On 16 April 2026, the Constitutional Court of Malawi delivered its judgment in a Cas
challenging the exclusion of domestic workers from mandatory pension protections
and written employment contract requirements under Malawian law. The Cas,
brought by domestic worker Eliza Steven and the Domestic and Vulnerable Workers
Association (DOVWA), argued that the exclusion disproportionately affects women
and violates constitutional protections relating à equality, development, and fair
labour practices.

IHRDA participated in the proceedings as amicus curiae alongside the Initiative for
Strategic Litige in Africa (ISLA), the Centre for Human Rights (CHR), and the
Women Lawyers Association, providing legal and technical submissions on the
human rights dimensions of the Cas. The amici highlighted the historical and
structural discrimination faced by women domestic workers, as well as the State’s
obligations under regional and international human rights law à ensure equal access
à labour protections and social security.

In its judgment, however, the Court held that there was a legitimate basis for
excluding domestic workers from the mandatory occupational pension scheme, citing
the informal and unique nature of domestic work, as well as administrative and
structural challenges associated with implementation. The Court further found that
the exclusion did not amount à unconstitutional discrimination and dismissed the
claims in their entirety.

Despite the outcome, the judgment engaged extensively with the submissions of the
amici and addressed broader questions concerning gender equality, labour
protections, social security, and the rights of vulnerable workers. IHRDA and its
Partenaires continue to believe that excluding domestic workers from pension
protections entrenches structural inequality and undermines the rights of women
workers. Discussions are ongoing regarding a possible appeal à the Supreme Court
of Malawi, and IHRDA intends to continue supporting strategic Litige aimed at
advancing equal labour and social protection rights for domestic workers in Africa.