The Network and #UniteBehind take legal action in the fight for disability rights

A joint media statement by the Western Cape Network on Disability, #UniteBehind and Disability Revolution.

The Western Cape Network on Disability (WCND) and #UniteBehind, represented by the People's Legal Centre, have submitted their review application to the Western Cape High Court. This marks the next major step in our ongoing legal challenge against the City of Cape Town's attempt to roll back Dial-a-Ride (DaR) services for people with disabilities.

The City's planned cuts

On 7 August, the City of Cape Town announced that it would significantly reduce its Dial-a-Ride services. These cuts — which would have come into effect on 8 September — would exclude elderly people, blind and visually impaired persons, and people with various other disabilities who are not wheelchair-users or who do not have severe walking impairments, leaving thousands of disabled people without access to life saving services. This decision was taken without relevant consultation with people with disabilities, a painful reminder of our second-class status in society.

Our fight for human rights

We did not, however, accept society's projections of us as a fixed reality. The Constitution of South Africa guarantees all human beings the rights to equality, dignity and full participation in society. Disability rights are, after all, human rights.

The Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) states that no person may unfairly discriminate against any person on the grounds of disability, including denying or removing from any person who has a disability any supporting or enabling facility necessary for their function in society. This law is one among many that enshrine the obligations of the State to protect and promote our basic human rights.

Both the City's Universal Access Policy and Integrated Transport Plan note that Dial-a-Ride is a critical service for people with disabilities. They further acknowledge that the current level of access for people with disabilities remains very poor. The Integrated Transport Plan frames Dial-a-Ride as a complementary service that should shrink as other forms of public transport become more accessible.

Through the representation of People's Legal Centre, WCND launched an urgent application at the Western Cape High Court for an interim interdict to stop the cuts for 60 days. During this time, we engaged in an education and mobilisation campaign, with Disability Revolution — supported by #UniteBehind and the WCND — playing an active role. Following increasing public pressure, the City met with our representatives and reached an agreement that was made an order of the court. This court-ordered agreement effectively paused and reversed all cuts to the service until 10 October.

One step forward, two steps back

Although we welcomed the court-ordered agreement as a victory for human rights, we were disappointed to learn that the City may have not kept to its end of the bargain. While the service is supposed to be operating normally, users have encountered difficulties when booking rides. We believe that there has been a reduction in the number of trips available per day, reportedly from thirty ad hoc trips to fifteen.

Our demands: a disability revolution

Through this legal review, we ask that the court declare the planned cuts to Dial-a-Ride unlawful and order that they be abolished completely. Universal access in any society requires expansive and effective cooperative governance. We therefore ask that the court direct all spheres of government to take collective responsibility for ensuring universal access, by developing a plan to maintain and extend immediate access to specialised transport services for people with disabilities in the City. This plan must include the meaningful participation of us as people living with disabilities.

All affidavits were signed and commissioned this morning, and the City's legal representatives have acknowledged receipt of the application. In terms of legal procedure, the City must submit the record of decision within 15 court days — the full set of documents, correspondence, and materials the City relied on when making its decision to cut Dial-a-Ride services. Once this has been submitted, further proceedings will continue. Until the review process is concluded, the existing interim interdict remains in force, meaning that Dial-a-Ride must continue operating as it did before the attempted service cuts.

This moment represents more than just another legal case. It represents a struggle for human rights and dignity: the struggle of a historically marginalised community led by volunteers, activists and allies equipped with knowledge, love and solidarity.

We believe that our case is one of merit and expect the court to rule in our favour. Regardless of the outcome, this moment crystallises the need for a revolution in thinking, programmes and practices in all levels of society.

The WCND, Disability Revolution and #UniteBehind remain committed to this goal, including the creation of a long-term, integrated, and accessible transport system for all residents in Cape Town, in line with the principles of the Constitution, the White Paper on the Rights of Persons with Disabilities, and the UN Convention on the Rights of Persons with Disabilities.