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Disability law in Johannesburg, and South Africa as a whole, is primarily governed by the Constitution of the Republic of South Africa and the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA). The aim is to prevent and prohibit unfair discrimination, harassment, or actual harm. The law safeguards the rights of persons with disabilities to equality, human dignity, accessibility, and full participation in social activities.
A lawyer specialized in disability law can offer invaluable assistance in numerous situations. This may include discriminatory practices in the job market—where you've been disadvantaged due to your physical or mental disability—,unfair treatment in educational institutions, or inadequate access to public premises. They can also help in securing disability benefits, engaging with insurance companies, or defending your rights in instances of mistreatment or abuse.
The Constitution guarantees everybody the right to equality, and PEPUDA further elaborates by ensuring equal enjoyment of all rights and freedoms by all persons. It prohibits discrimination based on disability, among other attributes. The Employment Equity Act also specifically aims to eliminate unfair discrimination in employment and ensure the implementation of appropriate measures for people with disabilities. The South African Social Security Agency Act administers social grants, including the Disability Grant, for those who can't work due to a disability.
1. What counts as a disability in South Africa?
A disability is a physical or mental condition that has a marked and long-term effect on a person's ability to carry out ordinary day-to-day activities.
2. Can an employer dismiss me because of my disability?
No, the Employment Equity Act prohibits unfair discrimination on the grounds of disability.
3. What can I do if I experience discrimination at work due to my disability?
You can lodge a complaint with the Commission for Conciliation, Mediation and Arbitration (CCMA), or seek legal advice from a lawyer specialized in disability law.
4. How long does it take to apply for a Disability Grant?
It typically takes anywhere from 30 days to several months, depending on the complexity of your case and the processing speed of the South African Social Security Agency.
5. What rights do I have as a person with a disability in Johannesburg?
You have all the rights enshrined in the Constitution of South Africa, including but not limited to, equality, human dignity, and freedom of movement and residence. Notably, you have a right to be protected against discriminatory practices in all spheres of social activity.
The Department of Social Development provides social welfare services including care and support to persons with disabilities. The South African Human Rights Commission promotes respect for human rights and monitors their observance. The South African Disability Alliance is a network of civil society organisations representing persons with disability.
If you need legal assistance to defend your rights as a person with a disability, it is advisable to initially reach out to the South African Human Rights Commission, the Department of Social Development or other disability-focused organisations. If your matter needs further legal assistance, connect with a trusted lawyer who specializes in disability law to review your case and discuss feasible actions.
