06 Dec 2023

A provision has been made to ensure that persons with disabilities are not subjected to arbitrary or illegal interference with their privacy by prohibiting a person from enquiring information intended to be used unlawfully to discriminate them against their own grounds of disability.

This was said by the Assistant Minister for State President, Mr Dumezweni Mthimkhulu when presenting the Persons with Disability Bill in Parliament on Tuesday.

The Bill seeks to make harassment of a person with disability an offence.

The assistant minister said the Persons with Disability Bill was intended to give effect to the United Nations Convention on the Rights of Persons with Disabilities (CRPD). He said convention was seeking to protect and promote and ensure the full and equal enjoyment of all human rights and fundamental freedoms by persons with disabilities and to promote respect for their inherent dignity.

Mr Mthimkhulu informed the House that the Bill captured the ideals of the CRPD by reaffirming that persons with disabilities had the same fundamental rights as any other person in the country.

Furthermore, he said the Bill has in line with CRPD identified areas of adaptations that were to be made for persons with disabilities to effectively exercise their rights as well as where their protection must be reinforced.

He therefore, added that the Bill makes it an offence to victimise or incite another to discriminate against a person with a disability. The Bill, he saidstated that it was also an offence to publish or place any advertisement or notice which could be reasonably understood to indicate an intention to do an act that was unlawful under the act.

Mr Mthimkhulu said the Bill also provided for administrative penalties or fines that may be imposed by council where a person contravenes any disability standard of fails to comply with an action plan.
The Bill provides for the establishment of the disability coordination office and national disability council.

“The office is meant to guide sectorial intervention and impact on persons with disability, whereas the council will on the other hand amongst other things be responsible for creating a national mechanism to promote and implement the rights of persons with disabilities,” he said.

Mr Mthimkhulu said part three of the bill prohibited both direct and indirect discrimination of persons with disabilities.

“Part three further provides for making reasonable adjustments to eliminate obstacles of barriers that restrict or hinder equal opportunities to work and access to education, premises, goods, services, facilities and other areas,” said Mr Mthimkhulu. 

He said it also prohibits discrimination in the workplace related to matters of employment. Mr Mthimkhulu said the Bill would promote equal opportunities to employment of person with disabilities in both public and private sector. 

Additionally, he said the Bill would promote equal access to education and participation in public life and prohibiting discrimination in institutions providing education, leisure or sport as well as prohibiting discrimination in public transport. ends