Government Implementation of the Standard Rules
As Seen By Member Organizations of
Inclusion International - ILSMH

South Africa

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© Dimitris Michailakis 1997

S.A. Federation for Mental Health, South Africa
Compare with the following Country Report(s): the South African Government, WFD

General policy

There is no officially recognized disability policy in South Africa.

In order to convey the message of full participation the government is financing an awareness commission of a national co-ordinating committee on disability. The Government states that no campaign was initiated.

Legislation

The rights of persons with disabilities are protected by general legislation. According to the Government there is no legislation at the present to protect the rights of persons with disabilities, but the Government is investigating a comprehensive anti-discrimination legislation. The judicial mechanisms available to protect the rights of persons with disabilities include due process (legal remedy through the courts) and recourse procedure by a special agency, dealing with anti-discrimination issues. The Non-judicial mechanism is an Ombudsman. The Government states that regarding the judicial/non-judicial mechanisms to protect the rights of persons with disabilities, there is a proposal for a Commission on Disability Equality and for a Public Protector and Human Rights Commission in South Africa.

General legislation applies to persons with different disabilities with respect to education, employment, the right to marriage, the right to parenthood/family, political rights, access to court of law, the right to privacy and to property rights. However, the organization states, that the legal situation regarding people with mental disabilities is uncertain, since most of above rights are guaranteed by constitution, but excluded by older general legislation. The only benefit, guaranteed by law to persons with disabilities, is health and medical care. According to the Government, few benefits are guaranteed by law in South Africa. There is medical care in towns and big cities, most rural areas having poor or no facilities. Income is guaranteed by means of a disability grant, subject to means test.

Since the adoption of the Rules the Social Assistance Act has been enacted. This, however, has more to do with the rationalization of health and welfare responsibilities than the Standard Rules.

Accessibility

There are rules to ensure accessibility of the built environment requiring that public places, the outdoor environment and housing are made accessible. According to the Government, these rules ensure accessibility in means of public transportation and in housing. Accessibility in the built environment is observed by a national authority and by local governments. According to the Government, no responsible body exists to observe accessibility. The following measures have been promoted by the government in order to facilitate accessibility in the built environment: levelling off pavements, marking parking areas, installing lifts and accessible toilets, ensuring access to public places and improving accessibility in housing. According to the Government, no measures have been promoted to ensure accessibility in housing. There are special transport arrangements (some local authorities have free public transport) for persons with disabilities which are available for medical treatment and education. According to the Government, there are no special transport arrangements for persons with disabilities. The most difficult obstacles, when planning to build accessible environments, are attitudinal factors, economic/budgetary factors and lack of enforcement mechanism. According to the Government, economic/budgetary factors are not one of the most difficult obstacles. There is a disability awareness component incorporated in the training of planners, architects and construction engineers. According to the Government, there is no such component.

Sign language has no officially recognized status, and is not used as the first language in education of deaf people but is recognized as the main means of communication between deaf persons and others. According to the Government, sign language is recognized as the main means of communication between persons with disabilities and others. There are no government measures to encourage media and other forms of public information to make their services accessible to persons with disabilities. The following services are provided in order to facilitate information and communication between persons with disabilities and others: literature in Braille and sign language interpretation being available for major events.

Organizations of persons with disabilities

There is a national umbrella organization. There are no legal provisions mandating the representatives of persons with disabilities to participate in policy making or to work with governmental institutions. Organizations of persons with disabilities are sometimes consulted, when laws and regulations with a disability aspect are being prepared. Consultations occur at both the national and regional level. The government gives financial support to organizations of persons with disabilities. According to the Government, no such support is given to organizations of persons with disabilities. The role of organizations of persons with disabilities is to advocate rights and improved services, mobilize persons with disabilities, identify needs and priorities, participate in the planning, implementation and evaluation of services and measures concerning the lives of persons with disabilities, contribute to public awareness and promote/organize income generating activities.

Co-ordination of work

The co-ordinating committee is reporting to the Ministry of Welfare and to the Office of the Presiden. The committee includes representatives of several Ministries, from organizations of persons with disabilities and from other NGOs. The government expects the co-ordinating committee to participate in policy development and to perform other tasks, e.g. to monitor the implementation of the Standard Rules. According to the Government, the co-ordinating committee is not expected to perform other tasks. It is too early for an assessment about the effects of the co-ordinating committee.

The adoption of the Rules has led to a rethinking of the approach to disability policy.

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Contents of the ILSMH Report | Compare with the following Country Report(s): the South African Government, WFD