2 October 2024, Johannesburg – Blind SA and the Institute for Certified Bookkeepers (ICB) have reached an out of court settlement, in Blind SA’s Equality Court challenge against the ICB for unfairly discriminating against 50 blind and visually impaired students. On 4 September 2024, SECTION27 representing Blind SA launched an urgent application in the Equality Court (Western Cape) seeking litigation redress to ensure that the 50 students were registered and reasonably accommodated to enable them to complete their assessments, tests and exams for the National Certificate: Small Business Financial Management qualification with the ICB.
Prior to the launching of the application on 4 September 2024, the ICB refused to grant the 50 students access to its online platform so they could complete their assignments, tests and examinations. It later became clear that ICB’s platform was incompatible with the students’ screen reading software, and ICB refused to make the necessary adaptations to accommodate them from completing their qualification. The ICB also denied that the 50 learners were registered for the course in the first place and turned them away. Despite Blind SA’s attempts to resolve the matter, it was left with no alternative but to seek relief through urgent litigation. However, before the matter was heard, the ICB and Blind SA were able to reach a settlement.
On Wednesday, 2 October, Judge J Erasmus made the settlement agreement an order of Court. The terms of the settlement agreement compel the ICB to allow the 50 Blind SA learners to register for exams within two days of the date of the order; and also, to allow the 50 learners, once registered for examinations, to apply for concessions related to the completion of assignments, tests and examinations.
With regards to the completion of assignments and tests, the concessions include allowing the students to complete these using screen reading software, assisted by a sighted reader or scribe. Students will also be granted additional time for tests.
With regard to examinations, the students may opt for either paper-based or online examinations. The paper-based examinations may be written with the assistance of scribes or sighted readers either at an ICB venue or a separate venue with invigilators organised by Blind SA and approved by ICB. Like the online assessments, the online exams are to be completed using screen reading software and a sighted reader or scribe.
Importantly, the ICB has agreed to grant similar concessions to any blind or visually impaired student in future who requires and applies for such concessions. The ICB has also undertaken to begin taking reasonable measures within 3 months, within their available resources to make all new qualifications that it offers, compatible to international standards for digital accessibility.
This settlement agreement vindicates the fundamental human rights of the 50 students and particularly their right to access higher education in an equitable manner. It also ensures that the barriers to accessing higher education posed by digital accessibility platforms are removed and students with visual disabilities are reasonably accommodated by the ICB.
“Blind SA welcomes the court order of the Equality Court and ICB’s willingness to grant the concessions and reasonable accommodations to enable the fifty blind and partially sighted students to complete the financial course. Blind SA is particularly happy that future students do not have to go through the similar anxiety and that these concessions will also apply to them” said Jace Nair, CEO.
For media queries contact:
Pearl Nicodemus | nicodemus@section27.org.za | 082 298 2636
Lerato Jiyane
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