6. She alleges that the exclusion violates several constitutional rights, namely; the right to non-discrimination (section 20); the right to social protection and development (sections 13 and 30); the right to fair and safe labour practices (section 31) as guaranteed by the Republican Constitution of Malawi, 1994. 7. The 1st Claimant, therefore, seeks the following reliefs: - 7.1 a declaration that section 27(4) of the Employment Act is invalid for being inconsistent with the Constitution with immediate and retrospective effect; 7.2 a declaration that section 11 of the Pension Act is invalid for being inconsistent with the Constitution with immediate and retrospective effect; 8. 7.3 any other order or declaration this Court deems fit; and 7.4 costs of this action. Counsel for the 1st Claimant filed skeleton arguments and made oral submissions, for which the Court is grateful. Page 5 of 45

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