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Thandeka Moyo-Ndlovu – [email protected]

BUSANI Ncube from Cowdray Park suburb in Bulawayo lives with a physical disability and he says he has been failing to get justice at the courts because of his condition.

Ncube, a widower (48), was last year ordered to pay maintenance for his nine-month-old baby by a West Commonage magistrate under Case Number 390/22.

Although he could not physically attend the session due to the inaccessibility of the public building, he did not object to the order that he was to pay his estranged girlfriend Zanele Tshuma.

For months, he went to court to get bank details to deposit the money but found no joy as he was stuck outside, unable to access the administrative offices.

Ncube, like many others, believes justice is the luxury of the able-bodied and remains an illusion for those like him who cannot physically access the courts and administrative offices.

It is estimated that about 1,4 million people have some form of disability in Zimbabwe.

Zimbabwe  was one of the first countries to ratify the UN Convention on the Rights of Persons with Disabilities in 2013 and remains one of the few countries in Africa with legislation that specifically caters to people with disabilities.

By domesticating the UN Convention on the Rights of Persons with Disabilities, the country moved together with other progressive countries in putting disability on the national agenda.

West Commonage Court located in Mpopoma suburb has a ramp leading to the main door but the two-storey building has no elevator to cater for those with physical disabilities.

Some administrative offices are located on the top floor which is out of reach for citizens who use wheelchairs like Ncube.

“I have suffered in the hands of court officials simply because of a disability which was not a choice. Just today they served me with summons giving me seven days to clear six months of maintenance arrears as if I am a defiant criminal,” he said.

“I was given the order to pay maintenance last year in October and was told to pay US$30 for the upkeep of our baby who is about nine months old now. So after that judgment, I requested that I be given bank account details so that I could deposit the monthly payment,” said Ncube.

He said on November 6 after waiting he asked his sister who was attending to some case in court to at least take the money to court officials and present it as he had not yet received bank details.

“The officials refused to accept the money saying they had no business in that case. My sister tried asking for a way forward on my behalf and they insisted that I had to physically come to court. I suggested that court officers help me in paying as I still had no bank account. In December I decided to go to West Commonage and inquire myself and could not access the offices,” he said.

Ncube said on the same day he asked a passerby to call someone from the maintenance court who could assist him.

“I was stuck on the door as I could not use the staircase and after waiting for two hours someone came and told me they were so busy and had no time to attend to me. She gave me a phone number saying I should rather call the office. I have tried calling that landline countless times and till today I have gotten no joy.”

He said for three months he kept on going back to West Commonage seeking an audience with officials who showed no interest.

“Someone even suggested that I go to Tredgold and seek help but it’s the same, the building is not easily accessible. Calling the provincial representatives is a waste of time as the lines are ever busy. Now I feel useless. I am about to face criminal charges when I have been struggling to access the same offices to plead my case,” he said wiping away tears.

“I have suffered a lot in the hands of this woman but because of my disability, I never get justice. I used to stay in Gwanda with her she would steal from me. Nothing has been recovered even after she was convicted of theft and unlawful entry sometimes.”

Ncube said he only received bank details this year in April and made the first deposit.

“I had been faithfully taking US$30 to court hoping they would help me pay but they let me down. Now

I am being told I am in arrears of US$180 which should be cleared in seven days, indeed our justice does not matter in this country.”

Efforts to get comments from the Judicial Service Commission spokesperson Daniel Nemukuyu were fruitless as he did not respond.

On June 9, 2021, Government launched the national disability policy to address the marginalisation and discrimination of persons with disabilities in Zimbabwe and empower them to improve their quality of life.

The national disability policy was to ensure that facilities such as ramps, for those on wheelchairs and Braille for the visually impaired among other disabled-friendly facilities are found in public places.

Although the Second Republic has made efforts in leaving no stone unturned in its quest for inclusive development some of the affected have not fully benefited from such.