Disability experts back Oshakati disability disclosure requirement

Disability rights advocates have defended the Oshakati Town Council’s requirement for job applicants to indicate the nature of any disability in vacancy applications, saying disclosure can play a critical role in ensuring inclusive recruitment and reasonable accommodation.

The debate follows concerns raised by some stakeholders who questioned whether the requirement contained in a recent Oshakati Town Council advertisement for a traffic law enforcement grade C2 sergeant post amounts to discrimination.

However, international disability activist Tjiueza Tjombumbi said requesting disclosure of disability and its type can be justified when used to facilitate accessibility and equal participation in recruitment processes.

Tjombumbi explained that institutions may need such information to make necessary arrangements for applicants during interviews and subsequent employment processes.

“A deaf applicant may require a sign language interpreter, a visually impaired applicant may need documents in Braille, while a person with a physical disability may need accessible infrastructure,” he said.

“If, for example, an interview room is located upstairs without lift access, the institution may need to relocate the venue to ensure equal opportunity.”

He added that disclosure should be applied within the framework of affirmative action legislation aimed at improving representation of persons with disabilities in the workplace.

“In terms of the Affirmative Action Act, institutions must comply with employment equity requirements and may therefore develop criteria to attract and recruit persons with disabilities,” Tjombumbi said.

He stressed, however, that disclosure must never be used to disadvantage applicants.

“Declaration of disability should amount to positive discrimination intended to promote inclusion," Tjombumbi explained.

"Any misuse of disability information would constitute discrimination and should be addressed in terms of the law."

He added that international frameworks such as the United Nations Convention on the Rights of Persons with Disabilities caution against abuse of disability-related data.

Disclosure voluntary

Meanwhile, the town council clarified that the disclosure clause is lawful and does not influence recruitment outcomes.

Council spokesperson Martin Kapuka said the requirement is grounded in the provisions of the Affirmative Action (Employment) Act No. 29 of 1998, which obliges relevant employers to promote equitable representation of designated groups, including persons with disabilities.

Sections 18(1)(c) and 19(1) of the Act require employers with more than ten employees to give preferential consideration to suitably qualified candidates from designated groups when filling vacancies.

“The collection of disability-related information supports statutory obligations relating to employment equity, workforce representation and compliance with national affirmative action legislation,” Kapuka said.

The local authority emphasised that disclosure of disability remains voluntary and is not a condition for consideration.

It noted that the statement inviting applicants to indicate disabilities is a standard clause used across council vacancy advertisements and is not specific to the traffic enforcement position.

“Applicants who choose not to disclose disability information are not disadvantaged. All candidates are assessed based on qualifications, competencies and relevant experience,” Kapuka said.

Confidentiality safeguards

Kapuka noted that information regarding disability type is collected for administrative and compliance purposes only and does not influence shortlisting or selection decisions.

Recruitment is conducted under the recruitment and selection regulations for local authorities, which require merit-based shortlisting against advertised requirements.

Disability information, Kapuka said, primarily supports affirmative action reporting and planning for reasonable accommodation where necessary.

Kapuka underlined that strict confidentiality measures govern its recruitment processes.

Applications are handled by authorised human resources personnel, recruitment officials sign confidentiality undertakings, and unauthorised disclosure may result in disciplinary action under the council’s personnel rules.

“These safeguards ensure that applicants’ personal and medical information is treated with strict confidentiality,” Kapuka said.