Zambia: Challenging denial of legal capacity for persons with mental disabilities

Salc : Staff Writer

SALC is supporting a petition by a person with psychosocial disabilities and the Disability Rights Watch (DRW) to repeal Section 4 of the Mental Health Act of 2019 in Katontoka  and Another v the Attorney General. The Petitioners argue that the provision unconstitutionally infringes on the rights to dignity, liberty, freedom of expression and conscience and to freedom from discrimination of persons with mental disabilities as it denies persons with mental disabilities the right to enjoy legal capacity on the same basis as others. This, it is argued, is also contrary to Zambia’s international obligations under the Convention on the rights of Persons with Disabilities.

The petitioners are represented by Katindo Mwale of K.Mwale and Company