Disability Law

Disability Law is a presentation of laws of disability of Zambia. It is based on The Persons with disabilities Act of 1996. Disability law covers discrimination on the grounds of disability and it is taken from articles 19 to 26 of the Act as follows:

19. (1) for the purposes of this Part,"discrimination " means

(a) treating a person with a disability less favourably from a person without a disability;

(b) treating a person with a disability less favourably from another person with a disability;

(c) requiring a person with a disability to comply with a requirement or condition which persons without a disability may have an advantage over; or

(d) not providing different services or conditions required for that disability.

20. An employer shall not treat a person with a disability different from a person without a disability when

(a) advertising for employment;

(b) recruiting persons for employment;

(c) offering terms or conditions of employment;

(d) considering promotion, transferring or training such persons; or

(e) providing any other benefits related to employment.

21. A learning institution shall be guilty of discriminating against a person with a disability if that institution-

(a) refuses or fails to accept, to admit such person on the grounds of his disability;

(b) gives terms or conditions on which it is prepared to admit such a person because of his disability;

(c) denies or limits any person with a disability access to any benefit provided by that learning institution;

(d) expels that student or pupil on the grounds of his disability; or

(e) discriminates against the person in any other way on grounds of that person's disability.

22. Any person who establishes a special school for persons with disabilities shall provide adequate facilities for them.

23. (1) An institution of learning admitting persons with disabilities shall establish and maintain a special fund for the repair, servicing and purchase of technical aids and appliances for persons with disabilities.

(2) Parliament shall make provision for and provide funds.

(3) The Minister responsible for persons with disabilities may make regulations for the administration of the funds.

24. (1) Any person registered under this Act, who employs at least three persons with a disability shall be entitled to a tax rebate at a rate to be determined by statutory instrument by the Minister responsible for finance.

(2) A person who provides services under section twenty four and twenty-six shall be entitled to receive tax rebate.

25. (1) This section shall apply to any-

(a) premises constructed before the commencement of this Act to which members of the public are ordinarily admitted, whether on payment of a fee or otherwise; and

(b) services or amenities ordinarily provided to members of the public before the commencement of this Act.

(2) The Agency responsible for persons with disabilities may issue an adjustment order to any person it considers that his premises, amenities or services are not accessible to persons with a disability.

(3) An adjustment order shall set out.

(a) a full description of the premises, service or amenity concerned;

(b) the grounds upon which the Agency considers that the premises, service or amenity is inaccessible to disabled persons;

(c) the requirement that the owner shall at his own expense take action as may be specified to make it accessible to disabled persons. and

(d) the period within which the action referred to in paragraph

(c) shall be commenced and completed.

(4) Before serving an order the Agency shall serve notice upon the person specifying

(a) the grounds upon which the adjustment order is to be issued and the nature of the action which the Agency considers necessary to rectify the situation which has given rise to the proposed order;

(b) the maximum period that the Agency considers reasonable for the implementation of the action it proposes to order; and

(c) that the owner may make representations to the Agency if he so wishes within thirty days from the date of the service of the notice.

(5) A person who provides the amenities or services under this section shall be entitled to a tax rebate as provided for under section twenty-four.

26. On the commencement of this Act, any plans for any premises or amenities approved, after the commencement of this Act, under the Town and Country Planning Act, shall provide facilities that are accessible to persons with a disability.

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