Disability and justice delivery system
ON June 9, 2021, President Mnangagwa launched the National Disability Policy (NDP), a first for the country. The policy is aligned to both the Constitution of Zimbabwe (2013) and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) (2006), which Zimbabwe ratified in September 2013.
The Government is establishing different partnerships under which various programmes that facilitate the implementation of the National Disability Policy are undertaken. This helps in moving the provisions of the policy from paper to the real world to make a positive difference in the lives of persons with disabilities, including children with disabilities, and their families.
In line with provisions of the National Disability Policy, the Department of Disability Affairs in the Ministry of Public Service, Labour and Social Welfare (the ministry that oversees the national disability agenda) has partnered the Judicial Service Commission (JSC), and this partnership is being supported by the United Nations Children’s Fund (UNICEF) and the United Nations Development Fund (UNDP) to strengthen the capacity of the justice delivery system on disability inclusion.
The initial focus is on magistrates, given that they are a key stakeholder in the justice delivery system.
Among other things, the training of magistrates on disability inclusion comprises reflection on the status and provisions of policy and legislative frameworks that guide disability practice in Zimbabwe, including the Persons with Disabilities Bill, which is being resubmitted to Cabinet and which seeks to repeal the Disabled Persons Act [Chapter 17:01], of 1992, which is now outdated.
There is need to ensure that those charged with the administration of justice move along with current national policy and legislative developments that relate to persons with disabilities, within the spirit of upholding the principle of both the National Development Strategy 1, and the Sustainable Development Goals Agenda 2030 of leaving no one behind.
Zimbabwe has a total of 237 magistrates, who are all being trained on disability inclusion in five groups of 40. The sixth and last group will consist of 37 magistrates.
The first workshop for 40 magistrates was held from December 11 to 15, 2022 at the Kadoma Ranch Motel. Additional trainings will be rolled out in 2023.
Welcome remarks were made by the chief magistrate, Mrs Faith Mushure, who began by acknowledging the presence of magistrates who had travelled from as far as Gwanda, Binga, Victoria Falls, Nkayi, Tsholotsho, Nyanga, Chipinge and Murambinda.
Others came from Chegutu, Karoi and Harare to participate in what she described as a very important training in the administration of justice in Zimbabwe. She added that the training will be regarded as a giant step towards the achievement of one of JSC’s key strategic priority areas, that of strengthening access to justice for all and the elimination of all barriers to justice.
The lead consultant for the training was Ms Florence Jambwa.
The intersection of disability and the justice delivery system is important. Persons with disabilities represent one of the most marginalised minority groups in the world, hence their needs and concerns are often at risk of being ignored, suppressed and swept under the carpet, including in justice delivery systems.
In line with both the Constitution of Zimbabwe and the UNCRPD, the Government is committed to fulfilling, promoting, protecting and respecting the rights of persons with disabilities.
The National Disability Policy calls for the mainstreaming of disability in all sectors, including the justice delivery system. Sections of the policy are dedicated to strengthening the capacity of the justice delivery system on disability inclusion. The training of magistrates is, therefore, in part informed by Sections 3.19 to 3.23 of the National Disability Policy.
Persons with disabilities are generally vulnerable when they are accused of a crime. The challenge is when officers are unable to identify a person as disabled, and regard him or her as either intoxicated or simply non-compliant in scenarios where situations can escalate.
If arrested, persons with disabilities are more easily coerced into confessing for crimes they did not commit, with pressure to confess coming either from those who actually committed the crime or officers who are attempting to get a prosecution.
When convicted, persons with disabilities generally have poorer outcomes in prisons.
They may experience difficulties with following multi-step directions, thus coming across as non-compliant. In some scenarios, this can lead to disciplinary action that extends their sentences.
The capacity of officials who work in the justice delivery system should be strengthened so they understand issues of disability, including those that involve persons with mental disabilities, through behavioural indicators. These include a sudden change in mood or reactions to certain staff members.
Professionals throughout the justice delivery system need to understand how to read and respect non-verbal communication and to understand issues surrounding all kinds of disabilities of both children and adults, as magistrates are charged with the duty of presiding over cases that involve both.
The training of magistrates on disability inclusion provides an opportunity to reflect on how cases that involve persons with disabilities are being handled, as well as to learn about best practice.
Sincere gratitude to the UN, particularly the UNDP and UNICEF, for providing financial support towards the collaboration between the Department of Disability Affairs, in the Ministry of Public Service, Labour and Social Welfare, and JSC, thus enhancing the training of magistrates on disability inclusion.