Settlement reached in discrimination litigation

Settlement reached in discrimination litigation

The outcome of legal proceedings in which a settlement has been reached between the South African Paralympic athlete, Hendri Herbst and a well-known Cape winery, is not only a victory for visually impaired people, but will assist greatly in creating awareness of the right of the disabled not to be discriminated against.

The Law Clinic recently instituted legal proceedings in the Equality Court on behalf of Herbst. The winery has admitted to discriminating against Herbst in 2014 when he was refused access to the winery’s restaurant due to the presence of his guide dog. In terms of the settlement agreement, which was made an order of the Equality Court on 26 September 2018, Durbanville Hills will issue a public apology in which it admits to discriminating against Herbst and undertakes to take “steps to ensure that all staff employed by Durbanville Hills will take part in sensitivity training from the Guide Dog Association of South Africa”. Durbanville Hills will further contribute R50 000 to the Guide Dogs Association “for the purpose of a media campaign to be run by it in order to raise awareness in respect of guide dogs”. Durbanville Hills will further pay an amount of R50 000 to Mr Herbst as compensation for the incident.

According to Dr Theo Broodryk, “the steps taken by Durbanville Hills are welcomed and will assist in raising awareness of the right of disabled individuals not to be discriminated against. The outcome of this matter should however also send a stern warning that discriminatory conduct towards vulnerable individuals such as Herbst will not be tolerated”.

For more information on the case or the SU Law Clinic visit or liaise with Ms Monja Posthumus-Meyjes, Attorney at the SU Law Clinic at 021 808 3600/2707.

2019 © UX Design & Development by NetMechanic