2.
The 1st Defendant, the Attorney General, is the principal legal advisor of the
Government of Malawi and represents the Ministry of Labour and the
Ministry of Finance, which are responsible for regulating and implementing
the Employment Act, Cap. 55:02 of the Laws of Malawi (the ‘Employment
Act’) and the Pension Act No. 6 of 2023 (the ‘Pension Act’), respectively.
3.
The 2nd Defendant is the Registrar of Financial Institutions appointed under
section 8 of the Financial Services Act, Cap. 44:05 of the Laws of Malawi, as
the supervisory and regulatory authority for the financial services industry
which includes pension services.
4.
The Court admitted four Amici Curie, the Women Lawyers Association
(WLA), the Initiative for Strategic Litigation in Africa (ISLA), the Centre for
Human Rights (CHR) and the Institute for Human Rights and Development
in Africa (IHRDA).
Case for the 1st Claimant
5.
The 1st Claimant brought this constitutional challenge on the basis that two
statutory provisions exclude domestic workers and workers in private sector
establishments with fewer than five employees from: -
a) being provided with written particulars of employment (under section
27(4) of the Employment Act); and
b) participating in a contributory pension scheme (under section 11 of the
Pension Act).
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