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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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ARTICLE: CAN MOTHER TONGUE EDUCATION IN SOUTH AFRICAN SCHOOLS BECOME A REALITY?

ARMY opt

During her recent budget speech, the Minister of Basic Education, Angie Motshekga, referred to President Ramaphosa’s target in his State of the Nation address that every learner should be able to read with comprehension by the age of ten. She notes that the language issue is a key factor affecting reading ability and literacy, and then refers to the importance of African languages ​​as teaching and reading languages. However, the phrase “mother tongue education” was not mentioned in her speech.

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ARTICLE: DOES MR LESUFI DESERVE A PASS?

schoolkids sa foter

The Gauteng MEC for Education, Andrek Panyaza Lesufi, is an interesting man. A large part of the mainly black population think the world of him. He is a MEC who is “hands-on”, and is seen and heard wherever there is trouble in the Gauteng school system. He is regularly in the media and holds a press conference once a week – usually on a Sunday afternoon at his home. He was even mentioned as a possible successor to the current Basic Education Minister, Angie Motshekga. Another part of mostly the white (and Afrikaans) population is of the opinion that he is waging war on Afrikaans as a language of instruction in schools – and in addition to that, harbours anti-white sentiments.

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SPEECH: MULTICULTURALISM AND GLOBAL POLITICAL CHALLENGES

Your Royal Highnesses, Fellow Nobel Peace Laureates, Your Excellencies, ladies and gentlemen… One of the inescapable implications of globalisation is an enormous increase in the interaction between people from different backgrounds, cultures, languages and religions.  The management of the resulting cultural, language and religious diversity will be one of this century’s greatest challenges.

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