Times Of Swaziland: EARING IMPAIRED WOMAN DENIED  LICENCE, TURNS  TO LAWYERS

EARING IMPAIRED WOMAN DENIED  LICENCE, TURNS  TO LAWYERS
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Nonduduzo Kunene on 10/05/2024 10:55:00


MBABANE – A woman who has been denied a learner’s licence because she has a
hearing impairment will not take the rejection lying down.
Sanelisiwe Magongo went through all the stages of obtaining a driver’s
licence. However, when she had to go through the testing stage, she was told
that she could not get the learner’s licence. In a letter that is addressed to
the Department of Motor Registry, through MTM Ndlovu Attorneys, Magongo is
demanding that the matter be addressed within seven days.
The Commission on Human Rights and Public Administration/Integrity was also made
aware of the matter, as similar concerns were raised by her lawyer. According to
a correspondence dated April 30, 2024 and received between May 3 and 4, 2024 by
the government departments, Magongo, who has had a hearing impairment since
birth, enrolled in a driving school and completed the course.
Test
She sought to be issued with a learner’s licence as per procedure. She stated
that she approached the Weigh Bridge in Matsapha on April 10, 2024.
“Disturbing as this is, she instructs that, at the Weigh Bridge, she was
directed to conduct a test on her hearing, which she advised, she duly complied
with what seemed as clear as a day,” reads the correspondence.
Upon her return on April 17, 2024, she was told point blank that she would not
be issued with the learner’s licence due to her hearing impairment.
Her attorney, through the correspondence, pointed out that the denial to issue
Magongo the driver’s licence was in total violation of her right as enshrined
in the Constitution of Eswatini, that of protection against discrimination.
It was also pointed out that the same was against the provisions of the Road
Traffic Act of 2007, particularly Section 27(1) (h), which specifically states
that deafness shall not, of itself, be deemed to be a ground for
disqualification for the granting of a learner’s licence. “We are,
therefore, instructed to demand, as we hereby do, that you do issue to our
client, the said learners within seven days of receipt of this correspondence.
Be advised that we hold strict instructions to institute legal proceedings
against you in lieu of compliance,” further reads the correspondence.
Violation
Magongo has sought legal services and reported her plight to the Commission on
Human Rights and Public Administration/Integrity.  Different organisations also
pointed out that the act of denying Magongo the learner’s licence was in
violation of the country’s Constitution and was discriminatory to people with
disabilities. They mentioned that the Road Traffic Act was in favour of people
with hearing impairment being issued driver’s licences.The Federation
Organisation of the Disabled in Swaziland (FODSWA) President, Bongani Makama,
said to deny Magongo the driver’s licence was discriminatory and an
infringement of her rights.
Failed
Makama said there were many people with hearing impairment who were issued
driver’s licences. He said FODSWA failed to understand how different was
Magongo’s case that she was denied a driver’s licence. “We have deaf
people who are driving in the country, regardless of their level of hearing.
When you drive, there is no need for ears; you need eyes to look at mirrors and
see the road. Surely, she is being denied for something else, not her
disability,” he said.
The president mentioned that the Act granted people with a hearing impairment
the liberty to drive, therefore, it was foul for a government department to go
against the law and the Constitution of the country. He said it would be
acceptable if Magongo had issues with her sight, but also stated that even
people who were partially sighted were allowed to drive. “As a movement, we
condemn this, especially if it is done by an institution that we believe should
understand and be accommodative to disabilities. If hearing was so much of a
requirement when driving, people would not be driving with their headsets or
blasting music,” he said.