TWO elderly women have implored government to remove some obstacles, which are inhibiting them from accessing justice, through relocating the offices of the Legal Aid Directorate to a building, which is accessible to all persons.
In a letter of demand written recently to Vimbai Nyemba, the Permanent Secretary in the Ministry of Justice, Legal and Parliamentary Affairs, the two women namely Lillian Chinyerere and Lorraine Mavhunda, who are represented by Harrison Nkomo of Zimbabwe Lawyers for Human Rights, narrated the saddening ordeal, which they encountered, when they visited the offices of the Legal Aid Directorate, seeking to access its services, which left them stranded.
Chinyerere and Mavhunda said they were surprised to learn that the new offices of the Legal Aid Directorate, which provides legal assistance to persons accused of certain crimes and who are unable to afford legal practitioners of their choice, were now located at Century House in central Harare after they were moved from the old premises situated at corner Simon Muzenda Street and Samora Machel Avenue, where they were accessible as they were located on the ground floor, which made it easier for people to constantly walk in and receive assistance and regular updates on matters affecting them.
Apart from being located on the sixth floor of Century House, Chinyerere and Mavhunda, said they were also told that the elevators at the building were not working and the only way to access the offices of the Legal Aid Directorate would be to climb through the stairs.
Upon enquiring why there were no working elevators to assist elderly persons and persons with disabilities, Chinyerere and Mavhunda were informed that the building was condemned and that having an elevator may lead to the collapse of the premises.
Faced with such a situation, Chinyerere and Mavhunda then attempted to climb the stairs but failed at the first floor, where they were asked to check in and fill in her personal details indicating the time of logging into the building.
The duo was forced to retreat to the ground floor without receiving any assistance.
When Chinyerere and Mavhunda’s lawyers visited Century House seeking to verify their experience, they confirmed the existing state of affairs and upon engaging with some personnel stationed at the first floor of the building, they were informed that persons with disabilities were being assisted from the ground floor with legal practitioners from the Legal Aid Directorate having to climb down to assist elderly persons and persons with disabilities.
In his letter to Nyemba, Nkomo protested that the absence of elevators and special tools in a building housing the Legal Aid Directorate, which is a public office, which was established to provide public services and to provide access to all members of the public without discrimination, infringes on his clients’ constitutionally guaranteed rights to access justice.
Nkomo complained that the fact that people in need of services have to be attended to from the ground floor at Century House infringes on their right to privacy since the floor is open to every member of the public, who walks into the building.
The prevailing situation at the Legal Aid Directorate, Nkomo said, forces people to disclose personal and private details in a public place without guarantees of privacy and security, which is a violation of the provisions of section 57(d) of the Constitution, which guarantees the right to privacy.
The human rights lawyer stated that the fact that the building housing the offices of the Legal Aid Directorate has no functioning elevators and other amenities such as restrooms to assist persons with disabilities, the elderly and others with special needs, meant that only those persons with the physical strength and abilities to climb the building, have access to justice, which is a violation of section 56(1) of the Constitution, which provides that all persons are equal before the law and have the right to equal protection and benefit of the law.
Furthermore, Nkomo emphasised that every person has the right not to be treated in an unfairly discriminatory manner on grounds such as disability, nationality, race, colour nor other considerations.
Nkomo said Chinyerere and Mavhunda were being unjustifiably discriminated as they were being subjected to various restrictions that other people are not and these included failure to access the Legal Aid Directorate, failure to be attended to in a private set up and not being attended to expeditiously since their attendance is reliant on some officers, who have to walk down from the sixth floor of the building.
Nkomo said with Zimbabwe being a signatory to the United Nations Convention on the Rights of Persons with Disabilities, the conduct of authorities at the Legal Aid Directorate is inconsistent with the state’s obligations to ensure that persons with disabilities are not unfairly discriminated.
The conduct of authorities at the Legal Aid Directorate, Nkomo said, offends the National Disability Policy, which is underpinned by the desire to fulfil, promote, protect and to respect the rights of persons with disabilities.
The human rights lawyer asked Nyemba to make an immediate undertaking in writing stating that the Legal Aid Directorate will be relocated to a building, which is accessible to all persons without discrimination.
Nkomo said failure to do so, would leave him with no option but to commence legal processes to compel government to embrace and implement his clients’ demand.
ENDS
Zimbabwe Lawyers for Human Rights
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No. 103 Sam Nujoma Street, Harare, Zimbabwe
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