Discussion and Analysis
Whether the 2nd Claimant, the Registered Trustees of Domestic and Vulnerable
Workers Association (DOVWA): has sufficient locus standi in the matter; and can
maintain an action or invoke representative standing on behalf of domestic
workers
29. The 2nd Claimant stated that it is: -
a non-governmental organisation duly registered as a trust and responds to
labour related issues of domestic and vulnerable workers in Malawi.
30. Section 15(2) of the Constitution provides that: -
Any person or group of persons, natural or legal, with sufficient interest in the
promotion, protection and enforcement of rights under this Chapter shall be
entitled to the assistance of the courts, the Ombudsman, the Human Rights
Commission and other organs of the Government to ensure the promotion,
protection and enforcement of those rights and the redress of any grievances in
respect of those rights.
31. From this provision it goes without saying that persons who establish a
sufficient interest in the protection and promotion of rights can enforce and
protect rights under the Constitution. However, to move the Court, such
person or persons must have “sufficient interest” in the matter they so bring
to the Court. We wish to agree with the decision in The Registered Trustees
of the Women & Law (Malawi) Research & Education Trust v The Attorney
General and others [2014] MLR 363 (HC) that the existing authorities on the
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