Mahlangu and Another v Minister of Labour and Others

Ms Sylvia Bongi Mahlangu was employed as a domestic worker in a private household in Pretoria for 22 years. On 31 March 2012, she drowned in her employer’s swimming pool while performing her duties. Her daughter, who was financially dependent on her, sought compensation under the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA). She was informed that domestic workers employed in private households were excluded from COIDA’s definition of “employee” and therefore not entitled to compensation. Assisted by the South African Domestic Service and Allied Workers Union (SADSAWU), she challenged the constitutionality of section 1(xix)(v) of COIDA, which expressly excluded domestic workers from coverage. The High Court declared the provision unconstitutional with retrospective effect. The matter came before the Constitutional Court for confirmation of that order.

The declaration of constitutional invalidity of section 1(xix)(v) of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 was confirmed. The order was given immediate and retrospective effect from 27 April 1994. The Minister of Labour was ordered to pay the applicants’ costs.

This judgment is a landmark decision advancing the rights of domestic workers in South Africa. It extends statutory social security protection under COIDA to domestic workers employed in private households, recognising their vulnerability and the historical and systemic discrimination they face. The case affirms an intersectional approach to equality analysis and strengthens constitutional protection for socio-economic rights, particularly for marginalised groups predominantly composed of Black women.