The Scalabrini Centre of Cape Town, the Coordinating Body for Refugee Communities and four disabled refugees, represented by Lawyers for Human Rights, instituted legal proceedings challenging the constitutionality of legislation which exclude disabled refugees from receiving disability grants.
In the application, which was instituted in the Pretoria High Court today, the applicants contend that the legislation regulating social assistance grants is inconsistent with the Constitution and invalid, because it disqualifies disabled refugees from getting disability grants. This exclusion infringes their constitutional rights to dignity, non-discrimination and social assistance.
The South African government has a duty in terms of constitutional and international law to protect and assist vulnerable refugees, in the same manner than it protects and assists South African citizens. In May 2004 the applicants requested the Government to issue regulations that would allow recognised refugees to apply for disability grants. To date, the Government has failed to properly consider the request. As a result, disabled refugees’ survival remains a daily struggle, which depends largely on the charity of individuals, non-governmental organisations and religious groups.
Disabled refugees are vulnerable both as refugees and as disabled persons. Whereas a number of the persons whom Lawyers for Human Rights are representing became disabled due to criminal and xenophobic attacks, others were injured in the conflict situations in their countries of origin. South Africa is host to approximately twenty five thousand (25 000) recognised refugees, of which only a very small percentage are disabled.
The applicants know of about thirty-four (34) individuals, whilst other estimates puts the figure at approximately two hundred (200) in total. Currently, the disability grant amounts to R 740 per month. The additional funds to provide disabled refugees with grants is negligible, particularly when the number of disabled refugees in South Africa is viewed against the size of the Governments’ overall social assistance budget, which amounted to well over Twenty (20) Billion Rand in 2004.
For more information, please contact Fritz Gaerdes 012 – 320 2943 084 583 4334 fritz [at] lhr [dot] org [dot] za (fritz [at] lhr [dot] org [dot] za)
