108 | Zimbabwe Rule of Law Journal
be effected will create undue burden or not, but simply urged the respondents to take action within
reasonable time. This is a positive development which indicates that discrimination against PWDs and
those who are visually impaired in particular cannot be tolerated, and that reasonable accommodation
measures should be adopted to secure their substantial equality. This decision was in line, with the
CRPD Committee’s Concluding Observations on China (2011) in which the Committee expressed its
concerns on the practice of reserved employment, which discriminated against PWDs in their vocational
training and career. It went on to recommend that China adopt all necessary measures to ensure that
PWDs have freedom to choose their careers and vocational training.59
Although the verdict of the Zimbabwe National League of the Blind calls for celebration, its rationale
was not clarified by the court which, besides refusing to grant a structural interdict, simply agreed with
plaintiff without indicating reliance on foreign and international law as empowered by the Constitution,60
or any other rationale. In fact under s 326 of the Constitution, not only is customary international law
part of the law of Zimbabwe, when it is consistent with the Constitution, or an Act of Parliament,61
‘When interpreting legislation, every court and tribunal must adopt any reasonable interpretation
of the legislation that is consistent with customary international law applicable in Zimbabwe, in
preference to an alternative interpretation inconsistent with that law’.62
This provision clearly empowers the court to rely on customary international law in providing reasoning
for the judgment. Similarly, under section 327(20) of the Constitution, (2)
‘An international treaty which has been concluded or executed by the President or under the
President’s authority—
(a) does not bind Zimbabwe until it has been approved by Parliament; and
(b) does not form part of the law of Zimbabwe unless it has been incorporated into the law through
an Act of Parliament.’
59
Concluding Observations on China (2011), paras 41 and 42.
60
See section 46 (c) and (e) of the 2013 Zimbabwean Constitution.
61
Section 326(1)
62
Section 326(2).
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