SALC is supporting a petition by 3 deaf persons and the Zambia Deaf Youth and Women (ZDYW) to challenge denial of driving licences in the case of Musukwa and Others v Road Transport and Safety Agency. The petitioners argue that Respondent’s application of section 62 of the Road traffic act to preclude deaf people from obtaining provisional and drivers’ licences and renewing drivers licences unconstitutionally infringes on the rights of deaf people to liberty, protection of the law, freedom of movement, freedom of expression and conscience, right to privacy and property and freedom from discrimination.
On 4 June 2021, the High Court of Zambia issued a judgment in the case ruling that although discriminatory, the law was justifiable to protect the public and road safety. The decision has since been appealed, and the supreme Court heard the appeal on 2 November 2021. Judgement was issued on 16 May 2024. The Supreme Court dismissed the appeal holding that there were no constitutional rights that were breached and that the petitioners could use the Persons with Disabilities Act to challenge any violations.
News Releases
16 May 2024 – Zambia Supreme Court issues crashing judgment for deaf drivers.
11 June 2021 – Zambia High Court dismisses constitutional challenge to denial of driving licences to deaf people.
29 Oct 2021 – Denial of driving licenses to deaf people.
Blogs/Articles & Opinions
30 June 2021: A missed opportunity for inclusion- the case of Musukwa and others v RTSA
Case in the News
5 August 2021 AfricanLii – Courts consider litigation by deaf drivers, TV viewers.
