Courts taken to court

2003-10-09 21:50

Philip de Bruin

Johannesburg - A quadriplegic attorney has lodged the first case in South Africa's new Equal Rights Court. Her charge is against some courts, which she feels do not make provision for the disabled.

Esthe Muller, from Vereeniging, broke her neck in a car crash in 1999. She said some court buildings were not wheelchair friendly and that it was degrading being carried into court.

She said in her complaint that the worst incident had been when a case she was working on in the Meyerton court had to be postponed as she could not get into the building. She sat outside helplessly as there was no way she could get to the courtroom, which was on the first floor.

The Human Rights Commission is aware of her case and will support her in the new Germiston-based Equal Rights Court.

Charlotte McClain-Nhlapo, head of the commission and herself wheelchair bound, will handle Muller's case.

The defendants are the Minister of Justice Penuell Maduna, the Minister of Public Works Jeff Radebe, the Meyerton magistrate and the Springs magistrate.

The magistrate from Springs is also involved as, according to Muller's charge, she had to be carried down a flight of stairs to the Springs court room.

She said that firstly there was a danger that her assistant could drop her and secondly that it was degrading being carried into a courtroom - for her and her client.

Muller said she was fighting this case for all disabled people. "We do not want any special favours...we ask only for equal treatment."

The Equal Rights Court was established in accordance with the law promoting equality and preventing unfair discrimination.

- Beeld