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). Page 4 of 45

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