65. As a matter of fact, the International Labour Organisation (ILO)
acknowledges that in terms of social security coverage, domestic work is
considered as a sector that is difficult to cover, partly because work is
performed in private households and frequently for more than one employer.
The occupation is also characterized by high job turnover, frequent in-kind
payments, irregular wages and a lack of formal work contracts.1
Equal and effective protection under the law
66. Within the essential contents of the right to equality in section 20(1) of the
Constitution is the constitutional guarantee of the right to equal and effective
protection under the law against discrimination. At the very minimum, equal
protection implies equality of treatment under the law. Thus, the law should
not discriminate. It must treat all people similarly without creating arbitrary
differentiations.
67. The concept of equal protection of laws was discussed in the case of Attorney
General v Malawi Congress Party and 2 Others SCA [1997] 2 MLR 181
(Press Trust Case). The Supreme Court of Appeal stated that the concept of
equal protection of laws is a positive concept. It postulates for the application
of the same law alike and without discrimination to all persons similarly
situated. It denotes equality of treatment in equal circumstances. It implies
that among equals the law should be equal and equally administered, that the
like should be treated alike without distinction of race, religion, wealth, social
status or political influence.
1
https://www.ilo.org/resource/news/ensuring-protection-and-rights-domestic-workers-africa
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