Mahlangu and Another v. Minister of Labour and Others, ZACC 24

Nature of the Case

Sylvia Bongi Mahlangu, the daughter of a South African domestic worker, Maria Mahlangu, sued the government’s labour office when she was denied benefits under the Compensation for Occupational Injuries and Diseases Act (COIDA) after her mother’s death in a work accident. The court found that the denial of benefits to individuals employed as domestic workers (and to their families) under COIDA was unconstitutional. The court relied upon Sections 9, 10 and 27(1)(c) of the South African Constitution and South Africa’s obligations under regional and international law.

Enforcement of the Decision and Outcomes

In addition to having immediate effect, the striking of COIDA’s section 1(xix)(v) as unconstitutional was given retrospective effect back to 27 April 1994. The Department of Labour was required to pay the applicant’s costs.

Significance of the Case

This case is significant in its call for the value of domestic workers’ labor to be recognized and not subject to discrimination, a key demand of domestic workers around the globe. This case also integrates the concept of intersectionality into legal precedent. It argues that domestic workers are not solely oppressed because they are most often women, or because they are most often Black, but also because they are most often Black women and that the case cannot be adjudicated without a deeper look into the lived reality of Black women who conduct domestic work and the manner in which the COIDA exclusion discriminated against them in multiple and intersecting ways.

Groups Involved in the Case

• Socio-Economic Rights Institute of South Africa (SERI)
• South African Domestic Service Allied Workers Union (SADSAWU)
• Women’s Legal Centre (amicus)
• Commission for Gender Equality (amicus)