(b) the disability in question was a relevant consideration in relation to the particular requirements of the
employment concerned; or
(c) special facilities or modifications, whether physical or administrative or otherwise, are required at the
workplace to accommodate the disabled person which the employer cannot reasonably be expected to
provide.
(3) Subsection (4) of section 5 of the Labour Relations Act [Chapter 28:01], shall apply to a disabled person
discriminated against in relation to any matter specified in subsection (1).
(4) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not
exceeding level seven.
[Subsection as inserted by section 4 of Act No. 22 of 2001]
10 Offences and penalty
Any person who—
(a) fails to comply with an adjustment order served in terms of section seven; or
(b) wilfully denies to a disabled person, on the ground of his disability alone—
(i) admission to any premises to which members of the public are ordinarily admitted; or
(ii) the provision of any service or amenity ordinarily provided to members of the public;
for any reason other than one motivated by a genuine concern for the safety of the disabled person
concerned; or
(c) discriminates against a disabled person in relation to the matters specified in subsection (1) of section
nine:
Provided that paragraph (a), (b) or (c) of subsection (2) of that section shall avail as a defence to a
charge in terms of this section;
shall be guilty of an offence and liable to a fine not exceeding four thousand dollars or to imprisonment for a
period not exceeding one year or to both such fine and such imprisonment.
11 Regulations
(1) Subject to this Act and any other enactment, the Minister, after consultation with the Board, may make
regulations providing for—
(a) the co-ordination of services provided in Zimbabwe for the welfare or rehabilitation of disabled persons;
(b) the registration of—
(i) disabled persons;
(ii) institutions, associations and organizations, including those controlled and managed by the State
and local authorities, that provide services for the rehabilitation of disabled persons;
(iii) places at which services for the rehabilitation of disabled persons are provided;
(c) effect to be given to Zimbabwe's obligations under any international convention treaty or agreement
concerning disabled persons;
(c1) penalties for contraventions of the regulations:
Provided that no such penalty shall exceed a fine of level five or imprisonment for a period of six months or
both such fine and such imprisonment.
[Paragraph as inserted by section 4 of Act No. 22 of 2001]
(d) any other matter which in terms of this Act is required or permitted to be prescribed.
(2) The Minister shall not make regulations in terms of subsection (1) providing for the registration of—
(a) any hospital, nursing home or clinic controlled or managed by the State or registered in terms of the
Health Professions Act [Chapter 27:19] or the Psychological Practices Act [Chapter 27:11], except with
the consent of the Minister responsible for health;
[Paragraph amended by section 151 of Act 6 of 2000]
(b) any school or educational or training institution controlled or managed by the State or registered in
terms of the Education Act [Chapter 25:04], or the Manpower Planning and Development Act [Chapter
28:02], except with the consent of the Minister responsible for the administration of the institution or
Act concerned.