Blind SA, represented by Section27, is taking the Institute of Certified Bookkeepers (ICB), on an urgent basis, to the Equality Court (Western Cape) for unfairly discriminating against 50 blind and visually impaired students who are trying to complete the National Certificate in Small Business and Financial Management through the ICB.
This arises from the ICB’s refusal to adapt the online platform its students must use to complete assignments, tests and final examinations. Blind SA is also challenging ICB’s claim that the 50 students were never registered for the course.
The ICB is an external examination body that oversees various qualifications in financial accounting, business management and office administration on the National Qualifications Framework.
For the learners to be awarded the qualification, they must complete a Portfolio of Evidence (PoE) throughout the learning phase, which is made up of assignments and tests that are assessed by the ICB, and which must be submitted before a final examination.
These PoE’s and the final examination must be completed online through ICB’s digital platform called MACCI. To assist with this, each of the 50 students received a laptop with non-visual desktop access software, which converts text into speech and would allow the 50 students to navigate and use ICB’s MACCI platform.
In order to ensure that the 50 students were able to access the information on ICB’s online platform successfully, Blind SA said it repeatedly requested permission to test the non-visual desktop access software on the ICB’s platform.
However, ICB denied this access, and later ran its own accessibility audit. While it found that its platform was not accessible to the 50 students, it indicated that it was too expensive, too technical and too time consuming to fix immediately, and turned the students away to find a different solution.
ICB then also disputed the students’ registration.
These 50 students received learnerships to complete the course and must do so within one year. The students are required to complete the PoEs and exams within the coming months. Section27 said any delay in finalising the matter will prejudice the students’ chances to qualify within the coming months.
Further, the ICB are required to adapt their systems to include the non-visual desktop access to accommodate for blind and visually impaired students.
To address the prejudice, Blind SA launched this application under truncated timelines and asked for this application to be argued on September 30.
In its application, Blind SA seeks declaratory orders from the Equality Court, contending that the ICB’s refusal to amend and adapt its online platform, and its challenges raised in relation to the students’ registration, constitutes unfair discrimination, prohibited under the Equality Act.
In addition, by failing to take reasonable steps to accommodate the blind and visually impaired students, the ICB has violated their constitutional rights, including the right to education as protected by the Constitution, Section27 said.
The Constitution guarantees everyone the right to further education, which must be made progressively available and accessible by the state. The ICB are also required to adapt their systems to include the non-visual desktop access to accommodate the 50 students.
Blind SA is further asking for a mandatory order compelling the ICB to attend to the registration of the learners, as well as undertake a digital accessibility audit of its entire platform and all its policies and procedures to determine whether it reasonably accommodates the needs of persons who are blind and visually impaired.
Completing this course will significantly change the lives of the 50 students as qualifications in financial management are rare among persons who are blind or visually impaired, and will enhance their life opportunities, Section27 said.
“Access to education is a fundamental human right, and digital platforms must be designed to accommodate all users, regardless of their disabilities. This case will underscore the obligation to ensure digital accessibility and equality in education, setting an important precedent for the rights of disabled persons in South Africa,” it said.
Pretoria News