AfriForum provides legal assistance to home for the disabled and puts Department of Social Development on Notice

The civil rights organisation AfriForum is providing legal assistance to Sunfield Home Fortuna, a home for the physically and mentally disabled, seeing as the government has refused to raise the subsidy amount for the past 14 years. The Department of Social Development is now threatening to relocate all state subsidised residents. AfriForum has today sent a lawyer’s letter to this department regarding the decision to relocate the residence.

For the past 14 years, the quarterly subsidy amount received by Sunfield Home has remained unchanged at R1 984 per resident per month. This amounts to a monthly shortfall of R6 852, 03 per resident in their 2022/23 budget. Even though the home has written to the department to bring the issue to their attention, to date, they have not received a formal response, despite numerous requests.

In August 2022 the home was contacted by, Zandile Mabena, from the department’s Dipaleseng office, who informed them that the department would visit the home to peruse their state resident’s files, seeing as they are going to be placed in other homes. The department subsequently visited them on 16 August 2022 for this purpose. They were informed that the department has given instruction that the residents must be relocated to other homes, returned to family members or be placed back into society by the end of September 2022.

According to AfriForum’s legal team, the department’s decision to refuse to increase the subsidies of state residents and rather relocate them to other homes, their families or back into society is unconstitutional, unreasonable, unjustifiable, and irrational. It appears this decision by the department was taken with an ulterior purpose, since as at least two homes within a 50 km radius of Sunfield Home receive double the subsidy amount from the department.

“The decision by the department does not serve the best interests of the residents and infringes on their right to human dignity. Some of the residents have resided here for over 30 years and know no other home. Their sudden relocation would therefore be extremely traumatic and negatively affect their physical and psychological well-being,” says Ernst van Zyl, Campaign Officer for Strategy and Content at AfriForum.

“It is shocking to see how callously the government deals with the lives of the vulnerable, but the sad fact is that this cold shoulder from the government is what most South Africans have had to become accustomed to. AfriForum is trying to prevent another Life Esidimeni tragedy at the hands of government” Van Zyl concludes.

AfriForum, on behalf of Sunfield Home, requested the department to:

1. Reconsider and review their decision.

2. Increase Sunfield Home’s subsidies appropriately.

If the department fails to respond to the letter from AfriForum’s legal team and does not review their irrational decision by 31 August 2022, AfriForum will approach the High Court for appropriate relief, including a punitive cost order against the department.