HOME AFFAIRS TAKEN TO COURT FOR DISCRIMINATION
Blind woman not allowed to enter unless canine left outside
THE SA Guide Dogs Association is taking the Department of Home Affairs to the Equality Court on discrimination charges after denying a visually impaired woman entry to its Mossel Bay office while accompanied by her dog.
Amanda Bester was visiting the local Home Affairs office two months ago to collect her marriage certificate. She was accompanied by her mother and Reo, her guide dog.
According to the association’s court papers, on entry at the offices there was a security guard and signage prohibiting dogs from entry, except for guide dogs. Bester was allowed to enter at this point, but once she reached the office’s entrance, where another security guard was posted, she was refused entry with Reo.
The association alleges that by denying Reo entry, Bester was forced to leave him in her mother’s parked car, thus exposing him to possible heat stroke.
“The problem is with both the decision to refuse Bester access with Reo to the departmental office and the inadequacies of the department’s general approach to the issue, comprising the failure of the disability policy to deal with guide dogs, the unprincipled application of the policy in practice and the inadequate training of the departmental staff to apply policy,” their court papers said.
The association seeks an order restraining unfair discriminatory practices, that specific steps are directed to stop unfair discrimination and that the department undergo a policy audit.
In responding papers, Home Affairs denied that Bester had been denied entry. The department claimed that they had been unable to identify Reo as Bester’s guide dog.
“The frightened reaction of clients visiting the department’s offices, evoked by the presence of Reo, was the common cause which called for the deputy manager’s intervention.
“The department has a disability policy in place that adequately addresses the needs of disabled persons in order to ensure that they are treated equally, with dignity and compassion,” the department said. It said it had acted in the best way it could, and that it had prioritised Bester once she returned without her dog.
“There was no burden, obligation or disadvantage imposed on the complainant, and nor was there any withholding of benefits, opportunities or advantages,” said the department.
In a similar situation two weeks ago, Paralympic athlete Hendri Herbst reached a settlement with well-known Cape winery Durbanville Hills after he was also denied access with his guide dog.
Herbst visited the restaurant in 2014 after showing his girlfriend’s parents and grandmother around the city. When they arrived, the hostess allegedly told Herbst the restaurant had a policy against dogs and he and his party would have to sit outside.
As part of the settlement, Durbanville Hills agreed to issue a public apology and to contribute R50000 to the Guide-Dogs Association for the Blind. Durbanville Hills will further pay an amount of R50 000 to Herbst as compensation for the incident.