Daughter of drowned domestic worker takes fight to ConCourt

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Daughter of drowned domestic worker takes fight to ConCourt

FREE TO READ | The law kept compensation out of the struggling family’s reach, but a ruling has set the wheels of change in motion

Journalist

The daughter of a domestic worker who drowned after falling into a swimming pool at her workplace has gone all the way to the Constitutional Court to change the law.

When Sylvia Mahlangu’s mother Maria died in March 2012, she was told she could not to claim compensation under the Occupational Injuries and Diseases Act because domestic workers in private households were not defined as employees and were therefore exempt from the act. 

In 2015, with the help of the Wits law clinic and the South African Domestic Service and Allied Workers Union, Mahlangu took the case to the High Court in Pretoria, which in May this year declared the act unconstitutional and invalid...

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