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.
Composition of the Constitutional Court in the first and second terms of 2015
Justice Chris Jafta is on long leave from 1 November 2014 to 31 March 2015. In addition, Justices Ray Zondo and Johann van der Westhuizen are on long leave from 1 February to 31 May 2015. The vacancy created by the retirement of Justice Thembile Skweyiya has not yet been filled.
In the stead of the judges on leave, and as against the current vacancy, Justice Zukisa Tshiqi and Justice Leona Theron of the Supreme Court of Appeal have been appointed as Acting Justices of the Constitutional Court until 31 May 2015. In addition, Judge‑President Mahube Betty Molemela, of the Free State High Court, has been appointed for the first two terms of 2015, until 31 May 2015. Deputy Judge-President Achmat Jappie, of the KwaZulu-Natal High Court, has been appointed for the first term of 2015, until 31 March 2015.BACK TO TOP