By Chisomo Phiri
The Constitutional Court sitting as a division of the High Court in Blantyre on Thursday upheld the government’s decision to exclude domestic workers from Malawi’s mandatory pension scheme, ruling that the move by the Minister of Finance Joseph Mwanamveka is constitutional.
In a judgment delivered by Justices Jack N’riva, Chimwemwe Kamowa, and Allan Muhome, the court held that provisions under the Employment Act and the Pension Act do not violate constitutional rights.
The judges noted that the exemption is reasonable given the informal nature of domestic work, pointing to challenges such as administrative feasibility, financial constraints, compliance difficulties, and the need for a gradual approach to pension reforms.
The court further found that Mwanamveka acted within the law in exempting domestic workers under the Pension Act, agreeing with submissions from Chrispine Kalusa of the Attorney General’s Chambers.
It also ruled that the Domestic and Vulnerable Workers Association (DOVWA) did not have sufficient legal standing to bring the case before the court.
The case, filed on behalf of domestic workers and led by Eliza Steven, argued that their exclusion from the scheme deprived them of access to pensions, formal employment contracts, and broader social protection.
However, the court dismissed claims of discrimination and ordered each party to bear its own costs.
