Court rejects domestic workers case

The High Court in Blantyre, acting as a Constitutional Court, has rejected an application from domestic workers who were contesting two statutory provisions, suggesting that these provisions prevent the workers from having binding employment contracts and pension benefits.

The claimants, Eliza Steven and the Registered Trustees of the Domestic and Vulnerable Workers Association, sought the repeal of certain aspects of section 27 (4) of the Employment Act and section 11 of the Pension Act, claiming they are discriminatory.

The domestic workers aimed to obtain the court’s assistance to ensure they could benefit from the mandatory pension scheme, arguing that the disputed provision excludes other workers from the contributory pension scheme.

In response, the defendants, the office of the attorney general and the registrar of financial institutions, defended the two provisions as constitutional, urging the court to dismiss the case.

Ultimately, Judges Jack N’riva, Chimwemwe Kamowa, and Allan Muhone ruled against the applicants’ arguments, asserting that the provisions in question do not infringe upon the workers’ freedoms.