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 Page 25 of 45

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