Special-needs learners case goes to court

There are allegations of sexual abuse, neglect and poor food quality at one school in Gauteng

- Umamah Bakharia

BlindSA and the Equal Education Law Centre (EELC) are taking the Gauteng department of basic education to court over alleged human rights violations at the Filadelfia Secondary School, where learners with special needs reported neglect, sexual harassment by educators and a shortage of teachers trained in braille and sign language.

The case, which will be heard in the high court in Pretoria on 26 May, comes after BlindSA made its first submission in November 2022.

"The EELC and BlindSA call on government to regulate this area to ensure that there is an adequate legal framework supporting the needs and safety of learners living in special school hostels," said Anjuli Maistry, a senior attorney at EELC.

According to court documents seen by the Mail & Guardian, BlindSA said it received complaints from parents and learners about the violations of learners' rights at Filadelfia. Their experiences included violence at the hands of caretakers, sexual harassment by teachers, dilapidated infrastructure that left blind learners vulnerable and food quality that was "not fit for human consumption".

BlindSA said it worked with parents and pleaded with the school to improve the conditions of the learners, adding that the Gauteng department of education failed to intervene.

"There appears... to be no attempt by the school, its school governing body, the MEC or the minister to address these historic issues [despite all being well aware of the situation]," reads the founding affidavit submitted by the organisation in 2022.

Learners at the school have previously protested against the alleged rights abuses.

At one protest, students held up signs that read: "Sexual abuse has become a habit in our school. Why should teachers take advantage of our background?"