Cape Town - A homeless paraplegic man from rural Kalbaskraal who took the Western Cape Department of Social Development (DSD) to court, alleging he was left in a precarious and potentially life-threatening situation, has won a court order under which the DSD should report to the court by January 4 regarding its efforts to find him suitable accommodation.
The order, negotiated on his behalf by Legal Aid SA before Western Cape High Court judge Katherine Savage, is dependent on the DSD’s agreeing to let the court have judicial oversight on the matter.
The court order also directs the DSD to provide a report of its progress in their efforts every three weeks thereafter.
Paul Gerber, 54, has also sued two national ministers and the Sederville Tuis vir die Bejaardes.
Gerber, 54, who is paraplegic due to a spinal injury he suffered after an attack in 2012, is also facing eviction as he is unable to pay rent for an illegally built wooden house where he lives in Malmesbury.
Subsequent to the injury he has lost his business, his house and almost everything he owned.
Gerber, who also suffers from several co-morbidities, did not appear in person and was represented in court by an advocate supplied by Legal Aid SA.
Legal Aid SA advocate Thembalihle Sidaki had argued in court Gerber’s situation was a life-threatening one.
Aside from demanding that his basic human rights to social security, dignity and adequate housing be upheld and respected, Gerber’s case was that he had been denied access to a suitable 24-hour care facility and was abandoned by the authorities to spend two days on the streets of Malmesbury.
Legal Aid SA said they were treating the case as a “strategic litigation matter” and detailed how the conduct of the authorities who are tasked with the duty to protect disabled persons as vulnerable and marginalised members of society further exacerbated the destitute state of Gerber’s life.
Legal Aid argued due to lax and trivial actions taken by the Western Cape DSD over a two-year period, Gerber was turned away from a facility he was approved to be placed at by DSD.
Western Cape DSD spokesperson Monique Mortlock-Malgas said: “The DSD cannot provide comment on this matter while it is before court.”
mwangi.githahu@inl.co.za