APPLICATION FOR ACCESS TO SOUTH AFRICAN SIGN LANGUAGE AND REASONABLE ACCOMMODATION FOR PERSONS WITH DISABILITIES
The Legal Resources Centre has lodged an application against a prominent university to request that it urgently provide South African Sign Language (SASL) interpretation services to a deaf student. The LRC represents the student and DeafSA, a national research, information and community action organisation which advocates to advance the rights of Deaf communities.
The student is a first year Bachelor of Arts student. She matriculated at a school for deaf learners where SASL was the medium of instruction. When the student disclosed her disability to the university, certain concessions were made, such as extra exam time, access to lecture slides and permission to record lectures. However, her greatest need is for SASL interpretation services in order to meaningfully engage the academic curriculum. The university has denied this request based on alleged financial hardship.
The LRC has brought an urgent application in the High Court and simultaneously in the Equality Court against the University and the Minister of Justice and Constitutional Development. Our clients seek interim relief directing the University to provide the student with SASL interpretation services for all her academic engagements. In the ordinary course, we seek an order declaring that the University’s failure to provide SASL interpretation services is unlawful, inconsistent with the Constitution and constitutes unfair discrimination. It further seeks to direct the University to amend its Policy on Students with Disabilities and/or Language Policy to provide for SASL interpretation services for Deaf students.
This case has brought to light the consequences of the delay in the promulgation of Regulations under the Promotion of Equality and Prevention of Unlawful Discrimination Act. Despite the National Strategic Framework on Reasonable Accommodation for Persons with Disabilities being published in 2021, it is yet to be brought into law. The case therefore seeks an order directing the Minister of Justice to publish and thereafter promulgate Regulations on Reasonable Accommodation for Persons with Disabilities. The current legal regime governing reasonable accommodation is inchoate and incomplete, exposing such persons to heightened risks of rights violations and failing to adequately regulate the conduct of institutions when accommodating persons with disabilities.