ARTICLE: GOOD NEWS AND BAD NEWS FOR AFRIKAANS EDUCATION IN UFS RULING

The dust has not yet settled over the Constitutional Court (CC) judgment in the University of the Free State (UFS) language policy case. What is the impact of this ruling on the future of Afrikaans as language of instruction, and by implication, the future of other indigenous languages in education? Are we destined for a completely English education system, with mother tongue education tossed into the trashcan of history?
Of course, one should not be alarmist or get discouraged. The CC verdict is, with respect, regrettable and could be challenged on many levels. However, there are some technical issues that could limit the impact thereof in future cases. One of these are the special circumstances at the UFS, for example, the size of the Afrikaans and English classes, which according to the UFS (and CC) would lead to unequal quality of education and would therefore be discriminatory and racist. Another set of facts could provide a different outcome.


Just before the end of 2017, and while South Africa almost came to a halt during the Christmas holidays, an extremely important ruling almost passed unnoticed. Chief Justice Mogoeng delivered the majority ruling in Afriforum’s leave to appeal in the case on the University of the Free State’s language policy. He did so without having heard any oral arguments and dealt simply with the documents before the court. He and seven (black South African) judges denied the leave to appeal, and Judge Froneman and two other (white South African) judges differed in a minority ruling.
