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ARTICLE: RECONCILIATION – AND/OR – TRANSFORMATION?

Judge Jody Kollapen is one of eight candidates who are being interviewed this week by the Judicial Service Commission to fill two vacancies on the Constitutional Court. In the course of his interview he is reported to have said that “in the transition to democracy, South Africans had perhaps focused too much on reconciliation and not enough on transformation.” He added that “reconciliation could not be achieved without transformation – without all South Africans accessing the economy.”

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ARTICLE: Heritage Day – 24 September 2020: Uniting from a Distance

Heritage Day

This Heritage Day we are slowly emerging from the most immediate aftermath of Covid-19 and its devastating effect on our country, economy and people.

On this day -and in a country belonging to all its’ people – South Africans are encouraged to celebrate their culture, the diversity of their beliefs and traditions.

One of the most important aspects recognised in the Constitution of South Africa, is the importance of our collective heritage and the rich cultural, linguistic and historical landscape painting the canvas of our people’s diversity. The South African Constitution unambiguously speaks to this in its’ preamble: South Africa belongs to all who live in it – united in our diversity – in the wider context of a nation and country recognising the injustices of our past; honouring those who suffered for justice and freedom in our land as well as respecting those who have worked to build and develop our country.

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ARTICLE: PRESIDENT RAMAPHOSA’S DOUBLETHINK HERITAGE DAY STATEMENT

Heritage Day

In his dystopian novel “1984” George Orwell introduced us to the concept of “doublethink” – which he described as –

“…the power of holding two contradictory beliefs in one’s mind simultaneously, and accepting both of them… To tell deliberate lies while genuinely believing in them, to forget any fact that has become inconvenient, and then, when it becomes necessary again, to draw it back from oblivion for just as long as it is needed, to deny the existence of objective reality and all the while to take account of the reality which one denies – all this is indispensably necessary.”

We saw examples of doublethink in President Ramaphosa’s statement on Heritage Day last week.

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ARTICLE: AFRIFORUM v UNISA: THE RIGHT TO EDUCATION IN THE LANGUAGE OF CHOICE

Apartheid illustration

The Supreme Court of Appeal (SCA) recently handed down a well-reasoned judgment that underscores a critical number of core principles insofar as language rights and education are concerned in South Africa.
 
The South African Constitution is very clear on language rights in public educational institutions – including universities and schools. Section 29(2) provides that ‘Everyone has the right to receive education in the official language or languages of their choice in public educational institutions where that education is reasonably practicable. In order to ensure the effective access to, and implementation of, this right, the state must consider all reasonable educational alternatives, including single medium institutions, taking into account:
 
(a) equity;

(b) practicability; and

(c) the need to redress the results of past racially discriminatory laws and practices.’
 
The above is also reinforced by other provisions pertaining to language rights in the Bill of Rights, for example, the right to use the language of one’s choice (Section 30) and that persons belonging to a cultural, religious or linguistic community may not be denied the right, with other members of that community, to enjoy and use their language (Section 31(1)(a)).
 
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ARTICLE: DOES THE CONSTITUTIONAL COURT JUDGMENT SIGNAL THE END FOR AFRIKAANS IN PUBLIC SCHOOLS?

ConCourt interior

The dust has settled a bit regarding the Constitutional Court’s ruling in the Gelyke Kanse (GK) case on Stellenbosch University’s (SU) Language Policy (read the full analysis of the case here). The implications of this ruling are relevant for SU and the Potchefstroom Campus of the North-West University (NWU Potch); and perhaps most importantly of all, for Afrikaans as a language of instruction in public schools. 

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ARTICLE: THE CONSTITUTIONAL COURT AND GELYKE KANSE: WHAT HAPPENED?

foter sa flags celebrate

On October 10, 2019, the Constitutional Court ruled in the case in which Gelyke Kanse (GK) asked that the 2016 Language Policy of the University of Stellenbosch (SU) be set aside because it is unconstitutional. GK’s application was essentially an appeal against the Western Cape High Court’s earlier ruling, and a request to bypass the Supreme Court of Appeal (SCA) and approach the Constitutional Court directly. This was allowed.

The overall verdict – with which all 10 judges agreed – was written by Judge Edwin Cameron (who was recently appointed new Chancellor of the SU). There are also two additional rulings, one by Chief Justice Mogoeng Mogoeng and the other by Judge Johan Froneman, which provide additional perspectives.

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ARTICLE: PRESIDENT RAMAPHOSA’S SCORECARD – AGAIN …

foter sa flags celebrate

There are few issues that are discussed as often as the success (or not) of President Cyril Ramaphosa – even during Rugby World Cup time. Everyone (except the Zuptas and EFF) wants him to succeed and believes that he will succeed. But doubts erode this trust every time something negative happens in the country: whether it’s yet another SOE demanding a lifeline, or  the case of a student raped and murdered by a public servant. And the recurring refrain is that if Cyril does not succeed soon, there will be no economy or country left to save. William Saunderson-Meyer recently posed the question: can he be referred to as Cyril the Tiger, or is he merely Puss in Boots?

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SPEECH: HOW WILL DIFFERENT CULTURAL, RELIGIOUS AND LANGUAGE GROUPS COEXIST IN A RAPIDLY CHANGING WORLD?

It is a great pleasure for me to be able to address you today on a topic that is so relevant to so many of the developments that are shaping the world in the 21st century. 

People who imagine that ethnicity and religion are artificial hang-overs from a regrettable and unlamented past are deluding themselves.

They are still central to the lives of billions of people throughout the world.

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