Online Reporter
Zvamaida Murwira, Senior Zimpapers Reporter
ZIMBABWE has taken a significant step towards strengthening the rights and welfare of persons with disabilities after President Mnangagwa signed into law the Persons with Disabilities Act, a landmark piece of legislation that expands their legal protections in line with the Constitution and the United Nations Convention on the Rights of Persons with Disabilities.
The new law broadens the definition of disability to include people with long-term physical, mental, intellectual or sensory impairments that limit full and effective participation in society.
This is consistent with the Government’s commitment to ensuring inclusivity and to “leave no one and no place behind” under the Second Republic.
The coming into force of the Act was announced in a recent Government Gazette by the Chief Secretary to the President and Cabinet, Dr Martin Rushwaya.
Among its key provisions, the law establishes a National Disability Affairs Board whose majority membership will be drawn from organisations representing persons with disabilities.
Clause Three of the Act stipulates that the minister responsible shall appoint ten members based on nominations submitted by disability organisations.
Clause Four outlines the functions of the board, which include formulating measures and policies to promote equal opportunities for persons with disabilities, supporting access to education and employment, and ensuring participation in sporting, recreational and cultural activities.
The board is also mandated to support access to community and social services, enable independent living and give effect to international treaties relating to disability rights.
In addition, the board may invite experts to participate in its meetings as non-voting members whenever necessary.
It will be required to prepare a five-year strategic plan, subject to ministerial approval, outlining how its functions will be executed.
This plan must be reviewed and updated annually.
Clause 12 outlines the board’s funding sources, including Treasury allocations, grants and donations.
The board will also be required to maintain separate registers of organisations working in the disability sector and persons living with disabilities.
The Act guarantees that persons with disabilities are entitled to equality, non-discrimination and respect for physical and mental integrity on the same basis as others.
“All persons with disabilities have a right to respect for their physical and mental integrity on an equal basis with others,” reads the Act.
“The Minister shall take all necessary steps within the power and competence of his or her Ministry to ensure that the rights of all persons with disabilities mentioned in subsections (1) and (2) are realised, in particular the Minister shall—(a) endeavour to rectify any action inconsistent with subsection (2) on the part of a State actor by enlisting the assistance of registered organisations for and of persons with disabilities, (b) take all appropriate steps, such as sensitivity training for all State actors, that will promote and accelerate the equality of persons with disabilities in the society.”
According to the 2022 Population and Housing Census, people with disabilities constitute about 9,5 percent of Zimbabwe’s population.
The new law further acknowledges the need to support families of children with disabilities, including through training and capacity-building initiatives.
Access to justice will also be strengthened through free or affordable legal aid for persons with disabilities.
Education rights are reinforced, including access to free primary and secondary education, learning in preferred languages, and instruction in communication systems such as sign language and Braille to enhance linguistic identity and inclusivity.
