Cape Town - The SA Domestic Service and Allied Workers Union (Sadsawu) has filed an application to the Constitutional Court to confirm that the exclusion of domestic workers from the Compensation for Occupational Injuries and Diseases Act (COIDA) is unconstitutional.
Sadsawu, together with Sylvia Mahlangu, the daughter of a deceased domestic worker, wants the apex court to confirm a landmark North Gauteng High Court ruling in May declaring the exclusion unconstitutional.
Mahlangu is represented by the Socio-Economic Rights Institute of SA (Seri). Her mother, Maria, died at her employer's home in 2016.
Mahlangu said in an affidavit that her mother was washing the outside top windows of a bedroom located next to a pool when she slipped off a step ladder, fell into the pool and drowned.
According to Mahlangu, her mother had earned R2 500 a month at the time of her death, and her mother's employers allegedly gave the family less than R5 000 after her death.