Zimbabwe Rule of Law Journal |97
Although this approach in which PWDs are not expressly mentioned shall not be encouraged, it could
be argued that it is quite inclusive of PWDs, under Article 24 of the Youth Charter which specifically
compels states to recognise
“... the right of mentally and physically challenged youth to special care and shall ensure that they
have equal and effective access to education, training, health care services, employment, sport,
physical education and cultural and recreational activities”.
In sum, the African human rights system is unequivocal in its protection of the right to PWDs for
employment. The next session of this paper will examine how the global and regional framework for
the PWDs’ right to employment was given effect by the Zimbabwean court.
The right to employment of visually impaired persons in Zimbabwe
The Zimbabwe National League of the Blind v Zimbabwe National Statistics Agency (ZIMSTAT) and
others.
3.1 Facts and decisions
The applicant was the Zimbabwe National League of the Blind, a registered Non- Governmental
Organization whose membership includes visually impaired persons and the respondents were ZIMSTAT,
the Minister of Finance cited in his capacity as the Minister responsible for the administration of the
Census and Statistics Act, and the Minister of Public Service, Labour and Social welfare cited in her
official capacity as the Minister responsible for fair labour standards, disability and social issues.
The applicant brought an application before the High Court of Bulawayo challenging the systemic
discrimination of visually impaired persons in the process of recruiting extra personnel by ZIMSTAT.
Mandated by the Minister of Finance to conduct the 2012 population censuses, ZIMSTAT had embarked
on a recruitment of extra personal to discharge its mandate. In doing so, it decided to recruit personnel
from amongst the ranks of civil servants. To give effect to this decision, ZIMSTAT issued a circular titled
Select target paragraph3
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