On 16 April 2024, the South African Guide-Dogs Association for the Blind (“SAGDA”), represented by Deirdre Venter and Sirhaan Ché Khan of Shepstone & Wylie Attorneys, launched an application in the Equality Court of South Africa sitting in the Johannesburg High Court. In its application, SAGDA highlighted the consistent, arbitrary and unfair discrimination suffered by persons with disabilities and has sought relief from the Equality Court to declare the denial of access and transportation by Uber and its drivers as unfair discrimination in contravention of the Constitution and the Promotion of Equality and Unfair Discrimination Act (“PEPUDA”) and furthermore an infringement of the Right to Equality and the Right to Human Dignity.

On 14 June 2024, Uber SA filed its Answering Affidavit to SAGDA’s application, in which it failed to take responsibility for the discrimination faced by the visually impaired community at the hands of Uber’s drivers. Uber SA contends that it is not the legal entity against whom SAGDA may obtain relief. Uber SA contends that SAGDA should seek relief against Uber B.V (based in the Netherlands) as the owners of the Uber App and as contracting party with the Uber drivers. Uber SA argues that SAGDA should seek redress from Uber B.V despite its own version that it provides support services to Uber B.V in order to ensure compliance with South Africa’s regulations, such regulations being the Constitution of the Republic of South Africa and PEPUDA.

SAGDA will be filing a reply to Uber SA’s answering affidavit in the coming days.