Mbabane– A legal dispute has emerged after Minister for Justice and Constitutional Affairs Prince Simelane asked the High Court to dismiss a case challenging the exclusion of domestic workers from compensation laws.
The application was brought by Hlumisile Rose Matsebula alongside the Swaziland Domestic Workers Union. They are contesting provisions of the Workmen’s Compensation Act of 1983, which do not recognise domestic workers as employees eligible for compensation in the event of workplace injuries.
Matsebula, who previously worked as a domestic worker, approached the court after she was injured while performing her duties. Together with the union, she argues that the law unfairly leaves domestic workers without protection that is afforded to other categories of employees.
In response, the State has questioned whether the applicants are properly before the court. While acknowledging Matsebula’s personal interest and the union’s role, the respondents argue that the case cannot be pursued in the broader public interest, as the Constitution does not clearly allow such action.
The minister’s side further maintains that the applicants are relying on constitutional principles that do not carry binding legal force. They argue that introductory sections of the Constitution cannot be used to create enforceable rights.
On the issue of equality, the State insists that treating workers differently is not automatically unconstitutional. It argues that domestic work, which takes place in private homes, differs significantly from employment in formal business settings and requires a different regulatory approach.
According to the respondents, extending compensation laws to private households could create practical and administrative difficulties for employers who are not structured like companies.
They also told the court that domestic workers still have alternative legal options, including pursuing claims under common law.
The State additionally raised procedural concerns, saying the applicants did not properly frame some of the constitutional issues in their initial filing. As a result, it argues the court cannot grant orders that were not clearly requested.
On international law, the respondents submitted that global labour standards do not automatically apply in Eswatini unless they are formally adopted into local legislation.
The matter, in which the applicants are represented by human rights lawyer Sibusiso Nhlabatsi, is still pending before the High Court.
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