South Africa: Blind SA Takes Schools to Court Over Conditions for Children With Disabilities

Blind SA reports widespread failures in hostel conditions for learners with disabilities in South Africa. The organization approached the Pretoria and Pietermaritzburg high courts to appoint curators for two special schools. These schools are Filadelfia Secondary and Arthur Blaxall. Blind SA claims these schools do not adequately support learners with disabilities. They cite poor infrastructure, inadequate learning materials, and incidents of violence.

The schools deny the need for court intervention, stating they have addressed the issues. Blind SA is represented by the Equal Education Law Centre. They successfully secured a curator appointment at Arthur Blaxall through an agreement between parties.

The Pretoria High Court and Pietermaritzburg High Court heard related applications from Blind SA. These cases highlight challenges faced by learners with disabilities in accessing basic education rights. Blind SA's claims are based on reports from the Human Rights Commission and media sources.

Filadelfia Secondary School serves about 300 students with disabilities, including those who are deaf or blind. According to Blind SA, the school's infrastructure is deteriorating, and food quality is poor. The school lacks essential learning materials like braille devices. Teachers also lack training in sign language and braille.

Blind SA alleges there are incidents of sexual harassment and violence among students and staff. Despite attempts to engage with school authorities, no meaningful changes occurred, prompting court action. They seek a curator ad litem to represent learners' interests.

A curator ad litem is appointed by a court to represent individuals unable to do so themselves. Blind SA believes this role is necessary for transparency and impartiality in addressing grievances at Filadelfia High School.

In response, Filadelfia argues that all issues have been resolved already. They claim that media reports used by Blind SA are hearsay and inadmissible in court. The school insists that a curator ad litem is unnecessary since they involve parents and community representatives in decision-making processes.

The hearing took place on May 28, but judgment has been reserved.

In another case regarding Arthur Blaxall School for the Blind, Blind SA argued for a curator ad litem on June 2. They allege serious issues such as sexual assault against learners without adequate responses from the school administration. Additionally, they report insufficient braille resources and poor food quality at the school.

Blind SA states that children over 18 cannot stay in hostels despite needing assistance due to their disabilities. Many parents cannot afford alternative accommodations outside of hostels either.

Reports from various organizations highlight barriers faced by disabled learners regarding equality and education rights. Despite meetings with relevant authorities, no solutions were implemented at Arthur Blaxall School.

The school contends that appointing a curator ad litem should only occur under exceptional circumstances which they believe do not apply here. They argue past incidents have been addressed adequately without disrupting operations.

On June 2, Blind SA reached a settlement with Arthur Blaxall School approved by the court. A nominated curator ad litem will investigate concerns about abuse, maltreatment, food quality, hostels, and educational programs at the school.

This curator must submit a report to the court by September 30, 2025. Both Blind SA and Equal Education Law Centre welcomed this judgment as it could impact many disabled learners across South Africa.