Western Cape High Court order Department to place disabled man
Legal Aid South Africa (Legal Aid SA) is pleased to share the news that Mr Paul Gerber, a paraplegic person with severe disabilities, who suffers from morbid obesity and uncontrolled chronic diseases, has finally been placed in a suitable state facility which can offer him the 24-hour care his physical condition requires. Mr Gerber, originally from Kalbaskraal, Western Cape, arrived at Turfhall Cheshire Home in Cape Town on 6 May 2026.
He has been in a two and a half year-long battle with the Provincial and National Departments of Social Development, fighting for his constitutional right to be accommodated in a suitable state facility as he was living in a destitute and desperate situation and forced to care for himself.
Since October 2023, the Legal Aid SA Malmesbury Local Office has provided much needed legal assistance in this precedent-setting matter, which saw Mr Gerber needing to approach the Western Cape High Court to seek an order addressing the Western Cape Government and Minister of Social Development’s failure in their constitutional duty to provide him with social assistance in the form of suitable accommodation at a state institution.
In the latest order handed down on 13 February 2026, the departments were given several tasks to fulfil by the Honourable Ms J Nzimeni, some of which instructed the departments to find suitable accommodation for Mr Gerber and assist him with all relevant applications and processes for his accommodation.
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