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.
IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
In the matter between:
THE ECONOMIC FREEDOM FIGHTERS Applicant//
THE SPEAKER OF THE NATIONAL ASSEMBLY
REPUBLIC OF SOUTH AFRICA First Respondent
PRESIDENT JACOB GEDLEYIHLEKISA ZUMA Second Respondent
NOTICE OF MOTION
TAKE NOTICE that in terms of the provisions of sections 167(4)(e), 167(6)(a) of the Constitution and rule 18 of the rules of the Constitutional Court, the applicant makes application to this Court for final relief in the following terms:
TAKE NOTICE THAT the founding affidavit of Mr Floyd Nyiko Shivambu annexed hereto and its annexures shall be used in support of this application.
TAKE NOTICE FURTHER that the Chief Justice is requested to issue directions concerning the manner in which this application shall be dealt with.
DATED AT JOHANNESBURG ON THIS THE 4th DAY OF AUGUST 2015.BACK TO TOP