Paul Gerber, 50, who is paraplegic due to a spinal injury has taken the Western Cape Department of Social Development (DSD), the National Minister of Social Development, Minister in the Presidency and Sederville Tuis vir die Bejaardes to the Western Cape High Court.
Gerber who also suffers from several co-morbidities and obesity was not present in court, and was represented by his attorneys on record, Renaat Bodart and Thembalihle Sidaki.
Speaking to the Weekend Argus, provincial communications practitioner of Legal Aid Western Cape, Boitumelo Boshupeng, painted a grim picture of Gerber who had been left abandoned and in need of interim housing.
“The man was turned away from a facility he was approved to be placed at by the Western Cape DSD. For weeks after being turned away, the man was driven hundreds of kilometres between different facilities, even being placed at an unsuitable hospital Covid-19 quarantine facility,” she said.
The matter was heard by Judge Kate Savage who agreed with Gerber’s lawyers, Thembalihle Sidaki that the matter was urgent, but referred the matter to the Judge President to be correctly positioned to be heard in January.
“We couldn’t find the Judge President for an early date in the new year for the application to be heard and we proceeded back to the court where Judge Savage heard further arguments and instructed the first respondent to push harder to make an interim arrangement for the destitute man.
“The parties have negotiated along, with the Judge, to have a court order in place stating that the Western Cape Department of Social Development should provide a report to the court, by no later than January 4, 2023, of the process made to provide Mr Gerber with suitable and appropriate accommodation, and the department must provide a report of progress in that regard every three weeks thereafter,” she said.
According to court documents seen by the Weekend Argus, the first respondent is the MEC for social development in the Western Cape. The matter before court dealt with two matters, interim relief – that the matter be heard with urgency and declaring the first/ second respondent (Minister of social development) have failed to take reasonable measures to make provisions for the needs of the applicant.
Bodart confirmed to the Weekend Argus that Gerber had approached their office, they then referred the matter to Legal Aid. Bodart was adamant that his client was not treated with dignity as a person living with disabilities.
“The president gave directives on how people living with disabilities should be treated. We base our response on those directives that have not been fulfilled on our client,” Bodart said.