98 | Zimbabwe Rule of Law Journal ‘Recruitment of Level I- IV personnel for the 2012 Population Census (reference number POPC/2/3/A) which provided for four levels of the officers as follows: (i) Level 1 – Provincial Supervisors (ii) Level 2 - District Level supervisors (iii) Level 3 – Enumeration Area Level Supervisors (iv) Level 4 – Enumerators Nevertheless, the circular also set conditions to select the appointees who should be: (i) Physically and mentally fit. The work is field based and involves a lot of (ii) Able to work under pressure in a highly technical environment (iii) In possession of, at least, a tertiary level qualification (degree/diploma/certificate from a tertiary institution) (iv) Senior enough to be able to supervise and discipline personnel in levels below theirs (v)Able to work in a team20 As a result of the first condition above, which is, legally, a disability-based discrimination or imposed by law, Thulani Tavashavira, Simangele Ndlovu and Msoni Mlilo, all blind civil servants at the time and members of the applicant, were simply dismissed or not recruited for being “physically unfit” to the job. In fact, they faced barriers erected by the Directive on the assumption that their visual impairment could be equated with inability to work. This was a case of discrimination on the ground of a disability and was in violation of Article 56 of the Constitution which expressly outlaws discrimination on the ground of disabilities. The applicant sought a declaratory order to the effect that the exclusion of the members of the National League of the Blind and other visually impaired civil servants from being enlisted as personnel in the 2012 population census was discriminatory. 20 National League of the Blind case, op cit note 3 p 3.

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