Zimbabwe Rule of Law Journal |99
It also sought an order compelling ZIMSTAT and the Minister of Finance to “immediately facilitate the
full participation of persons with disabilities on an equal basis with others in future population censuses
or any other such exercise”. In addition to ensuring compliance with the order, the applicants also
requested that the order be provided in the form of a “structural interdict that allows the Applicant to
monitor the steps taken by the Respondents and allow the applicants to approach court for a decision
whether the steps taken are adequate”.
The court found that
”the exclusion of visually impaired persons from recruitment as enumerators and supervisors to
which other persons were recruited for the purpose of conducting population census exercises
was discriminatory and was a violation of the Constitution” and made an order to that effect.21
The High Court ordered ZIMSTAT and the Minister of Finance
“to put in place mechanism and facilities within a reasonable time that will enable the full
participation of persons with disabilities, particularly those with visual impairment, as enumerators
and supervisors in the conduct of population censuses or any other such exercise”.22
4. An Evaluation of the Decision
This section evaluates the significance of the decision. In doing so, first, it shows how the declaratory
order by the court fosters substantive equality and secondly, that ordering reasonable accommodation
measures is also important in strengthening substantive equality.
4.1 Fostering Substantive Equality through the Declaratory Order
The Zimbabwe Constitution23 recognizes the inherent dignity and worth of each human being as
one of its founding principles.24 In other words, this is the affirmation of the right to equality to all.
21
Para 1 of the order.
22
Para 2 of the order.
23
Act No. 20 of 2013
24
Section 3 (1)(e) of the Constitution
Select target paragraph3
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