South Africa: Leveraging Legislation and Policy to Make a Difference for Disabled Persons

In 1994 Nelson Mandela took the reins as leader of post-apartheid South Africa. As a result, a generous amount of legislation was passed to reintegrate blacks into society and its economy. "Special levies were imposed to fund training and education programs for people who had been denied education under apartheid," writes Nicole Itano, in an article for the Christian Science Monitor. She points out that now "companies were required to set employment goals for disadvantaged groups and submit plans showing the government how they planned to meet those goals . . . Companies are now legally obligated to meet disabled employment quotas, usually set at about two percent of the workforce."

The phrase "disadvantaged groups" initially meant blacks, but as the new South African government grew, these "disadvantaged groups" progressed to include women and eventually people with disabilities. "If there's going to be a settlement in this country that empowers previously disadvantaged groups, that settlement couldn't leave out the disabled," points out Patrick Molala, development director for the South African National Council of the Blind. Molala continues, there is an effort "to introduce a mindset that [views] disabilities as a human-rights and development issue, and away from it being a health and social welfare issue."

Ms. Itano's article focuses on Sam Mashilane who was stricken with polio 25 years ago when "disabilities in this part of the world were considered some sort of punishment." As in many unsophisticated countries, people with disabilities were hidden away and thought to be welfare burdens for the state and their families. Now though, Mashilane, a switchboard operator, is preparing for his approaching marriage. He represents the benefits people with disabilities received from laws initially created for racial equality.

Ghettoized jobs
Yet, even though progress is being made for South Africa's estimated 4.8 million people with disabilities have benefited from changing attitudes, the disabled say even progressive companies often "ghettoize" the disabled into certain jobs. Ms. Itano reminds us that Sam Mashilane is still relegated to his job as a switchboard operator even though he's a trained technician. "Most people don't really accept disabled people. They feel pity," Mashilane says. "You can even get away with so many things because you're disabled, which isn't good. But people are willing to give you a chance now, and that's a difference."

A singularly ingenious design for inclusion has been adopted by Mike duToit, CEO of the Disabilities Employment Concerns Trust. As related to Ms. Itano, duToit's organization invests in companies and then uses its position as a shareholder to encourage employment of people with disabilities. Thus, "by becoming stakeholders in companies, Mr. DuToit . . . is using economic rather than political pressure to encourage progressive employment policies toward the disabled," Ms. Itano points out.

But there's still that uphill battle of convincing employers to hire people with disabilities. Ninety-nine per cent of South Africa's disabled are unemployed. As is the case more often than not, employers are hesitant of hiring people the employers feel will require expensive workplace adaptations or people they deem may be less productive than able-bodied employees.

Retiring the medical model
As Lorna Flick, managing director of Disability Resource Solutions told Ms. Itano:

"The root of the problem is that many companies still think in a social-medical model. They would rather fund a home for children who are mentally disabled than employ one person (with a disability) in the office, because that way it stays outside." Now, she says, "the challenge is to enforce the new laws that protect the rights of the disabled."

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