Jooste v Score Supermarket Trading (Pty) Ltd

The applicant, an employee working as a cashier at the respondent’s supermarket, was injured after falling at work in December 1995. She instituted a delictual claim in the Eastern Cape High Court for general damages, alleging negligence on the part of the employer. The employer raised a special plea relying on section 35(1) of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA), which excludes employees’ common-law claims for damages against employers for occupational injuries. The applicant challenged the constitutionality of section 35(1), arguing that it infringed equality, access to courts, and fair labour practices under the Constitution.

The Constitutional Court refused to confirm the High Court’s declaration of constitutional invalidity. The appeal succeeded, the High Court order was set aside, the employer’s special plea was upheld, and the employee’s claim was dismissed. No order as to costs was made.

This case is a leading authority on the constitutionality of section 35(1) of COIDA and confirms the validity of the statutory workers’ compensation scheme in South Africa. It clarifies the scope of rationality review under the equality clause and underscores judicial deference to legislative policy choices in complex socio-economic regulation, particularly in labour and social security contexts.