- A deaf student says the lack of South African Sign Language interpretation prevents her from meaningfully participating in lectures.
- The Legal Resources Centre asks the court to declare the refusal unlawful and unfair discrimination.
- The case also calls for regulations on reasonable accommodation for people with disabilities.
A deaf first-year Bachelor of Arts student has turned to the courts after a university refused to provide South African Sign Language interpretation services, which she says are essential for her to fully access her studies.
The Legal Resources Centre is bringing the application on behalf of the student and DeafSA, a national organisation that advocates for the rights of Deaf communities.
The student completed her schooling at a school for deaf learners where South African Sign Language was the main language of instruction. After enrolling at the university, she disclosed her disability and requested support so she could take part in lectures and academic activities alongside her peers.
The university offered some concessions, such as extra exam time, access to lecture slides, and permission to record classes. However, the student says these measures do not address her main need, which is interpretation in South African Sign Language during lectures and other academic activities.
A statement from the Legal Resources Centre notes, “Her greatest need is for SASL interpretation services in order to meaningfully engage the academic curriculum.”
The university declined the request for interpretation services, citing financial hardship as the reason for its decision.
Court challenge over discrimination and accommodation
The Legal Resources Centre has now filed an urgent application in the High Court and also approached the Equality Court. The university and the Minister of Justice and Constitutional Development are named as respondents.
The applicants are seeking interim relief that would require the university to provide South African Sign Language interpretation services for all of the students’ academic engagements.
In the main application, they are asking the court to declare that the university’s failure to provide interpretation services is unlawful, inconsistent with the Constitution, and amounts to unfair discrimination.
They are also seeking an order that would require the university to amend its Policy on Students with Disabilities or its Language Policy so that South African Sign Language interpretation services are made available for Deaf students who need them.
Challenge over delayed disability accommodation regulations
The application also raises concerns about delays in finalising regulations on reasonable accommodation for people with disabilities.
The applicants note that the National Strategic Framework on Reasonable Accommodation for Persons with Disabilities was published in 2021, but has not yet been put into effect through regulations under the Promotion of Equality and Prevention of Unlawful Discrimination Act.
The statement argues that the absence of regulations has left the legal framework incomplete and uncertain. It says, “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.”
For this reason, the applicants are also seeking an order directing the Minister of Justice and Constitutional Development to publish and bring into effect regulations on reasonable accommodation for people with disabilities.
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