Liesl-Lenore Thomas v Minister of Defence and Military Veterans

The appellant, Dr Liesl-Lenore Thomas, was employed as a medical registrar by the Western Cape Provincial Government: Department of Health. While seconded to work at 2 Military Hospital, a facility under the control of the Minister of Defence and Military Veterans, she slipped and fell on stairs and sustained bodily injuries. She lodged a compensation claim under the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA) with her provincial employer, and in addition instituted a delictual damages claim against the Minister. The Minister raised a special plea contending that, because the State is a single employer for purposes of COIDA, section 35(1) barred any damages claim against another organ of state.

The appeal was upheld with costs. The order of the Western Cape High Court was set aside and replaced with an order dismissing the Minister’s special plea with costs.

This case clarified that, for purposes of COIDA, the State is not treated as a single employer. Different organs and departments of state are separate employers, allowing public servants to sue other state entities in delict where section 35(1) does not apply. The decision is significant for claims involving interdepartmental or intergovernmental liability and confirms employees’ rights to pursue third-party claims against organs of state.