Lusaka ~ Tue, 19 Jan 2021
By Brightwell Chabusha
A physically challenged person has petitioned the Lusaka High Court seeking an order that ZCAS University Limited enrolls Him for a degree programme in Computer Network repair.
Mr Kasongo Wilson Kafwembe, who is hearing impaired, has asked the court to declare that the decision by ZCAS to refuse to issue him with an application form is discriminatory and in breach of Article 23 (2) and (3) of theConstitution chapter 1 of the Laws of Zambia.
Mr Kafwembe has also cited the Attorney General in this case.
The is further seeking a declaration that the government’s failure to promulgate rules, issue guidelines and put in place measures to ensure non-discrimination of the petitioner in enrollment
in higher education course as mandatorily enjoined by Section 22 of the Persons with Disabilities Act No 6 of 2012 is not only violative of the said Act but is also ultra vires Article 23 (2) and (3) of the Constitution Cap 1 of the Laws of Zambia.
Mr Kafwembe, who is employed at National Pensions Scheme Authority (NAPSA) as a Web Chat Agent in the Call Centre, is further seeking an order that he be availed application forms for entrance into the Degree Programme of Computer Network Repair and the said application be fairly processed for consideration for admission into the programme.
He explained that on November 9, 2020, he visited the university with a view to collect an application form in order to apply for enrolment in
the degree programme of Computer Network Repair where the university’s servants or agents tasked with issuing out application forms, refused to issue out the said application form to him on account of the fact that he is deaf.
Mr Kafwembe is now seeking damages, interest and costs of or incidental to the petition.