The recent amendment of Section 193 of the Criminal Procedure and Evidence Act Chapter (9:07) has marked a significant milestone in the quest for equitable access to justice for individuals who are hard of hearing, according to Deaf Zimbabwe Trust (DZT).
DZT expressed its appreciation for the new legal provisions, highlighting that they signify a pivotal advancement for the disability community.
These provisions are poised to establish a framework for equal and inclusive justice, particularly for those who are deaf and hard of hearing.
“DZT warmly welcomes the removal of outdated clauses within Section 193 (‘Detention of persons who are deaf or mute or both’) of the Criminal Procedure and Evidence Act (Chapter 9:07). We firmly believe that these progressive legal adjustments will guarantee individuals who are deaf and hard of hearing the right to fair and comprehensive justice, as stipulated in the Constitution of Zimbabwe. This legislative update ushers in a new era of accessible justice for the deaf and hard of hearing,” stated DZT.
The amendment to Section 193 of the Criminal Procedure and Evidence Act Chapter (9:07) has garnered widespread acclaim for its potential to facilitate access to justice for the hard of hearing population.
The previous version of Chapter 9:07 had provisions allowing for the detention of individuals who were deaf or mute or both, without provisions for sign language interpretation during court proceedings.
The revised legislation, now designated as “193” – Detention of persons with hearing impairment or speech impairment or both, mandates that in any criminal proceedings involving an accused individual with hearing or speech impairments or both, the state is obligated to provide a sign language interpreter when requested by the accused.
Moreover, the updated law stipulates that if the court determines that the accused person’s defense is compromised due to hearing or speech impairments, the court shall take appropriate action. This may include granting bail to the accused person or discontinuing their remand if the state fails to ensure the availability of a sign language interpreter.
Additionally, in cases where the court has ordered the removal of the accused from remand under subsection (2)(b), the state may summon the accused to appear before the court once the services of a sign language interpreter have been arranged.
This positive outcome can be attributed to the advocacy efforts of numerous organizations striving for an inclusive justice system in Zimbabwe. Notably, in 2020, both DZT and the Legal Resources Foundation jointly filed a High Court application challenging the constitutionality of the repealed provision. The new legislation was formally introduced through an Extraordinary Gazette, as detailed in General Notice 164 of 2023.
