South Africa is finally taking steps to align with international laws protecting disability rights
For some time now, civil society has been pushing for a dedicated disability act to protect the rights of persons with disabilities. The South African Law Reform Commission (SALRC) is spearheading the adoption of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) into national legislation.
South Africa signed the CRPD and its Optional Protocol back in 2007, committing to align local policies with the international standards. The SALRC’s Project 148 aims to fulfil this commitment made over a decade ago by incorporating the CRPD into South African law.
To ensure and facilitate meaningful public participation, the process involves extensive research, issue papers and discussion documents. The goal is to ensure everyone gets a chance to have their say.
In 2021, the SALRC published the Project 148, Issue Paper 33. It outlined the key challenges, defined the scope of investigation, and invited public comment. Organisations of Persons with Disabilities (OPDs) actively engaged and submitted their responses.
Currently, a second round of public engagement is underway with the release of Discussion Paper 163 under Project 148. The proposed legislation, titled the Protection and Promotion of Persons with Disabilities Act X of 2024, aims to provide comprehensive legal protections for persons with disabilities.
Aligning this proposed legislation with existing laws, such as the Promotion of Equality and Prevention of Unfair Discrimination Act and the Employment Equity Act, is essential to ensure coherence in South African legal framework.
Civil society is in the process of drafting and submitting comments. The deadline for submissions was extended to 30 April 2025.
However, the OPDs has raised concerns regarding the accessibility of the draft bill, emphasising the need for inclusive formats to ensure full participation. The ongoing dialogue between stakeholders and policymakers remains crucial in shaping an effective and inclusive disability law for South Africa.
This article was compiled with assistance from Melanie Lubbe, South African Disability Alliance.
