Definitions Of Disability And The 2011 Census

When undertaking pro bono work, attorneys have to establish whether or not applicants for legal aid have disabilities. The question appears on Law Societies' Pro Bono Scheme application forms (for statistical purposes) and requires practitioners to ask, often in a language which is not the applicant's first language, if he or she experiences challenges with vision, hearing or mobility, accompanied with the appropriate supportive communication (e.g. gestures, facial expression or written language).

While the South African legal context provides constitutional protection from discrimination for persons with disabilities in the form of the Bill of Rights and the Promotion of Equality and Prohibition of Unfair Discrimination Act No. 4 of 2000, the term "disability" is not specifically defined in either.