Chief Justice certifies constitutional challenge over pension and labor rights for domestic workers
Dominic Makawa, DOVWA
Chief Justice Rezine Mzikamanda SC has certified Constitutional Cause No. 04 of 2025, a legal battle in which domestic worker Eliza Steven and the Registered Trustees of the Domestic and Vulnerable Workers Association (DOVWA) are challenging sections of the Employment Act of 2000 and the Pension Act of 2023 that exclude domestic workers from key labor and pension protections.
The case, now formally cleared under Section 9(3) of the Courts Act, seeks a constitutional ruling on whether the omission of domestic and private household workers from contributory pension schemes and written employment particulars constitutes discrimination and a violation of fundamental rights.
The certification, signed by the Chief Justice, allows the case to proceed to full constitutional hearing before a panel of judges at the High Court’s Principal Registry.
The claimants argue that the existing legal framework undermines their constitutional rights to equality, social protection, fair labor practices, and development.
Represented by Legacy Chambers, they are asking the court to declare the relevant provisions of the two laws unconstitutional, noting that current gratuity provisions fall short of the financial security offered by pensions.
“This is about correcting historical injustice,” said Dominic Makawa, Executive Director of DOVWA.
“Our laws have excluded an entire class of hardworking individuals—mostly women—from protections that others enjoy. That must change.”
Eliza Steven, a domestic worker since 2009, in her affidavit, says she has lived without job security or retirement support.
The Registrar of Financial Institutions—named as second defendant alongside the Attorney General—has already indicated its intention to contest the case, according to signed court filings dated July 21, 2025.
Both defendants are expected to file defenses and supporting documentation within 14 days of service, ahead of a formal scheduling conference and hearing.
DOVWA has also appealed for financial support to assist with the legal costs, underscoring the broader public interest in the case.
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