68. The Respondents in the Press Trust Case had asserted that the 1995 Press
Trust (Reconstruction) Act was in substantive breach of certain provisions
contained in Chapter IV of the Constitution including the right to equal
protection of the law. The Supreme Court of Appeal rejected this assertion
and stated as follows: …in our view, the Press Trust is not like any other known trust in Malawi,
because its tentacles spread throughout the whole of the Malawian
economy. The
Press
Trust
(Reconstruction)
Act
is,
therefore,
not
discriminatory because of its unique character, and further because it did not
alter the original nature of the Press Trust.
69. It is the conclusion of this Court that the inclusion of domestic workers in the
Ministerial Pension (Exemption) Order does not, of itself, negate the right of
domestic workers to equal and effective protection under the law. This is the
case when one considers that the concept of equal protection under the law
postulates for the application of ‘the same law alike and without
discrimination to all persons similarly situated’.
70. To illustrate the point that domestic workers have a unique character and the
mandatory pension regime under the Pension Act cannot apply to them in the
same manner or similarly or ‘alike’ workers in formal employment, an
example can be given of the innovative pension scheme coverage for the
informal sector in Zambia. In Zambia, the National Pension Scheme
(Informal Sector) (Membership and Benefits) Regulations, 2019 were
promulgated as a way of extending pension scheme coverage beyond the
formal economy.
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