118. We also find that the limitation does not offend the principles of national policy requiring the State to actively promote the welfare and development of the people of Malawi by progressively adopting and implementing policies and legislation aimed at achieving ‘a sensible balance between the creation and distribution of wealth through the nurturing of a market economy and long-term investment in health, education, economic and social development programmes’ under section 13 (n) of the Constitution. 119. Neither do we find section 27(4) discriminatory, as against domestic workers under section 20: it targets all employees where their employer employs less than 5 employees, it therefore affords domestic workers equal protection under the law. An employer and an employee, so minded, are not prohibited from having a written contract, if they wish to, which is not a requirement of the law, anyway. 120. Section 27(4) does not take away the State’s obligation to introduce reforms aimed at eradicating social injustices and inequalities under section 30(3). Lastly, it is our considered view that the restriction does not negate the right to fair and safe labour practices and to fair remuneration as envisaged in section 31(1) of the Constitution. 121. We, therefore, conclude that section 27(4) of the Employment Act is constitutional and does not infringe upon the rights of domestic workers entrenched under sections 13, 20, 30(3) and 31(1) of the Constitution. Page 43 of 45