Uber in hot water in South Africa

The South African Guide-Dogs Association for the Blind (SAGDA) is continuing its legal challenge against popular ride-hailing app Uber in the Equality Court of South Africa sitting in the Johannesburg High Court for alleged discrimination.

In its application filed on 16 April 2024, SAGDA alleged consistent, arbitrary, and unfair discrimination suffered by persons with disabilities at the hands of Uber drivers, which it claims is in contravention of the Constitution and the Promotion of Equality and Unfair Discrimination Act (PEPUDA), and an infringement of the Right to Equality and the Right to Human Dignity.

A common issue

Shepstone & Wylie Attorneys, the firm representing SAGDA in its case, said it has become commonplace for Uber drivers to refuse to pick up a rider if they realise the individual who requested the trip is visually impaired and accompanied by an assistance dog.

“Very often, these people are left helplessly stranded on the side of the road while the Uber driver charges them the cost of the trip, only for the next Uber driver to do the same thing,” said the firm.

“This type of discrimination not only violates Uber’s policies but also denies individuals with visual impairments their right to equal access to transportation services.”

The law firm argues that this goes against Section 9 of the Consitution of South Africa, which guarantees equality before the law and prohibits discrimination on various grounds, including disability, as well as the PEPUDA of 2000 which provides a comprehensive framework for combating discrimination and promoting equality in all spheres of society.

“Under these legal provisions, it is unequivocally clear that discriminating against persons with disabilities that use assistance dogs constitutes a violation of their rights in terms of the Constitution,” said Shepstone & Wylie.

“Assistance dogs are not merely pets; they are essential companions and aids for individuals with visual impairments, enabling them to navigate the world independently and safely. Denying access to individuals with assistance dogs not only infringes upon their right to equal treatment but also undermines their ability to participate fully in social and economic activities.”

The company has therefore requested the courts to order Uber to:

• Revise its Community Guidelines to set out the rights of persons with disabilities who are accompanied by assistance dogs
• Update its app to allow for better reporting of the discriminatory conduct of Uber drivers towards persons with disabilities
• Implement training for all Uber Drivers ensuring they understand their duty to prohibit and eliminate any forms of discrimination

“These are but a few measures SAGDA is requesting the Equality Court to order Uber to implement,” said Shepstone & Wylie.

On 14 June 2024, Uber South Africa filed its Answering Affidavit to SAGDA’s application, in which it contended that it is not the legal entity against whom SAGDA may obtain relief.

The company said that SAGDA should instead challenge Uber B.V – which is based in the Netherlands – as the owners of the Uber App and as a 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,” said Shepstone & Wylie.