John Lafferty

By Jude Katende
and Flavia Nakagwa

DISABILITY is not inability, so a popular adage goes. This adage comes to life when you see persons with disabilities (PWDs) succeed in life. They accept their fate and determine not to give in to the it-is-impossible-to-do attitude that many a Ugandan, including able ones, resort to when tasked with facing life’s challenges.

Uganda has a few successful PWDs, but United Kingdom’s visually impaired Scottish justice John Lafferty is a case to draw inspiration from. Here, on invitation of Sightsavers International (SSI), Lafferty, a trustee of SSI, is the first visually impaired judge in the high courts in the United Kingdom.

Sightsavers is an organisation that works to combat blindness in developing countries by restoring sight through treatment and eye care. According to Ben Male, the country representative for Sightsavers, Lafferty is the only blind judge in the United Kingdom today. (As at July 1 2005, there are 9,446 judges and tribunal members in England and Wales ). Adjustments are made during the appointments process for applicants with impairment. If appointed, reasonable adjustments will also be made to ensure that a disabled judge can perform in office.

To the Makerere University Visually Impaired Students Association (MUVISA) members, Lafferty is an inspiration. Speaking to the students last Tuesday, at a public lecture, Lafferty noted that people with disabilities deserve to be treated as equals, because they contribute to society just as much as able-bodied individuals.

During the lecture themed The rights of persons with disabilities: National and International perspectives,” at the Faculty of Law, he said: “Disability isn’t a problem, because people with disabilities have the ability to perform just as anybody else, but it’s a problem because society doesn’t provide them with moral support.” Lafferty, who judges criminal cases using Braille (system for blind people used in reading) noted that PWDs are not encouraged to see that there are opportunities. Thanks to his parents, they helped him through.

“Potential employers should be more sensitive to PWDs, but you also have to work hard all the time,” he explained. Lafferty says he knows everything happening in court and that his court is very well-behaved. “I find all cases interesting and challenging, but I try my best,” he adds.

Lafferty’s story is one of determination. “I was partially sighted until my mid-20s and then I completely lost my sight. It didn’t affect my work as managing partner of a firm of solicitors and it doesn’t affect my present work as a judge. After all, I’ve lived with it all my life. Once I was established in the legal profession, my disability was never a problem. It certainly hasn’t been a disadvantage in my career as a judge. As a judge, it is very satisfying to know that your sole purpose for being there is to ensure fairness,” Lafferty says with a chuckle. He adds that despite his blindness, he does not face any difficulty in hearing and judging cases. “With any practical problem, there are practical solutions.”

During the late 1970s he spoke on behalf of Sightsavers at many events and was not about to give up on improving his vision for excellence and determinedness to prosper regardless of the visual impairment.

Meanwhile at the lecture, Esther Kyozira of National Union of Disabled Persons in Uganda urged MUVISA to embrace the PWDs Employment Act to counter discrimination. “Let us face discrimination and we shall take the offenders to the courts of law. Don’t fear to apply for jobs and if you are discriminated against, go to court. Stand up and demand for your rights,” she said.

The Faculty of Law Dean, Sylvia Tamale echoed Kyozira. “We must be activists. Why wait for others to demonstrate for you. Speak out for all the marginalised groups,” Tamale commented.

Tamale reminded participants that according to a new Makerere University policy, all new buildings should have facilities for PWDs.