Lesotho
Persons with Disability Equity Act, 2021
Act 2 of 2021
- Published in Government Gazette 24 on 12 March 2021
- Commenced on 12 March 2021
- [This is the version of this document from 12 March 2021.]
1. Citation and commencement
This Act shall be cited as the Persons with Disability Equity Act, 2021 and shall come into operation on the date of publication in the Gazette.2. Application
3. Interpretation
In this section, unless the context otherwise requires—"accessible format methods" means any alternative format that permits a person with disability to have access to the content as feasibly and comfortably as a person without a disability;"adjustment order" means an order served by the Council under section 42;"agent person" includes a person with disability who has been forced into retirement from employment due to his disability;"assistive device and service" means a tool, implement and service, provided to a person with disability to assist the person in education, employment or other activity;"authorized person" means a legal guardian of a person with disability;"communication" include a language, display of text, Braille, sign language, tactile communication, large print, accessible multimedia as well as written, audio, plain language, human-reader and augmentative and alternative modes, means and formats of communication, including accessible information and communication technology;"Constitution" means the Constitution of Lesotho, 1993;"Council" means the Persons with Disability Advisory Council established under section 4;"disability" means the result of an interaction between a person with an impairment and the environment with various barriers which hinder a person with the impairment to participate in societal activities on an equal basis with other persons;"Director" means the Director of Disability in the Ministry responsible for social development;"Director-General" means a person appointed as such under section 13;"discrimination" means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field;"grant-in-aid" means an amount of money given to a person with disability who is unable to take care of himself without full attendance from a caregiver;"impairment" means the loss or limitation of physical, mental, intellectual and sensory function on a long term or permanent basis;"inclusive education" means the general education system which provides age appropriate accessible instruction, assessment, intervention, accommodation, modification, support service, adaptation, physical learning environment and any other relevant additional resources to a learner with disability, in order to help them realize their full potential on an equal basis with others;"member" means a member of the Council;"mental disability" means mental and intellectual impairment which hinders a person with such disability to interact with the society on an equal basis with others and does not include a person with mental illness who is a person of unsound mind and has mentally incapacity;"Minister" means the Minister responsible for social development;"operator" means a person who is registered with the Minister to operate a Residential Care Facility;"personal assistance services" includes the provision of guides, sign language interpreters and personal assistants required by a person with disability enabling them to perform their functions on an equal basis with others;"person with disability" includes a person who has a long term physical, mental, intellectual or sensory impairment which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others;"public building" means any building to which the public has right of access during all reasonable times for which the building is used for its prescribed occupants;"reasonable accommodation" means necessary and appropriate modification and adjustments to such places which provide a service to the members of the public which do not impose a disproportionate or undue burden when needed in a particular case, to ensure to a person with disability, the enjoyment or exercise of all human rights and fundamental freedoms on an equal basis;"residential care facility" means a private non-medical facility which provides shelter and personal care to persons with disability and adults registered under section 35;"school facilities" means accessible and user-friendly classrooms, playgrounds, furniture, sanitary facilities and learning materials; and"severe disability" means a physical, mental or intellectual impairment which has a substantial and long term effect to a person with disability to carry out normal day to day activities.4. Establishment of the Persons with Disability Advisory Council
5. Composition of the Council
6. Functions of the Council
The functions of the Council are to—7. Qualification for membership of the Council
A person shall not qualify to be appointed as a member of the Council if he—8. Tenure of office of a member
9. Vacation from office
10. Meetings of the Council
11. Disclosure of interest
12. Remuneration of members
A member, except an ex-officio member, shall receive such allowances as the Minister may, in consultation with the Minister responsible for finance, determine.13. Appointment of Director-General
14. Powers and functions of the Director-General
The functions of the Director-General are, subject to the general supervision and control of the Council, to—15. Qualifications of the Director-General
16. Tenure of office of Director-General
The Director-General shall hold office for a period of five years.17. Removal from office of Director-General
The Director-General may be removed from office by the Minister, on the recommendation of the Council—18. Remuneration of Director-General
The Director-General shall receive such remuneration and allowances as may be approved by the Minister in consultation with the Minister responsible for finance and on the recommendation of the Council.19. Condition of employment and staff of the Council
20. Rights of people with disabilities
The Minister shall take necessary steps, to achieve the full realization of the rights of persons with disability.21. Entitlement to live independently
22. Employment
23. Education
24. Training of educators
25. Health
The Minister of Health shall involve the Council in the implementation of the national health programme under the Ministry of Health, for the purpose of—26. Accessibility and mobility
A person with a disability is entitled to a barrier free and disability friendly environment to enable the person to have access to—27. Public buildings
28. Public transport
29. Sports and recreation
30. Voting
31. Polling stations
A polling station shall be made accessible to a person with disability during elections and the person with a disability shall be provided with the necessary assistive device and services by an electoral officer, to facilitate the exercise of this right under this section.32. Access to justice
33. Disaster risk reduction
A person with a disability shall enjoy the right to equitable protection in situations of risk, whether natural, technological or anthropological in nature.34. Communication
35. Registration of a residential care facility
36. Right of a person with disability to reside at a residential care facility
37. Admission to a residential care facility
38. Services at a residential care facility
An operator of a residential care facility shall provide the following services at his residential care facility—39. Reports
An operator shall submit an annual financial report to the Minister.40. Inspection and monitoring of a residential care facility
41. Compliance order
42. Adjustment order
43. Disability Public Fund
44. Disability grant
45. Eligibility for disability grant
46. Care dependency grant
47. Eligibility for care-dependency grant
A severely disabled child is entitled to a care dependency grant if—48. Suspension of care dependency grant
A care dependency grant may be suspended if—49. Lapsing of a care dependency grant
A care dependency grant shall lapse on the—50. Funds of the Council
The funds of the Council shall consists of—51. Annual accounts
52. Annual and quarterly reports
53. Regulations
History of this document
12 March 2021 this version
Published in Government Gazette 24
Commenced