Cape Town - A quadriplegic man’s plight to find appropriate and suitable accommodation was successful in the Western Cape High Court last week when the Western Cape Department of Social Development (DSD) was ordered to provide him with accommodation by January 4.
Paul Gerber, who also suffers from several comorbidities, hauled the DSD, the National Minister of Social Development, minister in the Presidency, and Sederville Tuis vir die Bejaardes to court after he was allegedly left in precarious and potentially life-threatening circumstances.
According to Legal Aid, who is assisting Gerber in the matter, he was 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 spokesperson Boitumelo Boshupeng confirmed on Thursday last week that the parties had negotiated along with Judge Kate Savage, to have a court order in place for his suitable accommodation.
“(The parties argued that an order be put in place stating that) DSD should provide a report to the court, by no later than January 4 2023, of the process made to provide Gerber with suitable and appropriate accommodation, and the department must provide a report of progress in that regard every three weeks thereafter,” said Boshupeng.
Gerber’s Legal Aid team argued that the respondents failed to take reasonable measures to make provision for Gerber’s needs and that they were in breach of Gerber’s Constitutional rights to human dignity, equality, social security and adequate housing.
Gerber stated that he is a disabled man who requires assistance with daily living, and ordinary daily tasks.
Gerber - who until recently, following a divorce, lived in a car outside his ex-wife’s home - said his application to court flowed from a failure by the respondents in the matter to provide him with the accommodation he needs in light of his “ongoing, precarious and potentially life-threatening circumstances” and further said he receives no further assistance from DSD other than receiving his insulin treatment.
According to court papers, in 2012 Gerber fell victim to a serious assault that resulted in severe spinal and other bodily injuries.
“This led to loss of employment and eventually losing the family home. Consequently, I am unable to support my family on my disability grant ...
“My physical situation means that I have difficulty drawing my own SASSA grant and therefore become reliant on others for help. I also rely on the help of others with daily activities as a result I have fallen victim to crime and abuse on multiple occasions including...theft of my grant and where my wheelchair was stolen,” Gerber submitted.
Since 2021, after being offered an open plot in Kalbaskraal, Gerber said he has been living in a shack and does not have a toilet or running water, having to use a bucket to relieve himself.
During September 2021, Gerber said he was to be accommodated at Sederville but upon arrival with patient transport, following a 200km journey, was shown away when he was told there were no beds to accommodate him.
The provincial DSD said: "The Department of Social Development is applying on Mr Gerber’s behalf at NPO residential facilities to establish if there is accommodation available. The DSD does not have residential facilities of its own to accommodate Mr Gerber."
Cape Times