According to Dr Theo Broodryk, head of the Law Clinic at Stellenbosch University (SU), the outcome is not only a victory for visually impaired people, but will assist greatly in creating awareness of the rights of people with disabilities not to be discriminated against.
In terms of the settlement agreement, which was made an order of the Equality Court on 26 September 2018, Durbanville Hills will issue a public apology in which it admits to discriminating against Herbst and undertakes to take “steps to ensure that all staff employed by Durbanville Hills will take part in sensitivity training from the Guide Dog Association of South Africa”. Durbanville Hills will further contribute R50,000 to the Guide Dogs Association “for the purpose of a media campaign to be run by it in order to raise awareness in respect of guide dogs”. Durbanville Hills will further pay an amount of R50,000 to Herbst as compensation for the incident.
“The steps taken by Durbanville Hills are welcomed and will assist in raising awareness of the rights of people with disabilities not to be discriminated against. The outcome of this matter should however also send a stern warning that discriminatory conduct towards vulnerable individuals such as Herbst will not be tolerated,” said Broodryk.
