South Africa

South Africa 

At a glance

• South Africa’s constitution outlaws disability discrimination. South Africa’s Employment Equity Act also provides protections from disability discrimination by employers. 

• South Africa has both signed and ratified the UN Convention on the Rights of Persons with Disabilities (CRPD). 

Key stats

• The 2022 Census found that 6 per cent of people in South Africa meet the UN’s definition of disabled (Statistics Department of the Republic of South Africa). 

• Only 1.3 per cent of the workforce in South Africa has a disability (Botha et al., 2021). 

The law

• Disability legislation: 
  • Constitution – South Africa’s Constitution prohibits direct and indirect discrimination on a number of grounds, including disability. It does not define the term disability. 
  • Employment Equity Act (1998) – This prohibits employment discrimination against disabled people, among other groups. Its requirements include making workplace adjustments, The Labour Department of the Republic of South Africa has created a guide to the Employment Equity Act for workers and employers. It has also released a Code of Good Practice on the Employment of People with Disabilities. 
  • Promotion of Equality and Prevention of Unfair Discrimination Act (2000) – A broad anti-discrimination law that prohibits unfair treatment by government, businesses and individuals on the grounds of disability (among other characteristics). It does not deal with employment discrimination, because that is the role of the Employment Equity Act. It also does not provide a definition of disability. 

• Definition of disability – The Employment Equity Act of 1998 defines people with disabilities as those who: 
  • Have a physical or mental impairment 
  • Which is long term or recurring, and 
  • Which substantially limits their prospects of entry into, or advancement in employment. 

Language

• The South African Human Rights Commission’s guide, ‘Human Rights and Persons with Disabilities,’ contains tables that outline acceptable and unacceptable language around disability. 

Employment

• Adjustments / accommodations – The Employment Equity Act requires employers to make reasonable accommodations to remove barriers for disabled employees. The Act defines reasonable accommodations as “any modification or adjustment to a job or to the working environment that will enable a person from a designated group to have access to or participate or advance in employment.” 

• Positive discrimination – The Employment Equity Act allows employers to treat disabled people more favourably when selecting and promoting employees. 

• Asking for information:
  • During recruitment – Employers are allowed to ask about disability during recruitment, as long as the employee consents and the employer meets data protection requirements. The information cannot be used to disqualify a candidate for a role, unless the inherent demands of the role demand it.  
  • During employment – Employers can ask employees questions about disability as long as the employee consents and the employer meets data protection requirements. This information cannot be used to discriminate against disabled employees. 

• Quotas – South Africa does not require employers to fill a set percentage of their roles with disabled people. 

Customers

• The Promotion of Equality and Prevention of Unfair Discrimination Act prohibits discrimination in the provision of goods and services. Government, businesses and individuals must not “[fail] to eliminate obstacles that unfairly limit ore restrict persons with disabilities from enjoying equal opportunities” or “[fail] to take steps to reasonably accommodate the needs of such persons.” It is unlawful to: 
  • Unfairly refuse or fail to provide the goods or services, or to make the facilities available to a person or group of person because of disability, 
  • Impose terms, conditions or practices that perpetuate the consequences of past unfair discrimination or exclusion regarding access to financial resources, 
  • Unfairly limit access to contractual opportunities for supplying goods and services. 

Built environment

• The Promotion of Equality and Prevention of Unfair Discrimination Act – This law requires government, businesses and individuals not to “contravene the code of practice or regulations of the South African Bureau of Standards that govern environmental accessibility.” The applicable standard for facilities for persons with disabilities is SANS 10400, part S.

Digital accessibility

• The law – The Constitution and the Promotion of Equality and Prevention of Unfair Discrimination Act do not explicitly mention digital accessibility. However, their principles of non-discrimination extend to digital accessibility. Organisations must not discriminate against disabled people in their provision of digital products, services and platforms. 

• Government Communication and Information System Department – This government department has issued guidelines for making websites accessible in South Africa. It generally adheres to the principles of WCAG. 

Country-specific disability organisations

• National Council of and for Persons with Disabilities (NCPD) – A non-profit organisation that seeks to raise awareness, influence government and improve economic participation of disabled people in South Africa. NCPD runs job placement and training programmes to help disabled people enter the workforce. 
• Disability info South Africa (DiSA) – Provides a wide range of information and advice about disability and accessibility in South Africa.