Date of Decision: 16th day of April, 2026 at Blantyre, Malawi.

Court: Malawi Constitutional Court

Summary:
This constitutional case concerns the rights of domestic workers to fair labour practices and equal access to pension protections under Malawian law.

The applicants challenge the exclusion or differential treatment of domestic workers within the national pension framework, arguing that it disproportionately affects women and reinforces structural inequality in the labour market.

The case raises broader constitutional questions relating to equality before the law, non-discrimination, labour protections, and the State’s obligation to ensure social security guarantees for vulnerable categories of workers.

The applicants seek declaratory relief that the exclusion or discriminatory treatment of domestic workers is unconstitutional, as well as orders requiring legislative and policy reform to ensure equal pension and labour protections.IHRDA, together with the Institute for Strategic Litigation in Africa (ISLA), is participating in the proceedings as amicus curiae, providing legal and technical support on the human rights dimensions of the case.

Judgement: The Court in Malawi decided that there was a legitimate reason for excluding domestic workers from pension benefits