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					  THE DEPARTMENT OF WOMEN, CHILDREN AND PERSONS WITH
                     DISABILITIES




                      DRAFT
                     NATIONAL DISABILITY POLICY

                                   AND

                 GUIDELINES FOR IMPLEMENTATION




This document is based on the UN Convention on the Rights of Persons with
                               Disabilities.
“To deny any person their human rights is to challenge their very humanity.”
                              – NR Mandela
Foreword

The concept “a society for all” is strengthened and deepened when we recognise that
persons with disabilities share the same rights as their fellow citizens and the responsibility
of creating such a society is shared by everyone. Numerous international and national
legislation, instruments and policies have been developed to facilitate the creation of a
society for all in which the rights of persons with disabilities are upheld. The White Paper on
Integrated National Disability Strategy (INDS:1997) is one of the policies that assisted us to
better meet our constitutional mandate on promoting equity, access and non-discrimination.
However, as Government it is acknowledged that more can be done to address the needs
of many persons with disabilities who remain excluded from the mainstream society.

Despite the continued exclusion of persons with disabilities from the mainstream society,
our Government, more than ever, remains committed to increasing the momentum towards
a society inclusive of persons with disabilities in business, employment and service delivery.

The directive from Cabinet to review the INDS in 2005 came at an opportune moment to
incorporate new developments in disability at international and national level. The most
significant is the UN Convention on the Rights of Persons with Disabilities (2007) and its
Optional Protocol which created the basis for the review of the INDS and the subsequent
development of the National Disability Policy.

The development of this policy was a collaborative effort of Government with various
stakeholders including the civil society. We trust that this document will be useful in
promoting and protecting the rights and dignity of persons with disabilities by making a
significant contribution to redress the profound social disadvantages and facilitating their
participation in the mainstream society. We call on all stakeholders to engage in taking
positive steps to conform to the Constitution of the Republic of South Africa Act, (No.108 of
1996) and to all international and national instruments which drive similar determination.

We hold out great hope that through the measures put forward in this National Disability
Policy and its Implementation Guidelines, we will be able to create a society for all in our
country.

We hereby call upon all Government Departments to ensure that this important Policy and
its Implementation Guidelines make a sustainable difference in the lives of persons with
disabilities and their families. We believe that through Government‟s commitment and
leadership we will jointly realize and uphold the rights of persons with disabilities which is so
strongly stipulated in the UN Convention on the Rights of Persons with Disabilities signed
on behalf of South Africa by President T. M. Mbeki on the 27th of October in the year 2007.


__________________________________
Minister of Women, Children and Persons with Disabilities




                                                                                               1
Executive Summary

National Disability Policy and its Implementation Guidelines is a response to Cabinet decision to
review the Integrated National Disability Strategy (INDS:1997). The aim of the review was to take
into consideration updated policies, legislation and protocols as well as the impact of a changing
and progressive international context on disability. At the same time, South Africa recognised the
value presented to the country in the UN Convention on the Rights of Persons with Disabilities
and identified that the Articles of the Convention will guide Government‟s response to achieving
disability mainstreaming.

This policy is intended to support an integrated approach towards the full inclusion of persons
with disabilities through the implementation of the policy objectives outlined in this document. It
must be read in conjunction with the Constitution of South Africa Act 108 of 1996 as well as all
relevant legislation, regulations and policies. Furthermore, it outlines the roles of all stakeholders
within the framework of a completely new vision of mainstreaming disability into legislation,
policies, programmes and projects. These stakeholders include the Minister and the Director-
General in the Presidency, Ministers and Directors-General in departments, National and
Provincial Offices on the Status of Disabled Persons, disability Focal Persons at all tiers of
Government, Treasury, Municipalities, the Inter-Provincial Forum (IPF), the Inter-Departmental
Coordinating Committee on Disability (IDCCD) and the National Disability Machinery (NDM). This
Policy is therefore intended for use by Government Departments at all spheres and all
stakeholders who are responsible for creating “a society for all” and disability mainstreaming.

There is a focus on General Policy Guidelines which are to be addressed by lead departments
working in collaboration with stakeholders. Some of the general policy guidelines addressed are:
access to communication and information, prevention, public education and awareness,
reasonable accommodation, universal access and design, monitoring and evaluation, budgeting,
HIV and AIDS, mainstreaming, safety and security and human resource development.

Current inequitable and exclusionary practices associated with disability will be addressed head
on so as to ensure that persons with disabilities are accorded equal rights and opportunities in
South Africa.




                                                                                                    2
Acknowledgements

The Office on the Status of Disabled Persons (OSDP) wishes to acknowledge all role
players in the production of this document, including representatives of Government
departments of the Inter-Departmental Coordinating Committee on Disability (IDCCD), the
Inter-provincial Forum (IPF), South African Disability Alliance (SADA), civil society and all
other stakeholders.




                                                                                           3
DEFINITIONS

Assistive devices and technologies

Assistive devices and technologies refer to key mechanisms such as equipments, tools,
products and consumables required to promote the integration and equalization of
opportunities of persons with disabilities into all mainstream activities including activities of
daily living and employment.

Accessibility

Accessibility refers to equitable access for persons with disabilities to all services, products
and facilities on an equal basis with others. This includes access to the built environment,
transportation, information, including information and communication technologies, live
assistance and all other systems and facilities offered to the public (The Convention on the
Rights of Persons with Disabilities :2007).

Acquired disability

Disability is acquired when an impairment, which could be temporary or permanent in
nature, is incurred as a result of illness, injury or trauma.

Communication

The Convention on the Rights of Persons with Disabilities (2007) defines communication as
inclusive of languages, display of text, braille, tactile communication, large print, accessible
multimedia as well as written, audio, plain-language, human-reader and augmentative and
alternative modes, means and formats of communication as well as accessible information
and communication technology.

Disability

The Convention on the Rights of Persons with Disabilities (2007) recognises disability as an
evolving concept which results from the interaction between persons with impairments and
attitudinal and environmental barriers. It recognises persons with disabilities as those
persons who have long-term physical, mental, intellectual or sensory impairments which in
interaction with various barriers may hinder their full and effective participation in society on
an equal basis with others.

A broad definition of disability refers to the loss or elimination of opportunities to take part in
the life of the community equitably with others, that is encountered by persons having
physical, sensory, psychological, developmental, learning, neurological or other
impairments which may be permanent, temporary or episodic in nature, thereby causing
activity limitations and participation restriction with the mainstream society. These barriers
may be due to economic, physical, social, attitudinal and/or cultural factors (Cabinet: 2005).




Disability Structures


                                                                                                 4
Disability structures refer to all structures established with the purpose of ensuring
accelerated service delivery to and self governance of persons with disabilities and their
families within an integrated approach.

Discrimination on the basis of disability

Discrimination on the basis of disability refers to imposing any distinction, exclusion or
restriction of persons on the basis of disability which has the purpose or effect of impairing
or nullifying the recognition, enjoyment or exercise, on an equal basis with others, on all
human rights and fundamental freedoms in the political, economic, social, cultural, civil, or
any other field. It encompasses all forms of unfair discrimination, whether direct or indirect,
including denial of reasonable accommodation.

Habilitation and Rehabilitation

Habilitation refers to a variety of support mechanisms designed to increase a person‟s
independence. The goals of this service include supporting a person to gain knowledge and
skills, assisting in learning, socialization skills and appropriate behaviour as well as gaining
and maintaining a quality life. This support may be in the home or community.

Rehabilitation is a goal-orientated and time-limited process aimed at enabling a person with
impairment to reach an optimum mental, physical and/or social functional level, thus
providing the person with the tools to change his/her own life. It involves measures intended
to compensate for a loss of function or functional limitation (for example by technical aids)
and other measures intended to facilitate social adjustment or readjustment. (World
Programme of Action for Disabled Persons:1982).

Impairment

The term impairment involves an anomaly, a defect, loss or a significant deviation in body
structure or functioning. The impairment may be permanent or temporary, progressive or
regressive. It can be physiological, intellectual, psychological or sensory in nature. An
impairment which is associated with a cause does not imply illness or a disorder.

Inclusivity

Inclusivity refers to the right of persons with disabilities to participate fully in economic,
social and cultural life and to have opportunities, experiences and access to facilities and
services in a way that is equitable with those opportunities, experiences and access
provided to all persons.

Inclusive Design

Inclusive Design refers to the design of products, information and environments that can be
used by all persons, to the greatest extend possible and are not necessarily more expensive
or necessarily designed exclusively for persons with disabilities. The products, information
and environments can serve a large variety of needs with minimum adaptation.


Independent Living


                                                                                              5
Independent Living is a process whereby a person recognizes and optimizes residual ability
through the coordination of all available resources and the application of skills thereby
contributing toward the independent functioning of the person within society. This process
affords the individual an equal opportunity to function and participate optimally in all
contexts in the society and to live with dignity.

Individualised support

Individualised support facilitates overcoming all barriers which result in disability. An
individualised outcome-based programme is designed for the person, the family and
caregivers, specifically to provide support and takes into consideration the person‟s unique
and diverse needs.

Intellectual Disability

Intellectual disability refers to impairments of a permanent nature that result in significantly
below-average cognitive ability. This concept may also be used to describe the outcome of
traumatic brain injury, lead poisoning or dementing conditions such as Alzheimer‟s disease.

Language

Language includes spoken and signed languages and other forms of non-spoken languages
(Convention on the Rights of Persons with Disabilities: 2007).


Learning disability

This refers to a group of impairments that affect a broad range of academic and functional
skills including the ability to speak, listen, read, write, spell, reason and organize
information. A learning disability is not indicative of low intelligence since research indicates
that people with learning disabilities have average or above-average intelligence. Causes of
learning disabilities include a deficit in the brain that affects the processing of information.

Mainstreaming disability

In the context of a rights discourse and sustainable development, mainstreaming is about
dignity, self-worth, autonomy and self-determination. It is a strategy for making the concerns
and experiences of persons with disabilities an integral dimension of the design,
implementation, monitoring and evaluation of policies and programmes in all political,
economic and societal spheres so that persons with disabilities benefit on an equitable
basis.

Mental disability, mental disorder or mental illness

This refers to psychological or physiological impairment of a permanent or recurring nature.
It is a positive diagnosis (psychiatric diagnosis) of a mental health related illness in terms of
accepted diagnostic criteria made by a mental health care practitioner authorised to make
such a diagnosis. Guidelines defining criteria are listed in the International Statistical
Classification of Diseases and Related Health Problems (ICD).




                                                                                               6
Mental Health status

This refers to the level of mental well-being of an individual as affected by physical, social
and psychological factors and which may result in a psychiatric diagnosis.

Prevention

Primordial     prevention involves strategies that encourage communities to live healthy
lifestyles thereby preventing the onset of any risk factors which could result in impairment
and subsequent disability.

Primarily prevention involves all measures to prevent the onset of diseases, injuries or
conditions that can result in impairment and subsequent disability or activity limitation. Such
measures include raising public awareness and health education, immunisation, maternal
and child health services and promoting road and occupational safety.

Secondary prevention refers to early identification and intervention on impairment, diseases,
injuries, or conditions to prevent the development of disability or activity limitation.

Tertiary prevention involves all management measures to maintain and where possible
enhance functioning as well prevent the impairment or condition from creating further
disability. Such measures include rehabilitation, surgery and or the provision of assistive
devices.

Reasonable Accommodation

Reasonable Accommodation refers to necessary and appropriate modification and
adjustments not imposing a disproportionate or undue burden, where needed in a particular
case, to ensure persons with disabilities the enjoyment or exercise on an equal basis with
others of all human rights and fundamental freedoms (Convention on the Rights of Persons
with Disabilities: 2007).

Stakeholder

Stakeholder refers to any individual or group with vested interest who may add value,
contributes towards the development of or benefits from interventions in the disability sector.

Statutory Bodies

Statutory Bodies refer to State Institutions supporting constitutional democracy and
constitutional public administration, as outlined and mandated in Chapter 9 and 10 of the
Constitution of the Republic of South Africa Act, (No. 108 of 1996).

These institutions are independent and impartial and are subject only to the Constitution
and the law, and no person or organ of state may interfere with the functioning of these
institutions. Other organs of state, through legislative and other measures, shall assist and
protect these institutions to ensure their independence, impartiality, dignity and
effectiveness. These institutions are accountable to the National Assembly, and shall report
on their activities and the performance of their functions to the Assembly at least once a
year.



                                                                                                 7
Universal Design

The Convention on the Rights of Persons with Disabilities of 2007 defines universal design
as the design of products, environments, programmes and services to be usable by all
persons to the greatest extent possible without the need for adaptation or specialized
design, including assistive devices and technologies for particular groups of persons with
disabilities where these are needed.




                                                                                        8
ACRONYMS

ABET: Adult Basic Education and Training

CASE: Community Agency for Social Enquiry

ECD: Early Childhood Development

GWM&E: Government-wide Monitoring and Evaluation System

IDCCD: Inter-Departmental Coordinating Committee on Disability

ILO: International Labour Organization

INDS: Integrated National Disability Strategy

IPF: Inter-Provincial Forum

JMC: Joint Monitoring Committee

NDM: National Disability Machinery

OSDP: Office on the Status of Disabled Persons

SADA: South African Disability Alliance

SASL: South African Sign Language

TAG: Technical Assistance Guidelines

SAPS: South African Police




                                                                 9
Foreword-----------------------------------------------------------------------------------------------1
Executive Summary--------------------------------------------------------------------------------2
Acknowledgements--------------------------------------------------------------------------------3
Definitions of key terms--------------------------------------------------------------------------4
Acronyms----------------------------------------------------------------------------------------------9




                             TABLE OF CONTENTS

CHAPTER                               CONTENTS                                                        PAGE
1                  INTRODUCTION                                                                       13
1.1                UN Convention on the Rights of Persons with Disabilities                           13
1.2                Integrated National Disability Strategy (INDS) Review                              13
1.3                National Disability Policy                                                         14
1.4                Purpose                                                                            14
1.5                Principles and Objectives of the National Disability Policy                        14

2                  Background                                                                         16
2.1                Introduction                                                                       16
2.2                Causes of Disability                                                               16
2.3                Prevalence of Disability                                                           17
2.4                Disability and Exclusion                                                           20
2.5                Sectors experiencing greater exclusion                                             20

3                  INSTITUTIONAL AND LEGAL FRAMEWORK                                                  21
3.1                Institutional                                                                      21
3.1.1              Minister and the Director-General in the Presidency                                21
3.1.2              Minister and the Director-General in Departments                                   22
3.1.3              Location and function of the Office on the Status of Disabled                      22
                   Persons(OSDP)
3.1.4              Location and functions of Disability Focal Person/Point                            23
3.1.5              The Inter-Departmental Coordinating Committee on Disability                        24
3.1.6              The Inter-Provincial Forum                                                         24
3.1.7              Roles and Functions of Municipalities                                              24
3.1.8              Roles and Functions of the National Disability Machinery                           24
3.1.9              Functions of the Presidency and Treasury                                           25
3.2                Legal Framework                                                                    25
                   Health                                                                             25
                   Transport                                                                          26
                   Housing                                                                            26
                   Education                                                                          27
                   Occupational Health and Safety                                                     27
                   Labour                                                                             28



                                                                                                             10
          Social Assistance                                           28
          Human Rights Acts                                           28
CHAPTER                    CONTENTS                                   PAGE
4         POLICY GUIDELINES OF THE NATIONAL DISABILITY                30
          POLICY
4.1       Cross-cutting Policy Guidelines                             30
4.1.1     Access to Communication and Information                     30
4.1.2     Prevention                                                  31
4.1.3     Public Education and Awareness                              31
4.1.4     Reasonable Accommodation                                    32
4.1.5     Universal Access                                            33
4.1.6     Monitoring and Evaluation                                   33
4.1.7     Budgeting                                                   34
4.1.8     HIV and AIDS                                                34
4.1.9     Mainstreaming                                               35
4.1.10    Safety and Security                                         35
4.1.11    Human Resource Development                                  36

4.2       General Policy Guidelines                                   37
4.2.1     Health Care                                                 37
4.2.2     Habilitation and Rehabilitation                             38
4.2.3     Transport                                                   39
4.2.4     Research, Dissemination of Data, and Research Information   39
4.2.5     Education                                                   41
4.2.6     Early Childhood Development (ECD)                           42
4.2.7     Social Development and Social Security                      43
4.2.8     Employment and Economic Empowerment                         44
4.2.9     Housing                                                     47
4.2.10    Sport, Cultural Life, Recreation and Leisure                47

5         GUIDELINES FOR IMPLEMENTATION OF THE NATIONAL               49
          DISABILITY POLICY
TABLE 9   Cross Cutting Policy Guidelines                             55
9.1       Access to Communication and Information                     50
9.2       Prevention                                                  50
9.3       Public Education and Awareness                              51
9.4       Reasonable Accommodation                                    52
9.5       Universal Access and Design                                 53
9.6       Accessible Environment                                      53
9.7       Monitoring and Evaluation                                   54
9.8       Budgeting                                                   54
9.9       HIV and AIDS                                                54
9.10      Safety and Security                                         55
9.11      Human Resource and Development                              56

TABLE10   General Policy Guidelines                                   57
10.1      Health Care                                                 57
10.2      Habilitation and Rehabilitation                             58
10.3      Transport                                                   59


                                                                             11
10.4    Research, Dissemination of Data and Research Information   59
10.5    Education                                                  60
10.6    Employment and Economic Empowerment                        61
10.7    Early Childhood Development                                62
10.8    Social Development and Social Security                     63
10.9    Housing                                                    64
10.10   Sport, Cultural Life, Recreation and Leisure               64

6       PRINCIPLES OF MONITORING AND EVALUATION                    66

        CONCLUSION                                                 67
        BIBLIOGRAPHY                                               68
        REVIEW                                                     71




                                                                        12
CHAPTER 1: INTRODUCTION

Persons with disabilities have the constitutional right to equal citizenship. In the context of a
rights discourse and sustainable development, mainstreaming is about dignity, self-worth,
autonomy and self-determination. It is a strategy for making the concerns and experiences
of persons with disabilities an integral dimension of the design, implementation, monitoring
and evaluation of policies and programmes in all political, economic and societal spheres so
that persons with disabilities benefit on an equitable basis.

Essential to achieving equitable access demands Government commitment to integrating all
disability related issues into departmental strategic and operational plans, implementation
programmes and services. It is imperative that disability related issues are not viewed or
managed as separate from or additional to the core business of Government departments.
Disability-related issues should be included from the outset in all planning, budgeting,
implementation and monitoring of National, Provincial, Local and Municipality programmes
services.

1.1 UN Convention on the Rights of Persons with Disabilities

As a signatory of the UN Convention on the Rights of Persons with Disabilities (2007),
President Thabo Mbeki committed South Africa to locating disability within a Human Rights
Framework. South Africa therefore recognises the UN Convention on the Rights of Persons
with Disabilities as the basis of realizing a mainstreamed society. The importance of
mainstreaming disability as an integral part of relevant strategies of sustainable
development is emphasized by the Convention.

The UN Convention is informed within an international context by international and national
legislation, policies and instruments, including the World Programme of Action Concerning
Disabled Persons, the Standard Rules for the Equalisation of Opportunities for Disabled
Persons, the Bill of Human Rights and the Disability Rights Charter of South Africa.

The purpose of the Convention is to promote and protect the human rights of persons with
disabilities by ensuring their full and equal participation in all spheres of life as well as
ensuring their equal and sustainable access to services and development. The Articles
within the Convention outline implementation Guidelines for Government Departments.

1.2 Integrated National Disability Strategy (INDS:1997) Review

The White Paper on an Integrated National Disability Strategy represented Government‟s
thinking on its contribution to the development of persons with disabilities and to the
promotion and protection of their rights. Its vision is “a society for all” which could only be
achieved through the integration, and coordination of disability issues, in all Government
development strategies, planning and programmes (INDS:1997).

In 2005, Cabinet issued a directive to review the INDS taking into consideration updated
policies, legislation and protocols as well as the impact of change and the progressive
international context on disability in South Africa. At the same time, South Africa recognised
the value presented to the country in the UN Convention on the Rights of Persons with


                                                                                              13
Disabilities and identified that the Articles of the Convention will guide Government‟s
response to achieving an Inclusive Society in the review process.



1.3 National Disability Policy

The National Disability Policy emerged from an extensive consultation process with
Government departments, the disability sector and various other stakeholders which was
initiated by the Office on the Status of Disabled Persons (OSDP). This consultation process
resulted in the identification of key recommendations which were then incorporated in the
Implementation Guidelines. The process also reflected a need to explore disability specific
legislation.



1.4 Purpose

The purpose of this document is to update the Integrated National Disability Strategy
(INDS:1997) and to use the UN Convention on the Rights of Persons with Disabilities to
guide all stakeholders on the implementation of the policy objectives. The Convention is
intended to promote, protect and ensure the full and equal enjoyment of all human rights
and fundamental freedoms by all persons with disabilities. In this sense, it provides the
national interpretation of the Convention and ensures that there is a clear link between the
Convention, the Constitution and the framework of policy that has been developed to
promote the rights of persons with disabilities.




1.5 Principles and Objectives of the National Disability Policy

The underlying principles guiding the National Disability Policy are expressed within the
context of the Convention on the Rights of Persons with Disabilities and all current
international and national policies, protocols and legislation. Based on direct consultation
with and participation of persons with disabilities, the objectives of the National Disability
Policy include:

   To ensure and promote the rights and fundamental freedoms of all persons with
    disabilities without any direct and indirect discrimination on the basis of discriminatory
    laws.

   To take appropriate measures in reviewing current legislation in order to strengthen
    compliance mechanisms.

   To amend all discriminatory laws, regulations, policies, customs and practices which
    constitute discrimination against persons with disabilities and develop new legislation
    where necessary.




                                                                                           14
   To facilitate the development of reasonable accessibility standards and norms for
    persons with disabilities.

   To promote and develop research of universal designed goods, services, equipment
    and facilities for persons with disabilities.

   To promote equalization of socio-economic opportunities for persons with disabilities.

   To ensure proper coordination as well as monitoring and evaluation of disability
    programmes, policies, strategies, plans and projects at all spheres of Government as
    well as the adoption of an intersectoral approach in the implementation process.

   To ensure all disability programmes and objectives are mainstreamed into Government
    line function planning, implementation and budget allocation.

   To ensure that municipalities and Local Government recognize and accept their vital
    role in implementing all policies, programmes and projects which address the needs of
    persons with disabilities and their families or caregivers, in line with national and
    provincial disability specific indicators.

   To ensure reasonable accommodation               towards   equalizing   opportunities   and
    responsibilities of persons with disabilities.

   To ensure proper and effective functioning of a national coordinating body on disability
    in its role to monitor, coordinate and advise on all issues relating to disability.




                                                                                             15
CHAPTER 2: BACKGROUND

2.1 Introduction

There is great variance in the manner in which “disability” is viewed and defined.
Historically, disability has been regarded from within a medical model as a health and
welfare issue with state intervention channelled through health and welfare institutions. The
focus was on the impairments of a person as a „problem‟ to be fixed or treated, with little or
no consideration of the context in which that person functioned, and in isolation and
exclusion from mainstream life. Decisions were traditionally made mainly by service
providers with little or no consultation with persons with disabilities and their families
resulting in widespread dependence on experts and disempowerment of persons with
disabilities.

The social model views disability as a human rights and a developmental issue. The model
does not locate the “problem” within the person with impairment; rather, it acknowledges
and emphasizes barriers in the environment which disable the person with the impairment.
The social model aims to include rather than exclude persons with disabilities from
mainstream life.

According to the UN Convention on the Rights of Persons with Disabilities (2007), disability
is recognised as an evolving concept resulting from the interaction between persons with
impairments and attitudinal and environmental barriers which hinder the person‟s full and
effective participation in society on an equal basis with others.

In line with the social model of understanding disability, all Government and non-
Governmental role players concur with the Cabinet (2005) proposal on the application of a
standardized definition of disability. This proposed definition is directly compliant with that of
the UN Convention on the Rights of Persons with Disabilities. The Cabinet definition is as
follows:

“Disability is the loss or elimination of opportunities to take part in the life of the community
equitably with others that is encountered by persons having physical, sensory,
psychological, developmental, learning, neurological or other impairments, which may be
permanent, temporary or episodic in nature, thereby causing activity limitations and
participation restriction with the mainstream society. These barriers may be due to
economic, physical, social, attitudinal and/or cultural factors.”

2.2 Causes of Disability

Disability is an evolving concept and results from the interaction of persons with
impairments and attitudinal or environmental barriers hindering their full and effective
participation in the society. Many of these impairments are preventable.

Factors that contribute to impairments and disability include:

      Violence and war;
      Poverty;
      Lack of accurate information about prevention and management of disability;
      Failure of medical services;


                                                                                               16
        Unhealthy lifestyles;
        Environmental factors such as epidemics, natural disasters, pollution and trauma.

2.3 Prevalence of Disability

There is a serious lack of reliable and relevant information on the nature and prevalence of
disability in South Africa. Historically this has been due to a variety of reasons, such as
failure to mainstream disability into Government statistical processes, the use of divergent
survey methodologies, negative attitudes towards persons with disabilities, poor
infrastructure and violence in underdeveloped areas which impedes data collection and
diverse definitions of disability.

Cabinet adopted a broad definition of disability for the specific purpose of identifying
individuals who qualify for free health care and disability grants in the year 2005. The extent
to which this definition could serve to mainstream disability into Government statistical
processes should be reviewed and a standard definition for this purpose finalized.

Despite these difficulties, however, some information on the prevalence of impairments in
South Africa is available. The 2001 census estimates that of the approximately 44,8 million
persons counted in census 2001, 2.3 million reported a serious disability which is here
inferred to as reported impairment1 that prevented the person‟s full participation in life
activities such as socializing, education and work. These disabilities were disaggregated as
follows:




Table 1: Prevalence of impairments in South Africa

Visual Disability                     577 000                              1,3%
Physical Disability                   558 000                              1,2%
Hearing Disability                    314 000                              0,7%
Emotional Disability                  269 000                              0,6%
Intellectual Disability               206 000                              0,5%
Communication Disability               75 000                              0,2%
Multiple Disabilities                 257 000                              0,6%

Social security assistance in the form of social grants has been highly effective in reducing
poverty and promoting social development among persons with disabilities. There has been
an increase in provision of disability grants, from 633 778 in 1999 to over 1 429 593 in 2007.

Data on disability grants has been tracked yearly as follows:

Table 2: Social Assistance Support


1
 It is recognized that the focus on this study was on impairment rather than disability as per accepted definition
of this document. This is a common trend for disability research studies thus far.




                                                                                                               17
Goal: To provide appropriate social assistance support to all eligible beneficiaries.
Trend analysis: The strong growth in disability grants is a reflection of Government‟s programme of
social assistance and poverty reduction for persons with disabilities.
DISABILITY GRANTS (Copy from FYR and paste here)
Year             1999   2000       2001       2002       2003        2004      2005      2006  2007
Disability       6337    612        641       732           953      1         1         1     1 429
                 78     614        459        928        965         270964 307459 332547 593
Definition: Total number of recipients of disability grants as recorded at April of each
             year.
Data source: Social Security Pension System (Socpen): Estimates of National
               Expenditure (ENE): 2007. National Treasury.

Government has created an economically enabling environment for targeted groups which
includes legislation, policies, and programmatic measures to facilitate their employment.
However, progress in employment for persons with disabilities is still too slow.


The race and gender representation of the various groups at the Professionally Qualified
and Middle Management level has been a disappointment to the Commission. At this level,
instead of making any progress we are actually regressing. (Hence, the Minister‟s
contemplations whether affirmative action will ever become obsolete). At this level, Black
representation decreased by 7.6% from 44.1% in 2000 to 36.5% in 2006. African
representation decreased by 12.6%. White representation increased by 6.1% from 56.1% in
2000 to 62.2% in 2006. The representation of Black females decreased by 11.1% from 24.9
in 2000 to 13.8% in 2006, while the representation of White females increased by 3.8% from
18.3% in 2000 to 22.1% in 2006. The decrease of people with disabilities from 1% over the
years to 0.7% in the workforce does not bode well for our country. This is particularly
concerning since this is a section of the population who are viewed as not (when they often
can and do) being able to make a contribution because of prejudice.




                                                                                                18
The table below illustrates total number of employees with disabilities by occupational level, race and gender according to the Commission for
Employment Equity Annual Report of 2006-2007:

Table 3. Total number of employees with disabilities classified on basis of occupational level, race and gender.

Occupational level                Male                                 Female                                     Foreign nationals    Total
                            African    Coloured     Indian   White     African    Coloured     Indian   White     Male     Female
Top management              7          6            7        123       4          3            0        27        2        0           179
                            3.9%       3.4%         3.9%     68.7%     2.2%       1.7%         0%       15.1%     1.1%     0%          100%
Senior Management           28         5            15       145       7          2            6        57        6        2           273
                            10.3%      1.8%         5.5%     53.1%     2.6%       0.7%         2.2%     20.9%     2.2%     0.7%        100%
Professionally qualified    55         40           24       376       25         11           15       131       10       2           689
and experienced             8.0%       5.8%         3.5%     54.6%     3.6%       1.6%         2.2%     19.0%     1.5%     0.3%        100%
specialists and mid-
management.
Skilled technical and       621        165          98       995       137        120          33       468       77        3          2717
academically qualified      22.9%      6.1%         3.6%     36.6%     5%         4.4%         1.2%     17.2%     2.8%      0.1%       100%
workers, junior
management, supervisors
foremen and
superintendents.
Semi-skilled and            1502       209          74       463       331        195          62       416       203       0          3455
discretionary decision-     43.5%      6.1%         2.1%     13.4%     9.6%       5.6%         1.8%     12%       5.9%      0%         100%
making
Unskilled and defined       2552       173          20       92        176        122          8        38        1362      2          4645
decision-making             54.9%      3.7%         0.4%     2.0%      5.9%       2.6%         0.2%     0.8%      29.3%     0%         100%
Total permanent             4765       598          238      2194      780        453          124      1137      1660      9          11958
                            39.9%      5%           2%       18.4%     6.5%       3.8%         1%       9.5%      13.9%     0.1%       100%
None permanent              71         14           2        23        60         19           2        12        1         0          204
employees                   34.8%      6.9%         1.0%     11.3%     29.4%      9.3%         1%       5.9%      0.5%      0%         100%
GrandTotal                  4836       612          240      2217      840        472          126      1149      1661      9          12162
2.4 Disability and Exclusion

The majority of persons with disabilities in South Africa have been excluded from mainstream
society and have thus been prevented from accessing fundamental social, political and
economic rights and opportunities. This has resulted in widespread poverty, unemployment and
social segregation. The exclusion experienced by persons with disabilities and their families is
the result of a range of factors such as exclusionary barriers in society, the legacy of the
inequalities of the apartheid system and the enduring stereotypes of persons with disabilities
that continue to impact negatively on the lives of persons with disabilities.



2.5 Sectors experiencing greater exclusion

The Community Agency for Social Enquiry (CASE) of 1999 confirms the relationship between
Disability and Poverty and focuses on the multiple disadvantages experienced by various
sectors particularly women and those living in rural areas.

The social segregation and inequalities of society in general often intersects with disability in
ways that increase the vulnerability of sub-groups of persons with disabilities. Such individuals
and their families often face unique challenges and may experience even higher levels of
exclusion than persons and families with disabilities in general. It is therefore vital that these
sectors receive special targeting in order to redress past and present inequalities. Targeted
groups include:

   Women and children with disabilities, particularly black and rural women and children with
    disabilities;
   Persons with disabilities living in rural areas, including remote rural areas and informal
    settlements;
   Persons with mental disorders, including intellectual disabilities and mental disabilities;
   Elderly persons with disabilities;
   Youth with disabilities;
   Persons with disabilities who have been displaced by violence and war;
   Persons with disabilities and HIV and AIDS;
   Persons who acquire disabilities through disabling conditions brought on by the progression
    of HIV and AIDS;
   Persons with multiple disabilities.
CHAPTER 3: INSTITUTIONAL AND LEGAL FRAMEWORK

3.1 Institutional Framework

To give effect to the urgent constitutional mandate on disability in South Africa, a National
Coordinating office should exist within the Ministry for Women, Children and Persons with
Disabilities. This office will ensure that issues relating to disability are mainstreamed into
planning and implementation processes and budgets of all tiers of Government. It is envisaged
that the mandate of the National Coordinating office will be replicated at Provincial and Local
level and that Local Government and Municipalities will be the levels at which service delivery
will take place.

Focal Persons dealing with targeted groups should hold a position of authority at all spheres of
Government. They should coordinate and monitor the development of disability-related policies
and programmes and the implementation thereof. Subsequently, a national body representing
Government, civil society, statutory bodies, chambers, unions, institutes of higher education and
other relevant stakeholders2 will ensure the effective integration of all stakeholders.

The success in the implementation of this National Disability Policy relies on how well roles and
responsibilities of all stakeholders are defined, integrated and implemented. These include the
Ministers, Directors-General in Departments, Disability Focal Persons at all spheres of
Government, Treasury, Municipalities, and the National Disability Machinery (NDM).


3.1.1 Minister and the Director-General

The Minister and the Director-General in the Ministry for Women, Children and Persons with
Disabilities have distinct overarching functions and their roles are therefore treated separately.
They are custodians and principal champions on disability issues.

3.1.1.1 Functions of the Minister for Women, Children and Persons with Disabilities

     Coordinates disability issues through Cabinet and Cabinet Committees;
     Provides political guidance;
     Accounts on the national disability programme;
     Liaises with other Ministers.
      Facilitates policy implementation towards the empowerment, advancement and socio-
       economic development of persons with disabilities.
     Mainstreams disability considerations into government policies, governance processes
      and programmes
     Facilitates, coordinates, oversees and reports on disability programmes nationally,
      regionally, continentally and internationally.


3.1.1.2 Functions of the Director-General in the Ministry for Women, Children and
Persons with Disabilities


2
 At the time of the writing of this policy, the National body for the coordinating of disability is the National
Disability Machinery (NDM)


                                                                                                                   21
     Oversees the implementation of disability related legislation, policies, programmes and
      projects in all spheres of government.
     Ensures that disability is mainstreamed in the Forum of South African Directors-General
      (FOSAD) and in all spheres of government;
     Ensures disability sensitization in all spheres of Government;
     Facilitates disability mainstreaming among senior managers such as Directors-General;
     Provides administrative guidance for the disability programmes; and
     Accounts on the national disability programme.


3.1.2 Ministers and the Directors-General in other Departments

Ministers and Directors-General of departments have a central role to play in the sector
specific programmes. Departments are vital centres of delivery towards the advancement
of persons with disabilities.

3.1.2.1 Roles and Functions of Ministers in Departments

      Liaise with the Minister for Women, Children and Persons with Disabilities;
      Oversee the translation of national goals into sector specific programmes;
      Report to Cabinet on sector specific programmes; and
      Provide political leadership in the department.

3.1.2.2 Roles and Functions of Directors-General in Departments

       Include disability issues as a core function in the performance agreement of all Senior
        Managers;
       Assist the Director-General in the Ministry for Women, Children and Persons with
        Disabilities in ensuring the integration of disability issues into all public service
        regulations;
       Ensure that sector specific programmes integrate disability targets;
       Account to Cabinet on sector specific disability programmes;
       Facilitate the development of an administrative system regarding disability;
       Provide the Ministry for Women, Children and Persons with Disabilities with reports; and
       Ensure the provision of financial, human and material resources for the implementation
        of disability-related programmes.

3.1.3 Location and Functions of the Programme for Persons with Disabilities and
       Provincial Structures

They are the coordinating units whose core functions are to develop disability policy,
mainstreaming, advocacy and monitor the implementation thereof. They are responsible for:

       Reporting to the Minister and the Director-General in the Ministry for Women, Children
        and Persons with Disabilities;
       Leading in the co-ordination of disability initiatives;
       Converting targets and goals into programmes;
       Leading strategy development;
       Leading the process of developing National or Provincial disability action plans;


                                                                                             22
      Ensure compliance with international, national, regional and sub-regional instruments;
      Reporting to relevant principals, Cabinet, Members of the Portfolio Committee for
       Women, Youth, Children and Persons with Disabilities and relevant stakeholders;
      Administrating effective functioning and coordination of the National Disability Machinery
       (NDM).


3.1.4 Location and Functions of Disability Focal Persons

Disability Focal Persons at national and provincial levels are represented on the relevant
structures.

Research reveals that disability programmes in Government Departments are often not properly
institutionalized in terms of location, level of authority, influence, accountability, integration and
perceived importance. The Disability Focal Person shall therefore serve as the interface
between the community of persons with disabilities and the formal channels through which their
concerns should be directed. Consequently, all Government Departments should make
provision for a disability Focal Person.


It is therefore recommended that the Disability Focal Person should hold a position of authority
in order to ensure internal and external influence and integration towards an effective influence
at National, Provincial and Local Government level.

The disability Focal Persons are responsible for:

      Mainstreaming disability issues into all departmental planning and implementation
       towards full inclusion of persons with disabilities as recipients of, and / or contributors to
       its key business;
      Liaising with the National Ministry for Women, Children and Persons with Disabilities
       regarding the implementation of Programme for Persons with Disabilities
      Leading the process for developing sector specific indicators;
      Conducting sector specific analysis on disability disparities to ensure a comprehensive
       sector plan;
      Providing guidance for disability analysis;
      Developing disability action plans;
      Implementing and evaluating cross-cutting programmes such as poverty alleviation, job
       creation, HIV and AIDS and rural upliftment initiatives in conjunction with Ministers and
       Directors-General;
      Designing Monitoring and Evaluation frameworks;
      Assessing barriers in the department and introducing measures to monitor and
       improve the status of employees with disabilities;
      Networking with civil society and other stakeholders;
      Ensuring implementation of the National Disability Policy ;
      Eliciting and receiving feedback on matters and concerns from persons with disabilities
       in the locality that the disability focal point serves;
      Providing strategic advice to divisional heads and senior managers on the
       implementation of the employment equity policy, including the disability policy;




                                                                                                   23
       Working towards securing commitment from divisional heads with regard to reaching
        employment targets for persons with disabilities.


All meetings of national and provincial structures are chaired by the branch for Rights of
Persons with Disabilities at National level.



3.1.5 Roles and Functions of Municipalities

Municipalities should have a disability unit that is responsible for mainstreaming disability issues
in policies, programmes, initiatives and services for inclusion of persons with disabilities as
recipients of and / or contributors to its core business.

Research reveals that disability programmes at municipal level either do not exist or are highly
limited. When they do exist they are ineffectively situated in terms of location, level of authority,
influence, accountability, integration and perceived importance.

The disability unit is the advisory unit in the municipal district responsible for facilitating disability
programmes. It is, however, vital that the disability unit liaises with its provincial counterpart and
with the disability Focal Persons in other departments to ensure effective integration and
alignment of programmes.


3.1.6 Roles and Functions of the National Disability Machinery (NDM)

The National Disability Machinery (NDM) shall serve in a coordinating and advisory capacity as
a tool for:

   Ensuring interactive and mutually supportive management functions between Government
    and civil society according to sound principles of international and national treaties on
    disability;
   Providing guidance to Government and civil society on the development of future
    interventions and complaints procedures;
   Promoting good governance measures and structures within the disability sector;
   Collaborating and supporting Government on all agreed matters as stipulated in the Terms
    of Reference and Memorandum of Understanding as signed between the NDM and
    Government;
   Monitoring and coordination of the implementation of the National Disability Policy and the
    United Nations Convention.




3.1.7 Function of the Ministry for Women, Children and Persons with Disabilities and
Treasury



                                                                                                       24
The mandate of the Ministry for Women, Children and Persons with Disabilities shall be carried
out and managed according to sound financial management procedures and relevant funding
norms and principles as directed by Treasury.


Table 8: Legislative Framework for Persons with Disabilities

Legislation                  Relevance to Disability
The Constitution of the      Guarantees the fundamental human rights and equality of
Republic of South Africa     persons with disabilities.
Act, 108 of 1996
Health
The Mental Health Care       Provides for the care, treatment habilitation and rehabilitation
Act, 17 of 2002              of persons with mental disabilities.



National Health Act, 61 of   The National Health Act provides a framework for a structured
2003                         uniform health system in order to unite the various elements of
                             the National health system to improve universal access to
                             quality health services under constitutional obligations such as
                             section 27(2), which obligates the state to take reasonable
                             legislative and other measures to progressively achieve the
                             right of access to health care services, and reproductive health
                             care, within its available resources. This applies to persons
                             with and those without disabilities.


Transport
National Land Transport      Gives guidance on transport planning and delivery by all tiers
Transition Act, 22 of 2000   of Government.

National Road Traffic Act,   Regulates National road traffic matters.
93 of 1996

Road Accident Fund Act,      Provides for the establishment and management of a road
56 of 1996                   accident fund and matters connected therewith.



Housing
Housing Act, 107 of 1997     In terms of section 26 of the Constitution everyone, including
                             persons with disabilities, has the right to have access to
                             adequate housing (Section 26 - 1). The state must take
                             reasonable legislative and other measures, within its available
                             resources, to achieve the progressive realisation of this right
                             (Section 26 - 2).

                             Section 2 of the Housing Act, (No. 107 of 1997) specifically
                             compels all three spheres of Government to give priority to the


                                                                                                25
Legislation                  Relevance to Disability
                             needs of the poor in respect of housing development: Section
                             2, subsection 1 item (a). In addition all three spheres of
                             Government must ensure that housing development provides
                             as wide a choice of housing and tenure options as is
                             reasonably possible.




Housing Code, March 2000     The National Housing Code is a clear and comprehensive
                             document that sets out the National Housing Policy of South
                             Africa.

                             The requirement to develop the National Housing Code is set
                             out in Section 4 of the Housing Act, (No. 107 of 1997), and the
                             Code contains National housing policy and administrative
                             guidelines in order to facilitate the effective implementation of
                             the National Housing Policy.

                             The Minister is required to publish a revised Code containing
                             all of the amendments made to National Housing Policy during
                             the previous year.

                             The Code does not replace the key legislation and laws
                             relating to National Housing Policy. Rather, it is a statement of
                             present policy providing an overview and confirmation of the
                             existing policy that is in place. The Code will continue to
                             change and evolve in line with the changes in the National
                             Housing Policy.

Education
South African Schools Act,   Provides for a uniform system for the organization,
84 of 1996.                  governance and funding of schools to amend and repeal
                             certain laws relating to schools and to provide for matters
                             connected therewith.

Higher Education Act,        Regulates Higher Education in South Africa.
101of 1997,

Further Education and
Training Act, 98 of 1998,
                             Regulates Further Education and Training in South Africa.
Adult Basic Education and
Training Act, 52 of 2000
and the accompanying         Provides the basis for the establishment of an inclusive
White Papers (especially     education and training system.
White Paper 6 of 2001 on
Special Needs Education)




                                                                                                 26
Legislation                   Relevance to Disability

Skills Development Act, 97
of 1998 and Skills
Development Levy Act, 9 of    Provides learnership courses to develop the skills of the South
1999                          African workforce. The act is intended to increase the levels of
                              investment in education and training and to improve
                              employment prospects for persons who have been previously
                              disadvantaged.


Occupational Health and
Safety
Occupational Health and       Provides for the health and safety of persons at work and in
Safety Act, 85 of 1993.       relation to hazards arising in connection with activities of
                              persons at work.


Unemployment Insurance        Provides for the establishment of the Unemployment Fund and
Act, 63 of 2001.              unemployment benefits.

Compensation for              Provides for compensation for disablement or death caused by
Occupational Injuries and     occupational injuries or diseases sustained or contracted by
Diseases Act, 130 of 1993.    employees in the course of their employment.


Mines Health and Safety       Provides for the management of health, safety and diseases in
Act, 29 of 1996 and           mines.
Occupational Diseases in
Mines and Works Act, 60 of
2002.




Labour
Labour Relations Act 66, of   Provides guidance on labour relations practices and protects
1995.                         both the employee and employer.


Employment Equity Act, 55     Determines employment equity quotas as they apply to the
of 1998.                      employment of persons with disabilities in the private and
                              public sector.

The Preferential              Mentions Disability as a category of persons historically
Procurement Policy            disadvantaged by unfair discrimination.


                                                                                                 27
Legislation                   Relevance to Disability
Framework Act, 5 of 2000,
Social Assistance
Social Assistance Act, 13     Provides for Assistance in terms of, amongst others, grants by
of 2004                       the Department of Social Development.


National Building             Presents the specifications of accessible buildings but makes
Regulations and Building      no reference to the constitutional rights of persons with
Standards, 103 of 1977        disability to equal access. The regulations do not include
                              sufficient specific definition to ensure the right of persons with
                              different kinds of disabilities to equal access.
Human Rights Acts

Promotion of Access to        Gives effect to the constitutional right of access to any
Information Act, 2 of 2000    information held by the State, any information that is held by
                              another person and that is required for the exercise or
                              protection of any rights and to provide for matters connected
                              therewith.

                              Gives effect to the right to administrative action that is lawful,
Promotion of Administrative   reasonable and procedurally fair and to the right to written
Justice Act, 3 of 2000.       reasons for administrative action as contemplated in Section,
                              33 of the Constitution of the Republic of South Africa Act, (No.
                              108 of 1996) and to provide for matters incidental thereto.

The Promotion of Equality     Gives effect to Section 9 read with Item 23(1) of Schedule 6 to
and Prevention of Unfair      the Constitution of the Republic of South Africa Act, (No. 108
Discrimination Act, 4 of      of 1996) so as to prevent and prohibit unfair discrimination and
2000.                         harassment; to promote equality and eliminate unfair
                              discrimination; to prevent and prohibit hate speech and to
                              provide for matters connected therewith.

                              Chapter 2 prohibits contravention of codes of practice or
                              regulations of the South African Bureau of Standards that
                              govern environmental accessibility.

Inter-Governmental            Establishes a framework for the National Government,
Relations Framework Act,      provincial Governments and Local Governments to promote
13 of 2005                    and facilitate Inter-Governmental relations and to provide for
                              matters connected therewith.

                              Provides within the principle of cooperative Government to
                              facilitate coordination in the implementation of policy and
                              legislation between all spheres of Government and all organs
                              of the state.




                                                                                                   28
The abovementioned national institutional and legal framework should at all times, work towards
creating an equal society for persons with disabilities in line with constitutional requirements.
The existing institutional and legal framework should be continually capacitated and improved to
address pertinent inequalities with a specific emphasis on responsibility and accountability of all
stakeholders. Further, the current institutional and legal framework should be effectively utilized
within its present limitations to improve the lives of persons with disabilities.




                                                                                                29
CHAPTER 4: POLICY GUIDELINES

4.1 Cross-cutting Policy Guidelines

Cross-cutting issues which all stakeholders are equally accountable for and how they should be
monitored are as follows:

    Access to Communication and Information
    Prevention
    Public Education and Awareness
    Reasonable Accommodation
    Universal Access
    Monitoring and Evaluation
    Budgeting
    HIV and AIDS
    Mainstreaming
    Safety and Security
    Human Resource Development

4.1.1 Access to Communication and Information

Introduction

Access to communication and information is vital to ensure access to public services,
mainstreaming and equalization of opportunities especially for persons who are either blind or
visually impaired and hearing impaired or deaf.

Sign language is the first and natural language of deaf persons, whatever the spoken language
of their hearing parents may be and is a language in its own right, with its own grammar and
syntax, using the modality of space rather than sound. Deaf persons should therefore be able to
communicate in their natural language equitably with all other language users. Although there
are various different sign languages and their dialects, there should be a move in South Africa
towards improving access to standardized South Africa Sign Language (SASL) which will
equalize opportunities for all deaf persons.

In addition, there are Special Language Systems or Augmentative and Alternative
Communication systems. These refer to any mode of communication used by persons who
cannot use a spoken or signed languages. Such modes should be available to enable
individuals to gain equitable access to communication and information.

Sign language interpreter services are linked closely to the communication needs of deaf
persons and persons with limited or no speech. These services enable them to communicate
freely within the society and are an essential element in the achievement of equal opportunities
for persons with communication disabilities. They include sign language interpreters, lip readers,
note takers, other forms of communication facilitation and technology that may be utilized to
ensure inclusive use of public amenities by all consumers for equal access to communication
and information.




                                                                                               30
Policy Objectives

      Develop and implement policy that will provide persons with disabilities equal access to
       information in an appropriate mode and format with specific cognizance of previously
       neglected alternative communication systems.
      Promote access for persons with disabilities to new information and communications
       technologies and systems, including Internet Based Services.
      Promote the local design, development, production and distribution of affordable and
       accessible information and communications technologies and systems.

4.1.2 Prevention

Introduction

All spheres of Government have a role to play in the prevention of disability. The primordial,
primary, secondary and tertiary prevention of disability involves aspects as diverse as health
care, poverty alleviation and adequate standards of living, habilitation, rehabilitation, training
and education, safety at the workplace, on the road and at home. Departments must contribute
to the prevention of disability through avenues relevant to their area of responsibility and
expertise and to this end, a strategy for disability prevention should be in place. Such a strategy
should include appropriate reference to:

      A coordinated referral system and network, including the development of screening
       procedures and record keeping;
      The reporting of disability resulting from injuries or accidents and the development of a
       data base of such information;
      Training programmes;
      Key performance indicators towards measuring the effectiveness of disability prevention
       programmes;
      Research on disability prevention.

Policy Objectives

      Promote healthy lifestyles to reduce the risk of impairment.
      Promote safety at home, workplace and the road and avoid injuries which result in
       impairment and subsequent disability.
      Ensure early identification and intervention in order to prevent or limit the extent of
       disability experienced.


4.1.3 Public Education and Awareness

Introduction

Positive public education and awareness is vital to shaping constructive social attitudes about
persons with disabilities. Negative public communication portraying persons with disabilities as
helpless and pitiful contribute to negative social stereotypes. This can lead to cultural and social
barriers preventing the equal realization of the rights and responsibilities of persons with



                                                                                                 31
disabilities. A lack of public communication about disability, on the other hand, contributes to
social exclusion, as persons with disabilities are perceived as silent, sidelined and segregated.

When persons with disabilities and the issues affecting them are visible and positively portrayed
through public communication, negative social stereotypes and segregation make way for
positive perceptions and the breakdown of barriers. Hidden or invisible disabilities, such as
mental or intellectual disabilities are often misunderstood. Care should be taken to include
people with hidden disabilities in awareness campaigns so that public fears and misconceptions
are dispelled.

All tiers of Government, statutory bodies, public and private media and parastatals have a role
to play in public education and awareness. This should include awareness of the following:

      Disability sensitive terminology;
      Disability as a human rights and developmental issue; and
      Disability prevention.

Awareness and education on disability should be offered not only to the wider public, but also to
employees of the abovementioned institutions, learners and students and especially those
individuals interfacing with clients and/or employees.



Policy Objectives

      Promote public education and awareness of disability as a human rights and
       developmental issue.
      Promote public education and awareness on the prevention of injury, impairment and
       subsequent disability.
      Promote positive visibility of persons with disabilities by ensuring appropriate
       representation on public media issues.
      Ensure public awareness of disability sensitive terminology.



4.1.4 Reasonable Accommodation

Introduction

Persons with disabilities have an equal right to inclusion in all aspects of mainstream life.
Consequently, they are constitutionally entitled to any necessary and appropriate modification,
not imposing a disproportionate or undue burden, of tangible and intangible aspects of the
political, economic and societal spheres of life towards enabling such full inclusion. Such
modification should take place in line with relevant policy and legislation, including the Code of
Good Practice on Disability in the Workplace and the Technical Assistance Guidelines (TAG)
developed by the Department of Labour.




                                                                                               32
All spheres of Government should practise mainstreamed disability, sensitive planning and
budgeting towards equitable inclusion of persons with disabilities in all departmental
employment, procurement, programmes, projects and initiatives.


Policy Objective

      Ensure that persons with disabilities receive the reasonable accommodation required to
       partake fully in social, economic and cultural activities.

4.1.5 Universal Access

Introduction

Persons with disabilities have a right to access the built environment. Accessibility is vital as it
allows persons with disabilities to live independently and participate fully in mainstream life.
Government Departments at National, Provincial and Local level should ensure that all facilities,
including buildings, roads, indoor and outdoor facilities, schools, housing, medical facilities and
places of work, are safe and accessible for persons with a variety of disabilities in line with
relevant legislation and policy. Further, signage and other information should be made available
in communication modes and formats accessible to people with various disabilities. Safety and
security systems and emergency plans shall be appropriate and ensure the equal safety of
persons with disabilities including making accessible modes and formats of safety messages
and emergency signals available.

Policy Objectives

      Ensure that persons with disabilities have equal access to the physical built environment
       and to other facilities and services provided for or open to the general public in rural and
       urban areas.
      Ensure the development and implementation of local minimum norms and standards of
       accessibility in alignment with international best practice.

4.1.6 Monitoring and Evaluation

Introduction

Stakeholders, in accordance with their system of organization, shall ensure effective and
appropriate monitoring and evaluation of the implementation of the National Disability Policy in
line with the guidance set out in this document. Civil society, in particular persons with
disabilities and their representative organizations, as well as other independent role-players,
shall be involved and participate fully in the monitoring process through the platform of the
National Disability Machinery.

Policy Objective

      Develop and use mechanisms for monitoring and evaluation of the implementation of the
       National Disability Policy in consultation with civil society.




                                                                                                 33
4.1.7 Budgeting

Introduction

In order to ensure adequate resources for reasonable accommodation disability should be
mainstreamed into all budgeting processes. This should include budgeting for the provision of
assistive devices. Existing disability-related needs should guide budgeting to ensure that
resources are allocated and programmes are implemented.

Policy Objectives

      Provide adequate resources to be used for reasonable accommodation and other
       disability initiatives in line with relevant financial policies and legislation.
      Develop incentives to encourage the public and private sector to release the appropriate
       funding to take the reasonable accommodation measures that are assessed as being
       required.

4.1.8 HIV and AIDS

Introduction

HIV and AIDS have a huge impact on all spheres of Government. It needs to be noted that
being HIV positive does not imply a disability and one can live a full and productive life. Due to
the progression of the virus, however, a person with AIDS may eventually develop an acquired
disability, the management of which should be included in all disability management strategies
of departments.

It is vital that persons with disabilities are equitably included in all HIV and AIDS related
initiatives and programmes which include research, programmes for the promotion of
reproductive health as well as all initiatives aimed at managing the pandemic. All information
about HIV and AIDS and reproductive health available to the public should be offered to
persons with disabilities in accessible modes and formats and persons with disabilities should
be appropriately represented on all HIV and AIDS management boards and bodies. Persons
who have acquired a disability through the progression of AIDS should also benefit equally from
disability related benefits and insurances.

Policy Objectives

      Ensure the appropriate representation of persons with disabilities on all HIV and AIDS
       related boards and bodies.
      Ensure the inclusion of people who become disabled through the progression of AIDS in
       all Departmental disability management strategies.
      Ensure equal access of persons with disabilities to information in accessible modes and
       formats about HIV and AIDS and reproductive health.
      Ensure that persons with disabilities benefit equally from opportunities resulting from HIV
       and AIDS related initiatives.
      Ensure that persons who have acquired a disability through HIV and AIDS benefit
       equally from disability related benefits and insurance.




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4.1.9 Mainstreaming

Introduction

Persons with disabilities have the constitutional right to equal citizenship. As such, the concerns
and experiences of persons with disabilities are as important and valuable as those of their
peers without disabilities and should be integrally included in all departmental plans,
programmes and services. Disability-related issues should therefore not be viewed or managed
as separate from or additional to the department‟s key responsibilities.

Disability-related issues should, instead, be included from the outset in all planning, budgeting,
implementation and monitoring of initiatives, programmes and services in all spheres of
Government in such a way that the full and equal citizenship of persons with disabilities is
practically acknowledged.

Policy Objective

    Ensure that disability forms an integral part of all policies, programmes and
     strategies.


4.1.10 Safety and Security

Introduction

Persons with disabilities have an equal right to safety and security and should be included in all
preparations for emergency, disaster relief and homeland security. This includes a solid and
resilient infrastructure prepared for the diverse needs of different persons with disabilities which
incorporates the correct safe and efficient evacuation of persons with disabilities, access to
sanitation, hygiene, food, nutrition, shelter and health services.


Subsequently, they should be included in all contingency plans, programmes and activities
based on situations pertaining to emergencies, conflict and disasters.


Further, persons with disabilities are often the victims of crime therefore, secondary victimization
should be prevented by ensuring crime victims with disabilities encounter an accessible and
unbiased justice system.

Occasionally people with severe mental disabilities or profound intellectual disabilities require
the services of the South African Police Service to ensure that they are taken to hospital in a
safe and decent manner. This should be executed in accordance with the Mental Health Act, 17
of 2002, and according to the guidelines issued by the South African Federation of Mental
Health.




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Policy Objectives

    Ensure the inclusion of persons with disabilities in all emergency, disaster relief and
     homeland security contingency plans.
    Ensure the inclusion of strategies to protect persons with disabilities in safety plans and
     operations.
    Include persons with disabilities in the collection of statistics of victims of crime.
    Foster an open relationship with South African Police Service (SAPS).


4.1.11 Human Resource Development

Introduction

Human resource development and management is a critical cross-cutting issue, which can
contribute in enhancing the quality of life through development of persons with disabilities to
become professionals and practitioners in the field of disability across all sectors. There is
currently a lack of sensitization and training regarding the role of disability in different sectors
and individuals who are experts in this field are not often retained within the job market. Current
human resource development and management strategies are often unclear on disability related
issues.

All National, Provincial and Local Government and private industry human resource
development and management strategies should provide clear guidelines on the continuous
development of persons with disabilities as well as training and retention of professionals and
practitioners in the disability field.


Policy Objectives

    Ensure recruitment, retention and training of professionals and practitioners in the field of
     disability appropriate to the needs of various contexts.
    Enable persons with disabilities to have effective access to general technical and
     vocational guidance programmes, placement services as well as professional, vocational
     and continuous training.
    Promote employment opportunities and career advancement for persons with disabilities
     in the labour market, as well as assist them in finding, obtaining, maintaining and returning
     to employment.
    Promote vocational and professional habilitation and rehabilitation, job retention and
     return-to-work programmes for persons with disabilities.
    Ensure that reasonable accommodation is provided for persons with disabilities in the
     workplace.
    Ensure proper diversity management within the workplace.




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4.2 General Policy Guidelines

4.2.1 Health Care

Introduction

Appropriate, accessible and affordable health care at primary, secondary and tertiary levels is
integral to the equalisation of opportunities for persons with disabilities. Health care includes
medical, nursing, rehabilitation, psychiatric and other specialist services which are available on
an in-patient, out-patient, as well as community and home care basis.

Health care is a key component in all preventative programmes including the promotion of
healthy lifestyles through health education, early identification and intervention initiatives. It is
therefore imperative that the specific needs of persons with disabilities are accommodated for
when planning and implementing preventative programmes.

The delivery of health care services should be offered from within a model which recognises
disability as a human right and development issue, rather than a medical problem. Persons with
disabilities and their families or caregivers should therefore be central in the process of disability
management.

Persons with disabilities and their families or caregivers have traditionally experienced barriers
in accessing affordable health care. The Health Act, (No. 61 of 2003) and related policies and
strategic objectives ensure free health care to persons with disabilities, enhanced accessibility
to all health related facilities and services and the adoption of a rights based approach in the
management of disability.

Policy Objectives

      Provide persons with disabilities with the same range, quality and standard of free or
       affordable health services as provided to other persons, including sexual and
       reproductive health services and population-based public health programmes.
      Provide disability-related health services including early identification and intervention,
       as well as services designed to minimize and prevent further disabilities among children
       and the elderly.
      Provide these health services as close as possible to person‟s own communities
       including rural areas.
      Require health professionals to provide care of the same quality to persons with
       disabilities as to others on the basis of free and informed consent by, inter alia, raising
       awareness of the human rights, dignity, autonomy and needs of persons with disabilities
       through training and the promulgation of ethical standards for public and private health
       care.
      Prohibit discrimination against persons with disabilities in the provision of health
       insurance and life insurance.
      Facilitate the capacity development of all health care practitioners and professionals
       regarding health care, habilitation and rehabilitation based on the needs of persons with
       disabilities.
      Ensure provision of primary health promotion and education programmes to all persons
       with disabilities in an accessible communicative mode and format.



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4.2.2 Habilitation and Rehabilitation

Introduction

Habilitation and rehabilitation services in South Africa have been neglected, fragmentary and
uncoordinated due to the low perceived priority of such services and a lack of effective systems
to coordinate medical, vocational, psychosocial and educational components.

Habilitation and rehabilitation enable persons with disabilities to overcome isolation, segregation
and exclusion from the benefits, opportunities and responsibilities of mainstream society.
Effective habilitation and rehabilitation promotes independence and participation and are
informed by the principles of development, empowerment and the social integration of persons
with disabilities.

Persons with disabilities and their families and/or caregivers shall enjoy autonomy in making
decisions regarding their own habilitation and rehabilitation. These decisions shall be made in
consultation with health care practitioners and professionals as well as other experts in the field
and should be in line with rights-based approaches to disability.

It is within a human rights framework that Community Based Rehabilitation is proposed as the
philosophy underlying community development for the social integration of persons with
disabilities.

To achieve its aims, habilitation and rehabilitation require that persons with disabilities have
equal access to benefits and support services. These include early childhood development,
early identification education at all levels, training, career opportunities and community
development programmes.

Policies relating to the lead departments, namely: Health, Social Development, Education and
Labour should therefore organize, strengthen and extend comprehensive habilitation and
rehabilitation services. These services should:

    Begin at the earliest possible stage;
    Be based on multi-disciplinary assessment of individual needs and strengths;
    Support full participation and inclusion in all aspects of society;
    Be voluntary;
    Be available to persons with disabilities as close as possible to their own communities
     including those in remote and rural areas.

Assistive devices and technologies enable persons with disabilities to participate on equal terms
within mainstream society. When persons with disabilities are unable to access affordable and
effective devices and technologies, they remain dependent, may endure prolonged periods of
hospitalisation and are often segregated to special institutions in which they are cared for.

Assistive devices and technologies are currently often imported and prohibitively expensive and
consumables and maintenance services are not readily available and affordable. Local
development and production of such technologies, in line with Government fiscal policy, shall
therefore be encouraged and incentivized in partnership with the disability sector.


                                                                                                38
The needs of persons with different disabilities shall be catered for while devices and
technologies are quality controlled according to predetermined technical standards and
specifications.

Policy Objectives

      Establish an integrated Strategy for Community-based habilitation and rehabilitation.
      Promote the development of initial and continuing training for professionals and staff
       working in habilitation and rehabilitation services as applicable to all sectors.
      Promote availability, affordability, knowledge and use of assistive devices and
       technologies designed for persons with disabilities as they relate to habilitation and
       rehabilitation.

4.2.3 Transport

Introduction

Transport services for persons with disabilities are currently largely restricted to transport
associated with a social service agency (i.e. predominantly in the metropolitan areas), or with
private modified vehicles or chauffeur services and are therefore available to only a selected
group of persons with disabilities. Without accessible and affordable transport, persons with
disabilities will not be able to contribute to or benefit from the services and commercial activities
available to all.

There is a need for rapid progress in integrating persons with disabilities into all modes of
current and future transport systems, initiatives and infrastructure, including pick up and drop off
points and travel related information within the long and short haul system. It is vital that a safe,
flexible, integrated, affordable public and private transport system that will enable persons with
disabilities to travel equitably should be made available. Accessible and affordable transport
should therefore be available to all persons with disabilities including those persons living in
rural and remote areas, in line with the National transport policies and the Rural Transport Plan.

Policy objective

      Ensure persons with disabilities access an integrated, flexible, accessible, affordable
       and multi-modal public transport system. This includes accessible and appropriate
       transport facilities, infrastructure and transport-related information in an accessible mode
       and format: in line with Public Transport Strategy and Action Plan and the Rural
       Transport Plan.

4.2.4 Research, Dissemination of data and Research information

Introduction

Research in the field of disability creates evidence that is essential to inform the implementation
of policies. It is important that all data gathering, research and information dissemination reflect
the fact that evidence on disability, the manner in which it is classified, defined and measured
encompasses biomedical, socio-economic, developmental and human rights paradigms.




                                                                                                  39
   Research

Research on disability should be integrated into mainstream research and should not take place
in isolation. Any research undertaken should therefore be integrated, relevant and inclusive of
persons with disabilities. The disability sector should be integrally involved in informing
research agendas and in conducting research on disability.

Disability-related research should be conducted within a human rights and developmental
framework and should be approached from within the social model of disability. Definitions
used to determine disability classification should be in line with ethical standards.

General research processes shall be inclusive and ensure full participation of persons with
disabilities. To this effect, research instruments should be non-discriminatory and appropriate
and they should be implemented in line with nationally accepted research ethics.

   Data Collection

Different line functions require diverse types of information on disability to enable them to
appropriately assign resources and develop programmes. Data collection should therefore
inform policy development and planning. The process of collecting and maintaining this
information shall:

           o   Comply with legally established safeguards, including legislation on data
               protection, to ensure confidentiality and respect for the privacy of persons with
               disabilities;
           o   Comply with internationally accepted norms to protect human rights and
               fundamental freedoms and ethical principles in the collection and use of
               statistics;
           o   Be disaggregated, as appropriate, and used to help assess the implementation of
               the policy;
           o   Give stakeholders responsibility to assume dissemination of these statistics and
               ensure their accessibility to persons with disabilities and others.

Tools and methodologies for data collection shall be compliant with internationally accepted
protocols, including the International Classification of Functioning (World Health Organization).

   Research information dissemination, intervention and feedback

In accordance with protocol on research ethics, information collected during research shall be
disseminated in ethical and appropriate ways and in accessible modes and formats.

Policy Objective

       Undertake to collect appropriate information, statistical and research data, for effective
        formulation and implementation of policies.




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4.2.5 Education

Introduction

Persons with disabilities should have equal access to education opportunities irrespective of the
severity of their disabilities. Learning happens along a continuum of Early Childhood
Development (ECD), General Education and Training (GET), Further Education and Training
(FET), Higher Education (HE) and Adult Basic Education and Training (ABET). For this reason
the Education White Paper 6 of 2001 on Building an Inclusive Education System makes
provision for the review of all existing policies and legislation for general, further and higher
education and training towards an inclusive education system.

Equity for learners experiencing barriers to learning and participation necessitates the
availability of reasonable accommodation and support mechanisms within an inclusive learning
environment. Reasonable accommodation may include life skills and independence training,
assistive devices and technologies and specialised equipment to ensure access to the
curriculum.

Children with disabilities and their parents often have few practical options when choosing
whether to send their child to a mainstream or special school. This is problematic, especially in
rural areas. The limited capacity of special schools intersects with barriers in regular schools,
resulting in the majority of learners with disabilities being excluded from education opportunities
altogether. This naturally results in illiteracy and low skills amongst adults with disabilities.

Links with the world of work and training have traditionally been weak. An accredited school
curriculum for learners experiencing barriers should allow for equal access to career paths and
education and training institutes. Tertiary education and training institutions, furthermore, shall
be held accountable for the provision of reasonable accommodation and support for successful
completion of training by students with disabilities.

Learners with disabilities at all levels of education and training shall benefit from educators and
trainers who are experts in the area of disability. Towards this end, and in recognition of their
existing skills, educators with disabilities shall be employed. Professionals and staff who work
at all levels of education must also receive continuous training towards meeting the needs of
learners experiencing barriers. The National Policy Framework for Teacher Education and
Development in South Africa (26 April 2007) makes provision for such training for educators.

Policy Objectives

    Facilitate equal access to education, including alternative modes of schooling and equity in
     education provision at all levels.
    Ensure that the specific needs of all learners experiencing barriers to learning and
     participation are met within a single educational system, with appropriate assessment,
     placement and learning programme planning.
    Facilitate the development of minimum norms and standards for education of learners
     experiencing barriers to learning and participation.
    Facilitate capacity building for all stakeholders (parents and care-givers, educators,
     learners and education planners) towards meeting the needs of learners experiencing
     barriers to learning through promotion of informed choices, quality education and
     empowerment.


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        Ensure early identification, intervention and development of all children with disabilities
         within an integrated Early Childhood Development (ECD) and other related policy
         frameworks.


4.2.6 Early Childhood Development (ECD)

Introduction

Early Childhood Development (ECD) and stimulation within an inclusive environment is the
cornerstone for the development of an integrated and equitable society. ECD learning can
provide children with disabilities with access to early intervention and early opportunities for
optimum social, physical, intellectual and emotional development. Success in effective
functioning of ECD learning programmes is dependent on the commitment and participation by
the lead departments, namely: Department of Education, Social Development and Health.

4.2.6.1 Early Identification and Intervention

Currently, the lack of an integrated early childhood development and learning system is a
serious barrier to the overall development of children with disabilities. Where early childhood
intervention does occur, it often happens within an informal community-based setting. Although
this is preferred as compared to a total lack of early childhood development it is imperative that
children with disabilities be accommodated in mainstream Early Childhood Development
Centres. This should include individualised stimulation. Effective individualised stimulation can
promote independence and inclusion in the mainstream society.

Effective early childhood development depends on the effective participation and collaboration
of important stakeholders. This includes the participation of family, guardians and caregivers of
children with disabilities who should be intimately involved, supported and empowered within
this collaboration process.

All early childhood development provisioning should be multi-sectoral and community-based
and should be integrated to enable all young children to benefit from learning in an environment
that acknowledges and appreciates diversity. When Early Childhood Development Centres are
inclusive, all children learn to embrace diversity from an early age.

Very often parents or caregivers of children with disabilities do not participate in economic
activities as they are compelled to stay at home to care for their children. They should be
supported and encouraged to participate in ECD economic activities so that they benefit from
the economic empowerment opportunities inherent in this sector such as participation in the
management of Early Childhood Development Centres.

Early Childhood Development Centres should be developed and supported to function as
resource centres within their communities.

Policy Objectives

         Develop integrated policy on ECD by the lead departments namely: Departments of
          Education, Social Development and Health.



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      Promote the design and implementation of early identification, assessment and
       intervention programmes for learners with disabilities in the age group 0-9 years.
      Promote opportunities for children with disabilities to be enrolled and participate in early
       childhood development programmes in Full Service Schools to ensure that children
       remain with their families or care-giver units within their local community.
      Promote direct representation and participation of caregivers, guardians and parents of
       children with disabilities in all existing and emerging ECD policy-making structures at all
       levels.
      Promote and support the training, capacity development and retention of ECD
       practitioners and professionals.
      Ensure equal benefits to all ECD centres, including incorporation of community based
       and informal community based ECD centres into the formal ECD sector.
      Ensure that parents of children with disabilities benefit from the economic empowerment
       opportunities inherent to the ECD sector.
      Ensure the development of ECD centres as community resource centres.


4.2.7 Social Development and Social Security

Introduction

As part of Government‟s transformation and development programme, the Department of Social
Development adopted the White Paper on Social Welfare in 1997. This entailed commitment to
viewing disability from a social development rather than a welfare perspective. Within the social
point of view on disability, the focus is on the involvement of persons with disabilities in the
development of their potential, and the improvement of the material, cultural, political and social
aspect of their lives. Individuals with disabilities are therefore, not viewed as helpless recipients
of support but as vital participants in the process of changing the fabric of society.

Further, within the social view of disabilities social welfare services, programmes and
community development are directed at enhancing capacities of persons to address the causes
and consequences of poverty and vulnerability and promote social change. The aim and focus
is therefore on enhancing independence, protecting the rights of and empowering persons with
disabilities. The capacity of communities to respond to their own needs is enhanced through
community mobilization, strength-based approaches, empowerment programmes and a
fostering of human solidarity, social equity, self respect, respect for diversity and continuing
activism. This is in line with the following policy guidelines:

      The Department of Social Development‟s Overarching Policy on Disability;
      Minimum Standards on Residential Facilities;
      Policy guidelines of the Management of Protective Workshops;
      Policy on Residential Facilities and Respite Care; and
      Policy on Financial Awards, Service delivery model etc.

Policy Objectives

      Ensure adequate standards of living for persons with disabilities and their families, and
       continuously improve such living conditions.




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         Ensure equal access for persons with disabilities, in particular women, girls and older
          persons with disabilities, to social protection programmes and poverty reduction
          programmes.
         Ensure provision of adequate social development programmes that address the poverty
          gap between persons with disabilities and the mainstream and ensure that persons with
          disabilities benefit equitably from such programmes.
         Ensure access for persons with disabilities and their families living in situations of
          poverty to assistance with regard to disability-related expenses, independence training,
          counselling, financial assistance and respite care from the State.
         Ensure equal access for persons with disabilities to retirement benefits and
          programmes.
         Ensure the provision of social security programmes, including grants to beneficiaries,
          equitably without any form of discrimination.
         Ensure the participation of Non-Governmental Organizations in the development of this
          sector.


4.2.8 Employment and Economic Empowerment

Introduction

Poverty and unemployment remains a fundamental problem affecting the majority of persons
with disabilities and their families. To address this complex problem and taking cognizance of
the wide variety of persons with disabilities, employment and economic empowerment
opportunities for persons with disabilities should be offered along a continuum. Alternatives of
this continuum should range from protective, sheltered employment, general employment, self-
employment, business development and investment opportunities to involvement of all persons
with disabilities to be in meaningful work appropriate to their unique needs, skills and desires.

4.2.8.1      Employment

The extreme levels of inequality and ongoing discrimination experienced by persons with
disabilities in the workplace suggest that present legislation and policy has not sufficiently
addressed discriminatory practices and has failed to create equal employment opportunities for
persons with disabilities. The legislative and policy environment must be strengthened in this
regard to allow persons with disabilities equal access to employment opportunities and
initiatives.

Vocational opportunities should exist along a continuum, catering for the diverse needs and
strengths of persons with disabilities. This should include protected employment for persons
who, because of their disability, are unable to obtain or keep an ordinary job whether supported
or not. Sheltered employment opportunities and vocational training centres should also exist for
those individuals likely to progress towards the open labour market and should always aim to
prepare workers, as far as possible if this is in the best interest of the worker. Special incentive
schemes and programmes must be available to persons with disabilities.

Subsidies for such protected and sheltered employment sector should be linked to mechanisms
that will ensure:

         Appropriate placement;


                                                                                                 44
      Protection of the legal rights of workers;
      Availability of medical, social and psychological assistance to workers;
      Special training; and
      Effective career pathing.

Whatever the nature of the protective and sheltered workshop, all reasonable measures must
be taken to ensure that:

      Workers are involved in the management and administration and, where possible,
       ownership and control of the workshop;
      Working conditions are fair and equitable in line with the Labour Relations Act, (No. 6 of
       1995) and the Basic Conditions of Employment Act, (No. 75 of 1997);
      Workers with disabilities receive satisfactory remuneration in relation to the type of work
       performed and that this remuneration compares well with wages in open industry;
      Workers have adequate contractual status which takes into account the need for
       personal assistance and facilitates a normal employer/employee relationship as far as
       possible.
      That workshops are linked as far as possible to mainstream workplaces and are
       designed in such a way as to facilitate the passage from supported to ordinary work.

Mainstream vocational training centres should be made accessible to accommodate the specific
and diverse needs of persons with disabilities. Support (both financial and training) should be
given to existing self-help groups which presently provide such vocational training services, with
specific cognizance of the needs of persons living in rural areas.

Taking cognizance of disability-specific costs, financial assistance, including disability grants,
should be seen as a disability allowance rather than unemployment benefit. Retention of
employment should be encouraged and such financial assistance should not serve as a
disincentive to work. The benefits of continued or partial retention of disability grants after
sustainable employment is attained should be investigated.

Persons with disabilities shall also be supported towards equitable employment in the open
labour market and public service. A number of initiatives, such as the development of
Government‟s transformational strategy have been undertaken. These aim at addressing the
high unemployment rate among persons with disabilities in compliance with the International
Labour Organization‟s (ILO) Conventions, Convention 100 Concerning Equal Remuneration and
Convention 111 Concerning Discrimination Employment and Occupation.

The Labour Relations Act, (No. 66 of 1995) has introduced important changes in the area of
employment practices. Some protection is now provided for both employees and job seekers
against unfair discrimination on the basis of their disability, particularly in the areas of hiring
practices and unfair dismissal. The Code of Good Practice provides further guidance to
employers in this regard.

When data is collected on a person with a disability for employment purposes, such
assessments must be:

      Non-discriminatory and in line with regulations as stipulated in Chapter 8 of the
       Technical Assistance Guidelines of 2002;



                                                                                                45
         Used with the intention to include rather than exclude the person from mainstream life;
          and
         Assist employers to facilitate the effective integration of the person with a disability into
          the mainstream working environment.

The extreme levels of inequality and ongoing discrimination experienced by persons with
disabilities in the workplace suggest that the desirable application and adherence to legislation
and policy is disregarded. This discriminatory practice fails to create equal employment
opportunities for persons with disabilities. The enforcement of legislation and policies shall be
strengthened to allow persons with disabilities equal access to employment opportunities and
initiatives.

4.2.8.2      Economic Empowerment

Persons with disabilities should also be supported and encouraged to create their own
employment opportunities. They should benefit equitably from opportunities, initiatives and
special projects for economic empowerment and participating in Small Medium and Micro
Enterprise (SMME) development initiatives. Equal access to finance and capital should be
made available and opportunities to access natural and necessary resources should be
promoted.

Policies and acts which support the inclusion of persons with disabilities in economic
empowerment initiatives include the Broad Based Black Economic Empowerment Act, 53 of
2003 and the Preferential Procurement Policy Framework Act 5 of 2000 as well as Growth and
Development Summit Resolutions of 2003. In line with these policies, economic empowerment
of persons with disabilities should be included in both Provincial and Local Government growth
and development strategies.

Policy Objectives

         Prohibit discrimination on the basis of disability with regard to all matters pertaining to all
          forms of employment including conditions of recruitment, hiring, continuation of
          employment, career advancement as well as safety and health.
         Protect the rights of persons with disabilities on an equal basis with others to just and
          favourable conditions of work, including exercising their labour and trade union rights,
          occupational choice, equal opportunities, equal remuneration for work of equal value and
          safe and healthy working conditions.
         Promote opportunities for self-employment, entrepreneurship, the development of
          cooperatives and starting own businesses.
         Ensure equitable employment of persons with disabilities in all sectors through the use
          of appropriate policies and procedures which may include affirmative action
          programmes, incentives, and other measures.
         Promote the acquisition of work experience in the open labour market by persons with
          disabilities.
         Promote vocational and professional habilitation and rehabilitation, job retention and
          return-to-work programmes for persons with disabilities.
         Ensure that persons with disabilities are not held in slavery or servitude and are
          protected from forced or compulsory labour on an equal basis with others.




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4.2.9 Housing

Introduction

According to Section 26 of the Constitution of the Republic of South Africa Act 108 of 1996,
everyone has the right to have access to adequate housing and the state must take reasonable
legislative and other measures within its available resources to achieve the progressive
realization of this right. Persons with disabilities should therefore enjoy the equal benefit as
consumers and service providers of appropriate and accessible housing.

A large percentage of persons with disabilities live in informal settlements far from economic
opportunities and without adequate accessible transport. Provision of accessible, affordable
and appropriate housing for persons with disabilities should take cognizance of poverty, gender
and disability intersections. To this end, it is vital to ensure the adequate provision of additions
to existing housing subsidies, and the inclusion of the needs of a wide variety of persons with
disabilities in all housing initiatives. Further, spatial planning should include accessibility and
integration as a vital component in all development plans of Municipalities.

Policy Objectives

      Prohibit discrimination against persons with disabilities in all housing schemes and
       initiatives.
      Ensure the provision of financial assistance towards acquiring housing.
      Ensure equitable access to adequate, accessible and affordable housing and related
       services with access to social amenities and economic opportunities for persons with
       disabilities.
      Encourage the design and development of universally accessible housing, such as the
       lifetime homes initiative, housing that accommodates persons with disabilities without
       minimal further modification.
      Ensure that persons with disabilities benefit equally from the economic empowerment
       opportunities inherent to the housing sector.

4.2.10 Sport, Cultural Life, Recreation and Leisure

Introduction

Persons with disabilities have equal rights to participate in sport, recreation, leisure and cultural
life.

All forms of sport, including competitive and adventures components are vital in the habilitation,
rehabilitation and integration of persons with disabilities. Opportunities for participation are
critical for the development of holistic human beings and should therefore be available from a
young age, at school level and throughout adult life.

Persons with disabilities have an equal right to access cultural materials in accessible modes
and formats, including television programmes, films and theatre. Equal access to places of
cultural performances or services, such as theatres, museums, cinemas, libraries and tourism
services, parks, monuments and sites of cultural importance should be ensured. Further, they
should be afforded equal opportunities to develop and utilize their creative, artistic and
intellectual potential for their own benefit as well as for society.


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Laws protecting intellectual property rights such as copyright legislation should not constitute an
unreasonable or discriminatory barrier for access to cultural materials by persons with
disabilities. Relevant legislation and policy should therefore be reviewed to make provision for
reproduction of books in accessible modes and formats for those persons with reading
impairments. Persons with disabilities should enjoy equal recognition and support of their
specific cultural and linguistic identity, for example, South African Sign Language (SASL) and
the Deaf Culture.

Policy Objectives

      Encourage and promote the participation of persons with disabilities in mainstream
       sporting activities at all levels to the fullest possible extent.
      Ensure that persons with disabilities have an opportunity to organize, develop and
       participate in disability-specific sporting and recreational activities and benefit equally
       from appropriate instruction, training and resources.
      Promote equal development of disability specific sporting codes and equal remuneration
       for athletes with and without disabilities.
      Ensure that persons with disabilities have access to sporting, recreational, cultural and
       tourism venues, facilities and services.
      Ensure that persons with disabilities are involved in the organization of sporting, cultural,
       recreational, tourism and leisure activities.
      Facilitate the economic empowerment of persons with disabilities through full
       participation as service providers and consumers within eco-tourism.
      Facilitate empowerment of persons with disabilities through full participation in cultural
       activities as artists and consumers.
      Ensure that children with disabilities have equal access to participation in sporting,
       recreation, leisure and play with other children.
      Sports activities and play in schools should include children with disabilities on an equal
       basis with other children.




                                                                                                 48
CHAPTER 5: GUIDELINES FOR IMPLEMENTATION OF THE NATIONAL
           DISABILITY POLICY

Cross-Cutting Policy Guidelines refer to those issues which apply equally to all stakeholders,
while general policy guidelines refer to issues which are addressed by a lead department who
work in consultation with all stakeholders.

All Government departments are expected to use the broad indicators below to develop
department specific indicators which are relevant in terms of MTEF cycle implementable and
aimed at measuring achievement of the policy objectives.

The lead department is the department with a legislative or other mandate whose responsibility
is to consult with all relevant role players at all spheres of Government, institutional bodies,
para-statals and house of traditional leaders.

The indicators are representative of all departments and not exclusive to the Lead Department.




                                                                                             49
     Table 9: Cross-cutting Policy Guidelines

9.1 POLICY GUIDELINE: ACCESS TO COMMUNICATION AND INFORMATION
Lead Department: Department of Communication
POLICY OBJECTIVES             INDICATOR                      Target 2009 – 2025 and beyond
                                                             Short term      Medium term                 Long term
                                                             2009-2015       2015– 2019                  2019-2023

Develop and implement          Departmental Policy on information,
policy that will provide       distribution and provision in accessible
persons with disabilities      mode and format developed,
with equal access to           implemented and monitored.
information in an
appropriate medium and
format, with specific
cognizance of previously
neglected alternative
communication systems.

Promote access for             New information and communication
persons with disabilities to   technologies and systems, including
new information and            Internet Based Services accessed by
communications                 persons with disabilities.
technologies and systems,
including Internet Based
Services.


Ensure that Government         Government websites aligned to
websites are aligned with      inclusive communication standards
inclusive communication        developed.
standards.

Promote the local design,      Affordable and accessible information,
development, production        communications technologies and
and distribution of            systems designed, developed,
affordable and accessible      produced and distributed locally.
information and
communications
technologies and systems.




9.2 POLICY GUIDELINE: PREVENTION
Lead Department: Departments of Health, Education, Transport, Environmental Affairs and Tourism
POLICY OBJECTIVES              INDICATOR                                  TARGET

                                                                          Short     term   Medium term   Long   term
                                                                          2009-2015        2015– 2019    2019-2023
Promote healthy lifestyles       Risk of impairment is reduced through
to reduce the risk of            promotion of healthy lifestyles.
impairment.



Promote safety in the            Injuries resulting in impairment and
home, workplace and the          subsequent disability are avoided
road to avoid injuries which     through safety in the home, workplace
result in impairment and         and the road.
subsequent disability.


Ensure the early                 Early identification and intervention
identification and               programmes, established.
intervention of impairment
to prevent or limit the extent
of disability experienced.

                                 50% reduction in fatalities on roads by
                                 2014 as defined by the Millennium
                                 Development Goals.



9.3 POLICY GUIDELINE: PUBLIC EDUCATION AND AWARENESS
Lead Department: Departments of Communication and Arts and Culture
POLICY OBJECTIVES            INDICATOR                                     TARGET
                                                                           Short       Medium       Long   term
                                                                           2009-2015   2015– 2019   2019-2023

Promote public education         Public is educated and aware of
and awareness of disability      disability as a human rights and
as a human rights and            developmental issue.
developmental issue.

Promote public education         Public is educated and aware on the
and awareness on the             prevention of injury, impairment and
prevention of injury,            disability.
impairment and subsequent
disability.


Ensure public awareness of       Public is aware of disability sensitive
disability sensitive             terminology.
terminology.


Promote positive visibility of   Positive visibility of persons with
persons with disabilities by     disabilities through appropriate
ensuring appropriate             representation on public media issues.
representation on public
media issues.




                                                                                                     51
9.4 POLICY GUIDELINE: REASONABLE ACCOMMODATION
Lead Department: Departments of Labour and Public Works
POLICY OBJECTIVES:             INDICATOR                                                    TARGET
                                                                           Short     term   Medium term   Long   term
                                                                           2009-2015        2015– 2019    2019-2023
Ensure that persons with       Full participation in social, economic
disabilities receive the       and cultural activities by persons with
reasonable accommodation       disabilities through reasonable
required to partake fully in   accommodation.
social, economic and
cultural activities.

Persons with disabilities      Successful integration of persons with
have access to work            disabilities in SETA programmes and
through SETA programmes        SETA related activities.
and training in employment
situations.
                               10% target of the overall expenditure
                               budget to promote BEE in the
                               construction, maintenance and facilities
                               management allocated to projects
                               owned by persons with disabilities by
                               March 2011.

                               At least 35% of inaccessible public
                               buildings per year are accessible to
                               persons with disabilities by March 2011.




                               Government participation in the property
                               market used to influence owners hip
                               patterns in the property industry in
                               favour of persons with disabilities by
                               March 2011.

                               Achievement of targets set in the
                               Growth and Development in the
                               Community Based Public Works
                               Programme and Expanded Public
                               Works Programme for persons with
                               disabilities by March 2011.

                               Strategies and programmes for the
                               development of the emerging
                               contractors with disabilities
                               implemented in partnership with civil
                               society organisations by March 2011.

                               Persons with disabilities facilitated and
                               enabled to provide services as
                               contractors within the Department‟s
                               Auxiliary and Associated Services.




                                                                                                           52
9.5 POLICY GUIDELINE: UNIVERSAL ACCESS AND DESIGN
Lead Department: Departments of Science and Technology, Public Works and Department of Trade and Industry
POLICY OBJECTIVE:            INDICATOR                                TARGET
                                                                      Short     term Medium term Long       term
                                                                      2009-2015      2015– 2019      2019-2023


Ensure that persons with       Physical    built   environment       and
disabilities have equal        communication of facilities and services
access to the physical built   accessible to persons with disabilities.
environment as well as
related communication and
to other facilities and
services provided for or
open to the general public
in rural and urban areas.

Ensure the development         Local minimum norms and standards of
and implementation of local    accessibility aligned with international
minimum norms and              best practice developed and
standards of accessibility     implemented.
aligned with international
best practice.

Promote the development        Products that are universally accessible
of universally designed        are available. Research into their design
products.                      is promoted.

                               SABS standards produced.
9.6 POLICY GUIDELINE: ACCESSIBLE ENVIRONMENT
Lead Department: Department of Environmental Affairs and Tourism

POLICY OBJECTIVE               INDICATOR                                    TARGET
Prevent     and      reduce    Application of waste management              Short     term   Medium term   Long term
pollution and waste and        systems that prevent and minimize            2009-2015        2015– 2019    2019-2023
improve       Air       and    possible    disabilities through    the
Atmospheric Quality.           reduction of unpermitted waste disposal
                               sites.

                               80% reduction of waste by 2015.

                               Asbestos Regulations gazetted and
                               implemented to reduce the impact of
                               communities suffering from disposal of
                               asbestos waste material.

                               National Action Plan for People and
                               Parks which accommodates persons
                               with disabilities in place.
                               Regulations implemented.

                               Transformation Charter available.

                               Regulations implemented.

                               7 000 children visiting 20 national parks.


                                                                                                            53
9.7 POLICY GUIDELINE: MONITORING AND EVALUATION
Lead Department: The Presidency.
POLICY OBJECTIVES            INDICATOR                                                         TARGET


                                                                              Short     term    Medium term   Long   term
                                                                              2009-2015         2015-2019     2019-2023

Establish mechanisms              Civil society, Government departments
towards promoting,                and key role players consulted on
protecting, implementing          promoting, protecting, implementing and
and monitoring of the             monitoring the implementation of the
present National Disability       National Disability Policy.
Policy in consultation with
civil society.

Regular review and setting        Relevant targets in place and reviewed
of appropriate targets to         regularly.
promote inclusion in areas
where discrimination is
most prevalent.
                                  Monitoring and Evaluation Strategies
                                  established   and   managed       by
                                  institutions.
9.8 POLICY GUIDELINE: BUDGETING
Lead Department: Treasury.

POLICY OBJECTIVE                  INDICATOR                                   TARGET
                                                                              Short     term    Medium term   Long term
                                                                              2009-2015         2015– 2019    2019-2023


Provide              adequate     Resources for reasonable
resources for reasonable          accommodation and other disability
accommodation and other           initiatives aligned to relevant financial
disability initiatives in line    policies and legislation.
with     relevant     financial
policies and legislation.
                                  Incentives and other financial tools to
                                  ensure that other departments are able
                                  to realise their commitments put in
                                  place.

9.9 POLICY GUIDELINE: HIV AND AIDS
Lead Department: Department of Health
POLICY OBJECTIVES                                INDICATOR                    TARGET
                                                                              Short     term    Medium term   Long term
                                                                              2009-2015         2015– 2019    2019-2023


Ensure the appropriate            Persons with disabilities appropriately
representation of persons         consulted and represented on all HIV
with disabilities on HIV and      and AIDS-related boards and bodies.
AIDS-related boards and
bodies.




                                                                                                               54
Ensure the inclusion of        Management     and    recognition  of
persons with disabilities      disabilities acquired   through   the
acquired through the           progression of AIDS included in
progression of AIDS in all     departmental HIV and AIDS-related
Departmental disability        strategies.
management strategies.

Ensure persons with            All HIV and AIDS and reproductive
disabilities have equal        health-related       information      and
access to information and      preventative strategies communicated
preventative strategies on     to the public or employees provided in
HIV and AIDS and               accessible modes and formats to
reproductive health in         persons with disabilities including those
accessible modes and           with mental disabilities.
formats.

Ensure that persons with       Opportunities resulting from HIV and
disabilities benefit equally   AIDS-related initiatives equally benefit
from opportunities resulting   persons with disabilities.
from HIV and AIDS-related
initiatives.

Ensure that persons who        Disability-related benefits and insurance
have acquired a disability     equally benefit persons with acquired
through HIV and AIDS           disability.
benefit equally from
disability-related benefits
and insurance.


9.10 POLICY GUIDELINE: SAFETY AND SECURITY
Lead Department: Departments of Defence, Safety and Security and South African Police Service (SAPS)
POLICY OBJECTIVES            INDICATOR                                                     TARGET
                                                                        Short    2009- Medium term     Long term
                                                                        2015             2015– 2019    2019-2023

Ensure the inclusion of        Emergency, disaster relief and
persons with disabilities in   homeland security contingency plans
all emergency, disaster        inclusive of persons with disabilities.
relief and homeland
security contingency plans.    Protection of South Africa, the integrity
                               of its territory and its people, including
                               persons with disabilities, in accordance
                               with the international law and
                               constitution.

Ensure that the safety         Crime prevention plans take into
concerns of persons with       account the safety needs of persons
disabilities are taken into    with disabilities, and statistics are
account in crime prevention    inclusive of persons with disabilities.
and gathering of related
statistics.

Foster a positive              Specific plans developed with
relationship with the          concerned departments on disability-
concerned departments          related issues. These plans are



                                                                                                        55
with regard to persons with      reviewed regularly.
disabilities.


9.11 POLICY GUIDELINE: HUMAN RESOURCE DEVELOPMENT
Lead Department: Department of Public Service and Administration in consultation with National, Provincial and
                 Local Government
POLICY OBJECTIVES                           INDICATOR                   TARGET
                                                                               Short     term   Medium term   Long term
                                                                               2009-2015        2015– 2019    2019-2023


Ensure recruitment,              Practitioners and professionals in the
retention and training of        field of disability recruited, retained and
practitioners and                appropriately trained.
professionals in the field of
disability as appropriate to
the needs of various
contexts.


Enable persons with              General technical and vocational
disabilities to have effective   guidance programmes, placement
access to general technical      services and professional, vocational
and vocational guidance          and continuing training accessible to
programmes, placement            persons with disabilities.
services, professional,
vocational and continuing
training.

Promote employment               Employment opportunities and career
opportunities and career         advancement in the open labour market
advancement for persons          for persons with disabilities.
with disabilities in the open
labour market, as well as        Person with Disabilities assisted in
assistance in finding,           finding, obtaining, maintaining and
obtaining, maintaining and       returning to employment.
returning to employment

Promote vocational and           Persons with disabilities access
professional habilitation and    vocational and professional habilitation
rehabilitation, job retention    and rehabilitation, job retention and
and return-to-work               return-to-work programmes.
programmes for persons
with disabilities.

Ensure that reasonable           Persons with disabilities access
accommodation is provided        appropriate reasonable accommodation
for persons with disabilities    in the workplace.
in the workplace.

Ensure proper diversity          Diversity is managed within the
management within the            workplace.
workplace.




                                                                                                               56
     Table 10: General Policy Guidelines

10.1 POLICY GUIDELINE: HEALTH CARE
Lead Department: Department of Health

POLICY OBJECTIVES              INDICATOR                                  TARGET
                                                                          Short term   Medium term        Long term
                                                                          2009-2015    2015– 2019         2019-2023

Provide persons with           Fee health, sexual and reproductive
disabilities with the same     health care services accessed and
range, quality and standard    available to persons with disabilities.
of free and affordable
health services as provided
to all persons. These
include sexual and
reproductive health
services and population-
based public health
programmes.


Provide health services        Early identification and intervention
needed by persons as a         services are accessed in collaboration
result of their disability.    with Department of Education (DoE)
These include early            and Department of Social Development
identification and             (DoSD).
intervention that minimize
and prevent further
disabilities, especially for
children and their parents,
in most cases, mothers and
caregivers

Provide these health           Services offered to the place of
services as close as           residence and are of high ethical
possible to persons‟ own       standard.
communities both in urban
and rural areas.

Require health                 Quality and ethical care accessed by
professionals to provide       persons with disabilities.
care of the same quality to
persons with disabilities as
to others, including on the
basis of free and informed
consent by, inter alia,
raising awareness of the       Public health education and health
human rights, dignity,         promotion     including     preventative
autonomy and needs of          strategies on HIV and AIDS are
persons with disabilities      available in appropriate mode and
through training and the       format to persons with disabilities.
promulgation of ethical
standards for public and
private health care.


                                                                                                     57
Prohibit discrimination          Health and life insurance available to
against persons with             persons with disabilities without
disabilities in the provision    discrimination.
of health insurance and life
insurance.

Ensure the provision of          Persons  with    disabilities  access
primary health care              comprehensive primary health care.
promotion and education
programmes to all persons
with disabilities in an
accessible mode and
format.

10.2 POLICY GUIDELINE: HABILITATION AND REHABILITATION

Lead Departments: Departments of Health, Labour, Social Development and Education

POLICY OBJECTIVES                               INDICATOR                                     TARGET
                                                                            Short     term   Medium term   Long term
                                                                            2009-2015        2015– 2019    2019-2023

Establish an integrated          Integrated National Strategy for
Strategy for Community-          Community-based Rehabilitation
Based Rehabilitation.            approved.

Promote the development          Initial and continuing sector-specific
of initial and continuing        training for all in habilitation and
training for professionals       rehabilitation workers developed.
and staff working in
habilitation and
rehabilitation services as
applicable to all sectors.

Ensure the availability of       Available and affordable assistive
affordable assistive devices     devices and technologies designed for
and technologies designed        persons with disabilities.
for persons with disabilities.


Ensure knowledge and use         Persons       with   disabilities have
of assistive devices and         knowledge and are aware of use of
technologies designed for        assistive devices in relation to
the habilitation and             habilitation and rehabilitation.
rehabilitation of persons
with disabilities.

Prohibit all forms of            Integrated and accessible rehabilitation
discrimination against           programmes and correctional facilities
offenders with disabilities.     for offenders with disabilities.

Ensure that offenders with       Corrective programmes available.
disabilities have access to
rehabilitation and corrective
programmes.




                                                                                                     58
Expose officials to
disability-related
programmes within
Correctional Centres to
enable sensitivity in
disability management.
10.3 POLICY GUIDELINE: TRANSPORT

Lead Department: Department of Transport

POLICY OBJECTIVE                    INDICATOR                                 TARGET
                                                                              Short     term   Medium term   Long   term
                                                                              2009-2015        2015– 2019    2019-2023

Ensure persons with disabilities    Sustainable integrated, flexible,
benefit from an integrated, safe,   safe, accessible, affordable and
effective, flexible, accessible,    multi-modal public transport system
affordable and multi-modal          is available to persons with
public transport system. This       disabilities.
includes appropriate transport
facilities and information on       Accessible and appropriate public
transport made available in         transport facilities and transport
accessible modes and formats,       infrastructure mainstream persons
in line with Public Transport       with disabilities into public transport
Strategy and Action Plan and        system.
the Rural Transport Plan.
                                    Transport-related information
                                    available to persons with disabilities
                                    in accessible modes and formats.

                                    50% reduction in fatalities on the
                                    roads by 2014 as defined by the
                                    Millennium Development Goals.


                                    System of Rapid Public Transport
                                    Network Trunk Corridor available.

                                    Transformed public transport
                                    system effective in 2010 and
                                    sustainable to create lasting legacy
                                    beyond 2025.


10.4 POLICY GUIDELINE: RESEARCH, DISSEMINATION OF DATA AND RESEARCH INFORMATION
Lead Departments: The Presidency and Statistics South Africa
POLICY OBJECTIVES                INDICATOR                    TARGET
                                                              Short     term Medium term                     Long   term
                                                              2009-2015      2015– 2019                      2019-2023

Ensure the collection of            Policy formulation and
appropriate information,            implementation informed by
including statistical and           appropriate and accurate
research data to formulate and      information from persons with
implement policies.                 disabilities consulted.

Ensure data collection complies     Legally established safeguards and


                                                                                                       59
with legally established            internationally accepted norms
safeguards and internationally      complied in data collection.
accepted norms to protect
human rights and fundamental
in the collection and use of
statistics.

Ensure that terms defining and      All Government departments use
categorising persons with           terminology and definitions on
disabilities are in line with the   disability that are supported by the
UN Convention and the social        UN Convention and the social
model of disability.                model of disability.

Ensure that information             Assessment of policy
collected shall be                  implementation based on
disaggregated as appropriate        disaggregated information.
and used to help assess the
implementation of the policy.

Ensure the dissemination of         Research information disseminated
research information and            to persons with disabilities and
ensure its accessibility to         others in appropriate mode and
persons with disabilities and       format.
others in appropriate mode and
format.

10.5 POLICY GUIDELINES: EDUCATION
Lead Department: Department of Education
POLICY OBJECTIVES               INDICATOR                                    TARGET
                                                                             Short     term   Medium term   Long   term
                                                                             2009-2015        2015– 2019    2019-2023

Facilitate equal access to          Mainstream and alternate modes of
education. This includes access     schooling accessed equitably by all
to alternative modes of             children and youth with disabilities.
schooling and ensuring equity
in education provision at all
levels: general, further, and
higher education and training.


Ensure that the specific needs      Diverse needs of all learners
of all learners experiencing        provided within a single, barrier-free
barriers in learning are met        and supportive educational system.
within a single educational
system with varied provision of
placement options with
appropriate support.

Facilitate capacity building for    Capacity building strategies of all
all stakeholders including          stakeholders towards meeting the
parents and caregivers towards      needs of learners experiencing
meeting the needs of learners       barriers to learning are developed.
experiencing barriers in
learning through promoting
informed choices, quality



                                                                                                      60
education and empowerment.

Ensure early identification,         Early identification and intervention
intervention and development         accessed within an Integrated
of all children with disabilities    Childhood Development (ECD)
within an integrated Early           framework.
Childhood Development (ECD)
and other related policy
frameworks.

10.6 POLICY GUIDELINE: EMPLOYMENT AND ECONOMIC EMPOWERMENT
Lead Department: Departments of Labour, Trade and Industry, Public Enterprises and Public Service and
                Administration
POLICY OBJECTIVES                INDICATOR                              TARGET
                                                                        Short term Medium          term   Long   term
                                                                        2009-2015     2015– 2019          2019-2023

Prohibit discrimination on the       Discrimination on the basis of
basis of disability in relation to   disability in relation to all issues of
issues of employment and             employment prohibited.
conditions of recruitment,
retention, occupational choice,
career progression, as well as
safe and barrier-free working
conditions.


Ensure that persons with             Labour and trade union rights
disabilities are able to exercise    exercised by persons with
their labour and trade union         disabilities on an equal basis.
rights on an equal basis with
others.


Promote opportunities for self-      Self-employment, entrepreneurship,
employment, entrepreneurship,        the development of cooperatives
the development of                   and starting own business by
cooperatives and starting one‟s      persons with disabilities facilitated
own business by persons with         and supported.
disabilities.


Ensure proper representation of      Persons with disabilities are suitably
persons with disabilities in         represented and statistics relating
Broad Based Black Economic           to persons with disabilities are
Empowerment and in                   correctly reported on.
associated rating and
certification.

Ensure that procurement plans        Companies procured have suitable
provide for persons with             representation of persons with
disabilities in their procurement    disabilities
targets.


Ensure equitable employment          Employment opportunities for



                                                                                                   61
of persons with disabilities in all   persons with disabilities mandated
sectors through the utilisation of    in all sectors.
appropriate policies and
measures which include
affirmative action programmes,
incentives and other measures.

Promote persons with                  Work experience in the open labour
disabilities to acquire work          market acquired by persons with
experience in the open labour         disabilities.
market.


Promote vocational and                Vocational and professional
professional habilitation and         habilitation and rehabilitation, job
rehabilitation, job retention and     retention and return-to-work
return-to-work programmes for         programmes for persons with
persons with disabilities.            disabilities available.

Ensure that persons with              Persons with disabilities are not
disabilities are not held in          held in slavery or in servitude and
slavery or in servitude and are       are protected on an equal basis as
protected on an equal basis           others from forced or compulsory
with others from forced or            labour.
compulsory labour.

10.7 POLICY GUIDELINE: EARLY CHILDHOOD DEVELOPMENT
Lead Departments: Departments of Social Development, Education and Health

POLICY OBJECTIVES                     INDICATOR                              TARGET
                                                                             Short     term   Medium term   Long   term
                                                                             2009-2015        2015– 2019    2019-2023
Develop integrated policy             Comprehensive integrated ECD
showing the respective                Policy developed by lead
responsibilities and integrated       departments.
ECD line functioning and
related budgeting of all
stakeholders in all tiers of
Government.

Promote the design and                Early identification, assessment and
implementation of early               intervention programmes for
identification, assessment and        children and learners with
intervention programmes for           disabilities in the age group 0-9
children and learners with            years designed and implemented.
disabilities in the age group 0-9
years.

Promote opportunities for             ECD programmes at Full Service
children with disabilities to be      Schools are accessed by children
enrolled and participate in ECD       with disabilities within their local
programmes within the local           community
community in Full Service
Schools to ensure that children
remain within the family or
caregiver unit.



                                                                                                      62
Promote direct representation            Parents and caregivers of children
and participation of caregivers,         with disabilities directly represented
guardians and parents of                 and participate on all existing
children with disabilities in all        emerging ECD policy-making
emerging and existing ECD                structures at all levels.
policy-making structures at all
levels.

Promote and support the                  Recruitment, training, capacity
training, capacity development           development and retention of ECD
and retention of ECD                     practitioners and professionals is
practitioners and professionals.         promoted and supported.

Ensure equal benefits to all             Community based and informal
ECD centres, including                   community based ECD centres,
incorporation of community               including those run by parents
based and informal community             incorporated into formal ECD
based ECD centres, including             sector.
those run by parents into the
formal ECD sector.

Ensure the development of                ECD centres function as community
ECD centres as community                 resource centres.
resource centres.


10.8 POLICY GUIDELINE: SOCIAL DEVELOPMENT AND SOCIAL SECURITY
Lead Department: Department of Social Development and South African Social Security Agency (SASSA)
POLICY OBJECTIVES                    INDICATOR                            TARGET
                                                                          Short     term Medium term   Long term
                                                                          2009-2015      2015– 2019    2019-2023
Ensure adequate standards of         Standards of living for persons with
living for persons with disabilities disabilities and their families are
and their families, and continuously adequate and living conditions are
improve such living conditions.      continuously improved.


Ensure the provision of social           Social security programmes and grants
security programmes, including           are accessed by persons with
grants to beneficiaries equitably        disabilities equitably and without any
without any form of discrimination.      form of discrimination.

Ensure equal access for persons          Social protection and poverty reduction
with disabilities, in particular         programmes accessed by persons with
women, girls and older persons           disabilities, in particular women, girls
with disabilities to social protection   and older persons with disabilities.
programmes and poverty reduction
programmes.


Ensure access for persons with           State funded Independence training,
disabilities and their families living   counselling, financial assistance and
in situations of poverty to              respite care accessed by persons with
assistance from the State, including     disabilities and their families living in
but not limited to disability-related    situations of poverty.
expenses, independence training,
counselling, financial assistance
and respite care.



                                                                                                63
Ensure equal access for persons            Retirement benefits and programmes
with disabilities to retirement            are accessed by persons with
benefits and programmes.                   disabilities.

Ensure the participation of Non-
Governmental Organizations                 Disability sector developed with Non-
(NGO‟s) in the development of this         Governmental Organisations
disability sector.                         participation and partnership.


10.9 POLICY GUIDELINE: HOUSING
Lead Department: Department of Housing
POLICY OBJECTIVES                INDICATOR                                              TARGET
                                                                                        Short     term   Medium term   Long   term
                                                                                        2009-2015        2015– 2019    2019-2023

Prohibit discrimination against            Equitable, adequate, accessible and
persons with disabilities in all           affordable housing and all other housing
housing schemes and initiatives            schemes and initiatives are accessed
and ensure equitable access to             by persons with disabilities without
adequate, accessible and                   discrimination.
affordable housing.

Promote, encourage and legislate           A significant proportion of new housing
for developers to include housing          developments designed to be inclusive
inclusive of persons with disabilities     of persons with disabilities.
in the open housing market.

Prohibit discrimination against            Financial assistance towards acquiring
persons with disabilities in the           housing by persons with disabilities is
provision of financial assistance          accessed without discrimination.
towards acquiring housing.

Ensure that persons with                   Economic empowerment opportunities
disabilities benefit equally from the      inherent in the housing sector benefit
economic empowerment                       persons with disabilities equitably.
opportunities inherent in the
housing sector.

10.10 POLICY GUIDELINE: SPORT, CULTURAL LIFE, RECREATION AND LEISURE
Lead Departments: Departments of Arts and Culture, Sport and Recreation and Education
POLICY OBJECTIVES                  INDICATOR                                     TARGET
                                                                                 Short     term          Medium term   Long term
                                                                                 2009-2015               2015– 2019    2019-2023
Encourage and promote best         Persons with disabilities participate in
possible participation of persons  mainstream sporting activities at all levels.
with disabilities in mainstream
sporting activities at all levels.

Ensure that persons with                 Disability-specific sporting and
disabilities have an opportunity to      recreational activities are organised and
organize, develop and participate        developed by persons with disabilities.
in disability-specific sporting and
recreational activities and benefit
equally from appropriate
instruction, training and
resources.


Ensure that persons with                 Sporting, recreational, cultural and tourism



                                                                                                                 64
disabilities have access to           venues, facilities and services accessed
sporting, recreational, cultural      by persons with disabilities.
and tourism venues, facilities and
services.

Promote equal development of          Persons with disabilities participate in
disability-specific sporting codes,   disability-specific sporting and recreation
appropriate instruction and equal     activities receive appropriate instruction
remuneration for athletes with        and are remunerated equally.
and without disabilities.




Ensure that persons with              Services are accessed by persons with
disabilities have access to           disabilities from those involved in the
services from those involved in       organisation of recreational, tourism,
the organisation of recreational,     leisure, sporting and cultural activities.
tourism, leisure, sporting and
cultural activities.
                                      Economic empowerment of persons with
Facilitate the economic               disabilities achieved through full
empowerment of persons with           participation as service providers and
disabilities through full             consumers within eco-tourism.
participation as service providers
and consumers within eco-
tourism.
                                      Empowerment of persons with disabilities
Facilitate empowerment of             achieved through their full participation in
persons with disabilities through     cultural activities as artists and
full participation in cultural        consumers.
activities as artists and
consumers.
                                      Children with disabilities participate with
Ensure that children with             other children in play, recreation, leisure
disabilities participate equally      and sporting activities.
with other children in play,
recreation, leisure and sporting
activities.




                                                                                     65
CHAPTER 6: PRINCIPLES OF MONITORING AND EVALUATION


The Constitution of the Republic of South Africa Act 108 of 1996 and all relevant acts inform
monitoring and evaluation systems. The guiding tool for this is the Policy Framework for the
Government-wide evaluation system (November 2007, the Presidency).

Government departments have a constitutional mandate to ensure service delivery for persons
with disabilities and are accountable for monitoring and evaluation. These monitoring tools
serve as corrective instruments against violated rights of persons with disabilities and measure
trends and patterns of discrimination at individual and systemic levels. Such tools and
methodologies for data collection shall be compliant with internationally accepted protocols,
including the International Classification of Functioning (World Health Organization).

Within the context of such mainstream systems for monitoring and evaluation of rights, the
National Disability Policy and its implementation guidelines provide the policy objectives and
general performance indicators relevant to upholding the rights of persons with disabilities.
Government departments are required to compile specific indicators which are aligned to
Strategic positions and priorities.

The performance of all Government departments is accounted to the Joint Monitoring
Committee (JMC) on the Improvement of the Quality of Life and Status of Children, Youth and
Persons with Disabilities through reporting mechanisms channelled via the Office on the Status
of Disabled Persons in the Presidency. Standardized reporting systems should be aligned to the
respective policy objectives of the National Disability Policy and the departmental specific
performance indicators.

Capacity building should form part of the monitoring and evaluation strategy. An effective
monitoring and evaluation system should ensure that the disability Focal Person responsible for
monitoring and evaluation is continually capacitated.

Confidentiality and respect for the privacy of persons with disabilities should be in line with
ethical principles regarding use of statistics. Information collected on disability should be
disaggregated as appropriate and used to help assess the implementation of disability related
policies, programmes and practices. Information disseminated on statistics, intervention and
feedback mechanisms should be available in accessible modes and formats to persons with
disabilities and others.

Monitoring goes together with responsibility of reporting, gathering information and identifying
areas which need intervention. Monitoring and Evaluation practices should ensure that reporting
lines are well established, maintained and coordinated at national and provincial levels,
municipalities and other institutions mandated to discharge monitoring activities relating to rights
of persons with disabilities. Different line functions require diverse types of information on
disability to enable them to appropriately assign resources and develop programmes. Data
collection should therefore inform policy development and planning.

International Monitoring and Evaluation is facilitated through National processes since the policy
objectives of the National Disability Policy are aligned directly with those stipulated in the
Convention on the Rights of Persons with Disabilities. Hence the performance of South Africa
as a country is based on departmental reporting on aligned policy objectives.


                                                                                         66
The OSDP as the mandated designated structure within Government will ensure that Monitoring
and Evaluation is carried out and that civil society, particularly, persons with disabilities and the
disability sector, are involved and participate fully in all the monitoring and evaluation processes.
Ultimately, the outcome of this process will be made available to civil society in an appropriate
mode and format. All violations will be reported in a manner which facilitates intervention either
at legislative or civil levels.


CONCLUSION

The Convention on the Rights of Persons with Disabilities and the Constitution of the Republic
of South Africa Act 108 of 1996 fundamentally enshrine the equal human rights and
responsibilities of all persons, including persons with disabilities. However, in reality, the
majority of persons with disabilities in South Africa and the world over remain marginalized and
unable to practically realize these rights.

This National Disability Policy and its implementation guidelines reflect Government‟s
commitment to a society for all society in which the constitutional rights of persons with
disabilities become the actualised realities of day to day life. A society free of unfair
discrimination; a society that embraces diversity and allows all who call South Africa home to
flourish as one nation within a single humanity.




                                                                                          67
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                                                                                        70
REVIEW

The OSDP reserves the right to review this document as the need arises and in line with
relevant developments within the disability field and Government‟s scenario planning.




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