Parliament on Tuesday unanimously passed Bill No. 23 of 2023: Persons with Disabilities Bill. Federation of Disability Organisations of Malawi (Fedoma) acting Executive Director Simon Munde has since hailed Parliament for passing the bill.
Once assented to by President Lazarus Chakwera, the new law would repeal the Handicapped Persons Act (Cap.33:02) and the Disability Act (Cap.33:06) and replace them with a new piece of legislation that will regulate all matters relating to persons with disability in Malawi.
The Handicapped Persons Act, which was enacted in 1972, among other things, provides for the establishment of the Malawi Council for the Handicapped (Macoha); voluntary registration of persons with disabilities; the registration, direction, control and regulation of associations whose objects include the welfare of the handicapped.
On the other hand, the Disability Act, which was enacted in 2012, adopts a human rights-based approach to disability affairs by treating disability as a human rights issue.
Gender Minister Jean Sendeza said the bill provides for the establishment of the Malawi Council for Disability Affairs, a statutory body to replace Macoha, which will promote and coordinate all matters relating to persons with disabilities in Malawi.
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Sendeza said the bill also provides for the fundamental rights and freedoms of persons with disability. Some of the rights include the right to education, the right to health, the right to work and employment and the right to economic activity.
The bill also provides for a mechanism for the enforcement of rights provided in the bill by empowering the Malawi Council for Disability Affairs to receive, investigate and make findings on complaints and, where appropriate, make orders to promote the enjoyment of the rights of persons with disability.
It also provides for the establishment of a Disability Trust Fund to bankroll activities that fulfil the objectives of the Act and the protection of persons with disability.
Meanwhile, Munde has said passage of the bill, which comes days ahead of Disability Day celebrations this Friday, is good news to people with disability.
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Munde expressed delight at the prospects of repealing the Handicapped Persons Act, which he described as archaic.
