo.”

Norton Rose Fulbright, together with advocates Emma Webber and Lerato Phasha, represented the Commission for Gender Equality which intervened in the matter as amicus curiae in order to, inter alia, highlight to the Court the devastating impact that the exclusion has on black women in South Africa. The majority judgment noted the CGE’s tireless efforts in advancing the rights of women.

Advertisement

Submitted by Norton Rose Fulbright

EMAIL THIS ARTICLE      SAVE THIS ARTICLE ARTICLE ENQUIRY

To subscribe email subscriptions@creamermedia.co.za or click here
To advertise email advertising@creamermedia.co.za or click here

Comment Guidelines

About

Polity.org.za is a product of Creamer Media.
www.creamermedia.co.za

Other Creamer Media Products include:
Engineering News
Mining Weekly
Research Channel Africa

Read more

Subscriptions

We offer a variety of subscriptions to our Magazine, Website, PDF Reports and our photo library.

Subscriptions are available via the Creamer Media Store.

View store

Advertise

Advertising on Polity.org.za is an effective way to build and consolidate a company's profile among clients and prospective clients. Email advertising@creamermedia.co.za

View options
Free daily email newsletter Register Now