BLANTYRE-(MaraviPost)-The Constitutional Court sitting as a division of the High Court in Blantyre on Thursday dismissed a case challenging the exclusion of domestic workers from Malawi’s mandatory pension scheme, ruling that the decision by the Minister of Finance Joseph Mwanamveka was 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 infringe on constitutional rights.

The judges found that the exemption is justified due to the informal nature of domestic work, citing factors such as administrative feasibility, financial constraints, compliance challenges, and the need for gradual implementation of pension reforms.

The court further ruled that Mwanamveka acted within legal powers in exempting domestic workers under the Pension Act, agreeing with submissions made by Chrispine Kalusa from the Attorney General’s Chambers.

It also determined that the Domestic and Vulnerable Workers Association (DOVWA) lacked sufficient legal standing to institute the case.

The lawsuit, filed on behalf of domestic workers led by Eliza Steven, had argued that their exclusion from the scheme denied them 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.