South Africa does not yet have overarching disability-explicit, rights-based legislation, such as an Act. Instead, we have a variety of laws, beginning with the Constitution, that refer to or mention disability in one form or another.
One of the only explicit disability-related legal entities that we acknowledge, is the UN Convention on the Rights of Persons with Disabilities, ratified in 2007. On the other hand, there are several Codes, Policies and White papers that are dedicated to disability rights. However, it must be remembered that Codes and White Papers are not enforceable but are intended to inform and guide.
Apart from the Constitution, the two laws that most practically support disability rights are the Employment Equity Act and the Promotion of Equality and Prevention of Unfair Discrimination Act (also known as PEPUDA).
South African Constitution (Act 108 of 1996)
Employment Equity (Act 55 of 1998)
- Code of Good Practice on Employment of People with Disabilities (Notice 1085 of 2015)
- Technical Assistance Guidelines on the Employment of People with Disabilities (TAG)
- Employment Equity Amendment Act (No 47 of 2013)
- Employment Equity Amendment Bill (Bill 14B of 2020)
Promotion of Equality and Prevention of Unfair Discrimination (Act 4 of 2000)
Skills Development (Act 97 of 1988)
Occupational Health and Safety (Act 85 of 1993)
South African Building Regulations (SANS 10400 Part S)
White Paper on the Rights of Persons with Disabilities (WPRPD) 2015
UN Convention on the Rights of Persons with Disabilities (Signed by SA 2007)