It is clear that no legitimate objective is advanced by excluding domestic workers from COIDA. If anything, their exclusion has a significant stigmatising effect which entrenches patterns of disadvantage based on race, sex and gender…. In considering those who are most vulnerable or most in need, a court should take cognisance of those who fall at the intersection of compounded vulnerabilities due to intersecting oppression based on race, sex, gender, class and other grounds. To allow this form of state-sanctioned inequity goes against the values of our newly constituted society namely human dignity, the achievement of equality and ubuntu. To exclude this category of individuals from the social security scheme established by COIDA is manifestly unreasonable.
Nigel C. Gibson is the Director of the Honors Program at Emerson College. He is one of the leading scholars of the work of Frantz Fanon, and the author of Rethinking Fanon: The Continuing Dialogue (1999) Fanon: The Postcolonial Imagination (2003), and Biko Lives!: Contesting the Legacies of Steve Biko (Palgrave, 2003).