A Black Disabled Woman vs. CTICC: A Case That Exposes South Africa’s Broken Promises

By Zanele Mokoena

In a landmark case that cuts to the heart of South Africa's failure to protect its most vulnerable, former CTICC employee Makgosi Letimile is fighting for justice in the Labour Court. Her allegations of disability, race, and gender discrimination against one of Cape Town’s premier venues are not just a personal grievance — they are a damning indictment of a system that still treats Black disabled workers as expendable.

Letimile, a wheelchair user, was hired in August 2019 as part of a programme specifically targeting candidates with disabilities. She was promised training, support, and reasonable accommodation. Instead, she says she was met with broken promises, hostility, and ultimately, a retrenchment that stripped her of dignity and opportunity.

What Did Makgosi Letimile Allege Happened at the CTICC?

According to court papers, Letimile’s experience at the CTICC was a catalogue of failures. She was given equipment she could not use — a label cutter that required downward pressure from a standing position. She was forced to rely on colleagues or work after hours with scissors. A wheelchair-friendly cutter was eventually provided, but it disappeared and was never replaced.

Her requests for flexible hours were denied, even as able-bodied colleagues were allowed weekend shifts. Load shedding trapped her in her eighth-floor apartment because she depended on a lift. On one occasion, she was physically rescued from a lift, left distressed and in pain.

During the pandemic, the CTICC applied the same Covid-19 protocols to her as to other staff, ignoring her compromised organs and the heightened risks she faced. She was forced to attend in-person retrenchment meetings despite her health concerns.

How Was She Retrenched and Replaced?

The retrenchment process itself raises serious questions. Letimile’s position was not initially flagged as redundant. But when another employee’s role became redundant, that employee — an able-bodied man with only one month’s longer service — was allowed to “bump” into her job under the last-in, first-out (LIFO) principle.

Letimile argues that the CTICC never considered whether LIFO and bumping would disproportionately harm disabled employees, who often only enter the workplace through targeted programmes. She contends that applying LIFO without considering disability and employment equity perpetuates the historical exclusion of disabled Black people from employment.

“The selection process resulted in her being removed from a position that had specifically been identified as suitable for her and being replaced by an able-bodied employee,” her court papers state.

What Compensation Is She Seeking?

Letimile is seeking R500,000 in non-patrimonial damages for pain, suffering, humiliation, and trauma. She also wants 24 months’ remuneration for the alleged automatically unfair dismissal, plus compensation for lost training and career advancement. In a bold move, she is asking for R1 million in constitutional compensation for violations of her rights to dignity, bodily integrity, and freedom of association.

The CTICC, through spokesperson Olivia Bruce, said only that the matter is before the court and that it respects the judicial process.

Why Does This Case Matter for Black Disabled South Africans?

This case is not just about one woman. It is about a system that promises inclusion but delivers exclusion. It is about a country that celebrates diversity in theory but fails to accommodate it in practice. Letimile’s fight is a reminder that the legacy of apartheid — which systematically excluded Black people and disabled people from the workplace — is far from over.

If the Labour Court rules in her favour, it could set a powerful precedent. It could force employers to take their obligations seriously. It could send a message that the exploitation of Black disabled workers will no longer be tolerated.

If it does not, it will be another blow to the already fragile trust that marginalized communities have in South Africa’s justice system.

FAQ: What You Need to Know About the CTICC Case

What is the CTICC disability discrimination case about?

Former employee Makgosi Letimile, a Black disabled woman, alleges the CTICC discriminated against her on the grounds of disability, race, and gender. She claims she was denied reasonable accommodation, subjected to a hostile work environment, and unfairly retrenched in April 2021.

What is the LIFO principle and why is it controversial here?

LIFO stands for “last in, first out.” It is a common retrenchment rule. Letimile argues that applying it without considering disability and equity unfairly targets disabled employees who only recently gained access to the workplace through special programmes.

What does Makgosi Letimile want from the court?

She is seeking R500,000 in damages for pain and suffering, 24 months’ salary compensation, R1 million for constitutional rights violations, and legal costs.

When will the Labour Court rule on this case?

Legal arguments are ongoing. The CTICC has not commented beyond saying it respects the judicial process. A ruling is expected in the coming months.

Photo: IOL