Paralympian wins case against South African winery

A paralympian swimmer has won a three-year discrimination case against South Africa’s Durbanville Hills wine estate, after it refused him entry to its restaurant in 2014 because he had a guide dog with him.

Credit: Hendri Herbst, Facebook

As reported by Times Live, the winery has agreed to issue a formal apology to Hendri Herbst, donate R50 000 (£2,600) to the South African Guide-Dogs Association, and R50 000 (£2,600) compensation to Herbst himself, admitting that its behaviour amounted to discrimination.

In a statement published to its Facebook page, the winery said: “Durbanville Hills is committed to ensuring that all persons, including blind person with guide dogs, are welcoming at its tasting and restaurant facilities. It is the policy of Durbanville Hills that blind persons and their guide dogs are welcome to visit any part of the public areas of the cellar, the tasting room and restaurant. Durbanville Hills unconditionally apologises for the experience of Mr Herbst and his family on 30 December 2014 at its tasting and restaurant facilities.

“Durbanville Hills’ conduct was discriminatory towards Mr Herbst and, amongst other things, we have taken steps to ensure that all staff employed by Durbanville Hills will take part in sensitivity training from the Guide Dog Association of South Africa”, adding: “Durbanville Hills respects diversity and is committed to treating everyone in a way that ensures that every person’s human rights are respected.”

The athlete, who competed for South Africa in the 2012 and 2016 Paralympics, said that for him the case was never about money, but raising awareness of the rights of the disabled and their guide dogs.

Dr Theo Broodryk, head of the Law Clinic at Stellenbosch University, which initiated proceedings in the Equality Court on behalf of Herbst, said: “The outcome of legal proceedings in which a settlement has been reached between the South African Paralympic athlete, Hendri Herbst and a well-known Cape winery, is not only a victory for visually impaired people, but will assist greatly in creating awareness of the right of the disabled not to be discriminated against.”

He added: “The steps taken by Durbanville Hills are welcomed and will assist in raising awareness of the right of disabled individuals not to be discriminated against. The outcome of this matter should however also send a stern warning that discriminatory conduct towards vulnerable individuals such as Herbst will not be tolerated”.