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Blind SA welcomes court ruling for independent inquiry into school mistreatment
Blind SA welcomes court ruling for independent inquiry into school mistreatment

IOL News

time21 hours ago

  • General
  • IOL News

Blind SA welcomes court ruling for independent inquiry into school mistreatment

The Pietermaritzburg High Court has ordered that an independent investigation should be instituted to probe allegations of mistreatment and sexual violence of pupils at Arthur Blaxall School for the Blind. Image: Supplied The Pietermaritzburg High Court has ordered that an independent investigation should be instituted to probe allegations of mistreatment, including the alleged sexual violence of learners at a KwaZulu-Natal-based school for the blind and visually impaired. This was after the court ruled that a curator ad litem should be appointed to investigate the allegations at Arthur Blaxall School for the Blind. The case was brought by Blind SA last year, following allegations that were made in 2018. Blind SA, in its application claimed the original investigation into the allegations against the school was inadequate. No one was criminally charged and prosecuted after the school and the provincial education department concluded their initial investigation. The Department of Education attempted to oppose the application on the basis that the issues raised had been addressed, saying a new investigation would disrupt the school's operation. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ However, the court this week ordered that a curator should be appointed to conduct an independent investigation. The curator is expected to compile a detailed report and submit recommendations to the court by September 30. It will also investigate allegations of poor quality of food and living conditions, as well as the school programmes. KwaZulu-Natal spokesperson for education, Muzi Mahlambi and his colleague, Mlu Mtshali, did not respond to messages and calls. Elijah Mhlanga, the spokesperson for the Department of Education, requested a copy of the court papers but did not respond to queries. Blind SA, which was represented by the Equal Education Law Centre (EELC), said the situation at the school reflects a broader, systemic failure in the provision of safe and dignified hostel conditions for learners with disabilities across South Africa. 'We welcome the High Court's order as an important step toward accountability and systemic reform for learners with disabilities at school hostels. Through the appointment of an independent curator, we hope that meaningful, evidence-based recommendations will emerge to drive urgent improvements at Arthur Blaxall and beyond. Learners with disabilities deserve to access education in environments that respect and uphold their dignity and rights,' Blind SA said in a statement. Blind SA chief executive officer, Jace Nair, added this will enable the curator to engage with stakeholders, including learners, staff, education officials and the community to probe the concerns and "propose effective lasting recommendations that will address the systemic changes required to prevent abuse and negligence and promote a human rights-based approach for equitable and quality education for blind and partially sighted learners". The court added that the person who would be nominated should have at least 10 years of relevant experience.

Pietermaritzburg High Court greenlights abuse probe at school for the blind
Pietermaritzburg High Court greenlights abuse probe at school for the blind

IOL News

time2 days ago

  • Health
  • IOL News

Pietermaritzburg High Court greenlights abuse probe at school for the blind

The Pietermaritzburg High Court has ordered that an independent investigation should be instituted to probe allegations of mistreatment and sexual violence of pupils at Arthur Blaxall School for the Blind. Image: File The Pietermaritzburg High Court ordered that an independent investigation should be instituted to probe allegations of mistreatment, including the alleged sexual violence of pupils at a KwaZulu-Natal-based school for the blind and visually impaired. This was after the court ruled that a curator ad litem should be appointed to investigate the allegations at Arthur Blaxall School for the Blind. The case was brought by Blind SA last year, following allegations that were made in 2018. Blind SA, in its application claimed the original investigation into the allegations against the school was inadequate. No one was criminally charged and prosecuted after the school and the provincial education department concluded their initial investigation. The Department of Education attempted to oppose the application on the basis that the issues raised had been addressed, saying a new investigation would disrupt the school's operation. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ However, the court this week ordered that a curator should be appointed to conduct an independent investigation. The curator is expected to compile a detailed report and submit recommendations to the court by September 30, 2025. It will also investigate allegations of poor quality of food and living conditions, as well as the school programmes. KwaZulu-Natal spokesperson for education, Muzi Mahlambi and his colleague, Mlu Mtshali, did not respond to messages and calls. Elijah Mhlanga, the spokesperson for the Department of Education, requested a copy of the court papers but did not respond. Blind SA, which was represented by the Equal Education Law Centre (EELC), said the situation at the school reflects a broader, systemic failure in the provision of safe and dignified hostel conditions for learners with disabilities across South Africa. 'We welcome the High Court's order as an important step toward accountability and systemic reform for learners with disabilities at school hostels. Through the appointment of an independent curator, we hope that meaningful, evidence-based recommendations will emerge to drive urgent improvements at Arthur Blaxall and beyond. Learners with disabilities deserve to access education in environments that respect and uphold their dignity and rights,' Blind SA said in a statement. Blind SA chief executive officer, Jace Nair, added that this will enable the curator to engage with stakeholders, including learners, staff, education officials and the community to probe the concerns and 'propose effective lasting recommendations that will address the systemic changes required to prevent abuse and negligence and promote a human rights-based approach for equitable and quality education for blind and partially sighted learners'. The court added that the person who would be nominated should have at least 10 years of relevant experience.

A silent tragedy: Children with disabilities endure shocking conditions in hostels
A silent tragedy: Children with disabilities endure shocking conditions in hostels

News24

time28-05-2025

  • Health
  • News24

A silent tragedy: Children with disabilities endure shocking conditions in hostels

The education system in South Africa continues to mirror the segregation of the past, relegating learners with disabilities to special needs schools and hostels that are understaffed, under-resourced and ill-equipped to provide quality education, write Tommie Lehmkhul and Tshego Phala. BlindSA and the Equal Education Law Centre have headed to court to advocate for the appointment of curators at Filadelfia Secondary School and Arthur Blaxall School. These schools, which serve blind and partially sighted pupils, along with their adjoining hostels, have been at the centre of serious concerns about conditions and access to quality education. The proposed curators will be tasked with investigating these troubling circumstances - conditions that have left many pupils with disabilities, particularly those living in the hostels, without the opportunities guaranteed by their unqualified, constitutionally entrenched right to education under Section 29 of the Constitution. Alarmingly, the education system in South Africa continues to mirror the segregation of the past, relegating learners with disabilities to special needs schools and hostels that are often far from their homes and families, understaffed and under-resourced and ill-equipped to provide quality education. READ | More than 130 special needs pupils in Mpumalanga denied education since start of academic year These pupils are stripped of their right to family life, dignity and equality and to the choices which other children have - simply because of a system which continues to fail to support and reasonably accommodate them. Within the context of special schools that are far from home and a continued failure (and at times refusal) to reasonably accommodate pupils with disabilities in ordinary public schools, as mandated by the South African Schools Act, parents are often forced to send their children to special school hostels. Every parent expects that the school they entrust their child with will act as the parent of their child while the child is in their care. Much more so in the case of a child with a disability who, due to the inadequate number of special needs schools across the country, resides in the hostels because of the vast distance between home and school. The shocking conditions which are rife in these hostels are all the more objectionable in light of the vulnerability of these children who are not in the safe, nurturing environment they deserve. Across the country, these institutions - meant to be places of care and support - are instead riddled with neglect, abuse, and dangerously poor conditions. The crisis in these hostels is a silent tragedy, and it is time for us to speak up and demand change. A system in decay Many hostels housing children with disabilities are in disrepair, lacking basic resources, proper medical care, and trained staff. Overcrowding and poor hygiene are rampant, with children forced to live in conditions that no human should endure. Reports of malnutrition, untreated illnesses, and even physical and emotional abuse have surfaced, yet authorities continue to turn a blind eye. Over the past few years, countless human rights violations have been reported in special schools and hostels. These violations range from inadequate infrastructure to substandard nutrition and shocking levels of care. Learners and parents have repeatedly complained about abuse, including sexual abuse and neglect. Various exposés and news reports have spotlighted these atrocities, revealing a disturbing pattern of neglect and abuse. Pupils are left unattended, living in hostels without running water or functional toilets, and are forced to fend for themselves. Disturbingly, some children with disabilities must assist each other with daily living activities - such as changing nappies and bathing - despite their own physical limitations. This is a gross violation of their dignity and rights. Voices unheard, rights ignored Pupils with disabilities are consistently overlooked in resource allocation. Education budgets fail to adequately address their needs, reinforcing systemic marginalisation. The chronic shortage of trained staff and lack of accountability create an environment where abuse is both rampant and unreported. Children with disabilities are among the most vulnerable members of our society. Many of them cannot articulate their suffering, making them easy targets for mistreatment. Staff shortages and a lack of accountability create an environment where abuse can go unnoticed. When these children do cry out for help, their pleas are often dismissed. Their rights, enshrined in national and international laws, are being ignored daily. When children with disabilities are left in these dire conditions and left in the margins of society, it does not just impact them - it affects all of us. We cannot claim to be a just society while allowing this crisis to persist. These children are being denied access to quality education, healthcare, and social inclusion, setting them up for a future of continued marginalisation and suffering stripped of the opportunity to unlock the multiplier right to education that could enable them to contribute and participate fully within our society. This is not just an issue for the government; it is a call to action for every citizen. We urge policymakers to take immediate steps to improve hostel conditions, enforce strict monitoring, and allocate resources to ensure proper care. We call on the public to raise awareness, report injustices, and support organisations working to protect these children. Change is possible - but only if we demand it. READ | SA govt failing disabled children - HRW report Together, advocacy groups such as Blind SA, assisted by the Equal Education Law Centre, have sought to engage with national and provincial departments about the deplorable conditions in special school hostels. We have repeatedly called for the need for regulations governing these hostels, but our calls have gone unheard, even leading us to launch two separate court applications to have an independent person (called a curator) to visit, document, and monitor conditions at two special needs schools. It is our hope that these curators will be given the opportunity to investigate the living conditions of these learners and report to the respective courts with recommendations, which we hope will bring positive change in the learners' lives. In response to the government's inaction, we must continue to raise our voices and demand accountability. The children in these hostels are not invisible. Their lives matter, their dignity matters, and their future depends on our collective action. - Tommie Lehmkhul (BlindSA treasurer) and Tshego Phala (EELC executive director) are with Blind SA and Equal Education Law Centre. *Want to respond to the columnist? Send your letter or article to opinions@ with your name and town or province. You are welcome to also send a profile picture. We encourage a diversity of voices and views in our readers' submissions and reserve the right not to publish any and all submissions received.

Landmark Concourt victory for the blind
Landmark Concourt victory for the blind

IOL News

time08-05-2025

  • Business
  • IOL News

Landmark Concourt victory for the blind

The Constitutional Court has ruled for the creation of accessible format copies like braille of copyrighted works without needing permission from the copyright holder. Image: File IN A landmark victory for the blind, the Constitutional Court has ruled for the creation of accessible format copies like braille of copyrighted works without needing permission from the copyright holder, specifically for the benefit of persons with disabilities. 'This will allow blind people to have better access to published work so that it can improve our education and access to reading and material and thereby improve our participation in the economy and the country. For the last 20 years we've been trying to advocate for the exceptions in legislation,' said BlindSA CEO, Jace Nair. The case centred on the President not signing the Copyright Amendment Bill (CAB) by September 2024, which caused the suspension of certain invalid sections of the Copyright Act to expire, creating a gap in the law. Blind SA, represented by Section27, had challenged certain provisions of the Copyright Act that criminalised anyone who converted reading materials into accessible formats, like braille or large print, without the consent of the copyright holder. The legislative process relating to the amendment of the Act began in 2015, when Parliament published the CAB. The Bill introduced clause 19D, which aimed to create exceptions for people with visual and print disabilities to access copyrighted works. The CAB was passed and sent to the President for his assent on 28 March 2019. On 16 June 2020, the President referred the CAB back to Parliament for reconsideration, as he had reservations about the constitutionality of some of the draft provisions in its initial version. Due to the delays in finalising the CAB, Blind SA launched an application in the high court in Gauteng in 2021, for a declaration of invalidity of sections 6 and 7 read with section 23 of the Act. The court found in their favour and declared the impugned sections inconsistent with the Constitution and invalid. In 2022, the Constitutional Court confirmed the declaration of constitutional invalidity of the impugned provisions. At the time, the court held that these provisions were inconsistent with the constitutional rights of people with disabilities and held that requiring the permission of the copyright owners to create accessible formats amounted to a discriminatory barrier that unfairly prevented people with visual and print disabilities from accessing copyrighted materials. In terms of relief, the court suspended its declaration of invalidity and ordered Parliament to fix the Copyright Act within 24 months. The court also crafted its own interim exception to copyright for persons who are blind or visually impaired, 'section 13A', which was read into the Copyright Act over this period while waiting for Parliament to effect the changes. Even after Parliament made the necessary amendments through the CAB, and included an exception to copyright that would not only benefit persons who are blind or visually impaired, but all persons with disabilities, the president did not sign it into law by the deadline last year. The invalidity of the legislation then took effect, and persons whose rights were protected by the interim remedy could no longer benefit from it. Blind SA then again approached the apex with an urgent application for direct access and sought an order resuscitating the section 13A reading-in remedy or a section similar that would grant interim protection. The Concourt on Wednesday found that the failure to enact the CAB within 24 months did in fact create a legal gap, and reverted to the position before this court's original order. Justice Nonkosi Mhlantla ruled: 'The lapsing of section 13A has created an immediate rights vacuum affecting the constitutional rights of visually and print-impaired persons, therefore, it is imperative that these rights are protected. Clause 19D provides a more comprehensive framework aligned with both constitutional imperatives and international obligations, particularly the Marrakesh VIP Treaty. Where section 13A provided restricted relief focused solely on visual or print disabilities, clause 19D establishes a comprehensive scheme aligned with contemporary disability rights jurisprudence. "The reading-in would be temporary in nature, serving as an interim bridge ensuring that the CAB's stated objectives persist despite procedural delays, and will remain until the formal legislative process is finalised," said the court. "Pending the coming into force of legislation remedying the constitutional defects in the Copyright Act 98 of 1978 as identified by this Court's judgment and order of 21 September 2022, the Copyright Act 98 of 1978 shall be deemed to include a section 19D reading as follows: 'Section 19D. (1) An authorised entity, or any person as may be prescribed and who serves persons with disabilities may, without the authorisation of the copyright owner, make an accessible format copy for the benefit of a person with a disability, supply that accessible format copy to a person with a disability by any means, including by non-commercial lending or by digital communication by wire or wireless means, and undertake any intermediate steps to achieve these objectives, if... conditions are met',' ruled Justice Mhlantla. The presidency did not respond to a request for comment by deadline. Cape Times

Blind SA celebrates 200 years of Braille with renewed commitment to accessibility and literacy
Blind SA celebrates 200 years of Braille with renewed commitment to accessibility and literacy

The Citizen

time29-04-2025

  • General
  • The Citizen

Blind SA celebrates 200 years of Braille with renewed commitment to accessibility and literacy

Blind SA celebrates 200 years of Braille with renewed commitment to accessibility and literacy As the world marks the bicentenary of Braille, Blind SA is proudly honouring the legacy and transformative power of this tactile system with a renewed call for inclusivity, literacy, and technological innovation for people with visual impairments across South Africa. Founded in 1946, Blind SA has long championed Braille as more than just a reading and writing tool but advocated for it as a vital instrument for independence, education, and equality. With deep historical roots and a progressive outlook, the organisation remains at the forefront of Braille advocacy, education, and production in the country. The Brialle manager at Blind SA, Ofentse Manyane, said that Braille is not a relic of the past but it's a bridge to the future. 'It empowers individuals to access information, engage with their communities, and live independent, meaningful lives. As we commemorate 200 years of Braille, we at Blind SA remain steadfast in our mission to make this invaluable tool accessible to all,' Ofentse said. Empowering through literacy and innovation Blind SA has long recognised literacy as a fundamental human right. Through its Braille Services department, established in 1953, the organisation produces accessible content in all eleven official South African languages. Their offerings include Braille, large print, audio formats, tactile graphics, and even 3D models. 'From accredited training programmes in Unified Braille Code to foundational tutorials offered to staff and interns, Blind SA's education initiatives aim to foster widespread Braille literacy. In the last financial year alone, the organisation trained more than 85 individuals, including educators, to further embed Braille in learning environments,' Ofentse explained. The organisation is also piloting an innovative project in partnership with the Lego Foundation and the University of Cape Town to bring Lego Braille Bricks into special schools. This playful yet powerful approach aims to ignite love for literacy from a young age, with promising early results and potential for national expansion. Ensuring access and equity Blind SA's production team of 21 dedicated staff members transcribes an array of materials from examination papers to restaurant menus into Braille, subsidising 99% of costs for blind individuals. Its commitment to making Braille affordable and available extends to publishing regular free publications such as Braillorama, The Trumpet, and the Blind SA Newsletter. Recognising the digital shift in information access, Blind SA also maintains one of South Africa's largest online libraries for visually impaired users. The Blind SA Bookshare service offers audiobooks, digital Braille, and large print files to over 700 members, providing an essential gateway to both leisure and academic resources. Preserving the past, embracing the future The Antoinette Botha Braille Museum, housed at Blind SA headquarters in Alrode, pays tribute to the tactile code's legacy through an impressive collection of historical Braille writing machines, modern embossers, tactile maps, and assistive technologies. The museum is a testament to the enduring relevance of Braille and its ongoing evolution in a digital world. As the nation reflects on 200 years since Louis Braille introduced the system that bears his name, Blind SA continues to raise awareness through public engagement, educational outreach, and community collaboration. Plans for online Braille training initiatives in the upcoming financial year promise to expand their reach even further. 'Braille is the heartbeat of Blind SA's mission. Its vitality lies in every touch and our work is dedicated to ensuring that this vital tool remains accessible and alive for generations to come,' Ofentse concluded. At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!

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