Minister of Defence and Military Veterans v Thomas

The respondent, Dr Liesl-Lenore Thomas, was a medical doctor employed by the Western Cape Provincial Government in its Department of Health. While on secondment to the 2 Military Hospital in Wynberg, which was under the control of the national Minister of Defence and Military Veterans, she fell down a stairwell and sustained bodily and psychological injuries. She claimed statutory compensation under the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA) from her provincial employer, which was undisputed. In addition, she instituted a delictual claim for workplace damages against the Minister of Defence, alleging negligence by hospital staff. The Minister raised a special plea relying on section 35(1) of COIDA, contending that Dr Thomas was employed by the State as a single employer, which barred any common-law damages claim.

Leave to appeal was granted, but the appeal was dismissed with costs, including the costs of two counsel. The Supreme Court of Appeal’s order allowing Dr Thomas’s delictual claim against the Minister to proceed was upheld.

The case clarifies that, for purposes of COIDA, the State is not a single employer across all spheres of government. It affirms that employees injured while seconded may pursue delictual claims against a different sphere of government as a third party. The judgment strengthens access to remedies for occupational injuries and reinforces a rights-consistent interpretation of section 35(1) of COIDA, grounded in bodily integrity and security of the person.