CHRISTO VAN DER RHEEDE'S CULTURAL, RELIGIOUS AND LINGUISTIC RIGHTS REPORT CARD LAUNCH WELCOME ADDRESS
Thank you, Daniela. As Daniela mentioned, my name is Christo van der Rheede, and I am the Executive Director of the FW de Klerk Foundation. You can download the full report by scanning the QR code on the back of the printout you would have found on your seat.
Today’s program will include this welcome address, followed by presenting two in-depth analyses of the team’s findings, first with regard to language rights and then with regard to religious and cultural rights, followed by closing remarks from myself as the Foundation’s Executive Director and a question-and-answer session in which we encourage you to participate. The program will conclude at 12:30, after which drinks and refreshments will be served.
Esteemed guests, dignitaries, board members, members of the media and those joining us online, South Africa’s primary strength is not our vast mineral wealth, but our vast wealth in terms of the diversity of our people. Our differences are not a weakness, but rather what enables South Africans’ vast resourcefulness and talent that has allowed us to persevere and overcome might challenges that the rest of the world thought was hopeless. In the now famous words of Dricus du Plessis, “Hulle weet nie wat on sweet nie”. The cultural, religious and linguistic rights – both of individuals and communities – covered by the Constitutional Rights Programme’s team in this report card are an integral part of that vast resourcefulness and talent.
As per the Constitutional Court, protecting diversity is one of the key characteristics of a free and open society and it is vital to note that the Constitution celebrates diversity as one of South Africa’s core assets, it does not merely tolerate it.
The cultural, religious and linguistic rights it guarantees to communities allows them to live their culture, speak their language, and practise their faith. Two key guardians are created to safeguard these rights: The Pan South African Language Board (or “PanSALB”) to promote the use of official languages. And the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (or “CRL Rights Commission”) to promote respect for the rights of cultural, religious and linguistic communities. The effectiveness of these institutions is the decisive factor in whether the CRL Rights translate into lived reality.
Rights Considered
In this report the following cultural, religious and linguistic rights were assessed:
When it comes to language rights:
- Section 6 (1) – Official Languages
- Section 6 (2) – Development of Indigenous Languages
- Section 6 (3)– Use of Official Languages by the State (i.e. Local, National and Provincial Governments)
- Section 6 (4) – Regulation of Official Languages and Parity of Esteem
- Section 6 (5) – The Pan-South African Language Board
- Section 29 (2) – Education in the Official Language of Choice
Regarding Religious Freedom:
- Section 15 – Freedom of Conscience, Religion, Thought, Belief and Opinion
And lastly, when considering Culture, the team examined:
- Section 18 – Freedom of Association
- Section 30 – The Right to Use the Language and Participate in the Culture of Choice
- Section 31 – The Rights of Cultural, Religious and Linguistic Communities
- Section 185 – Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities
Grading
The CRL Report Card grades rights on a basis of A = excellent; B = good; C = moderate; D = poor; and E = very bad. The allocation of an “=” sign indicates no change in the right, a “+” sign denotes an expected improvement and a “–” sign indicates a regression in the enjoyment of the right.
The grade allocation for each right is determined by examining the grade it received in the previous year and assessing the impact of the developments between September 2024 and September 2025 on that right. For example, if the right to freedom of association was graded as a B- in 2024 (i.e. good, but showing signs of regression) and developments between September 2024 and September 2025 indicated a decline in the enjoyment of that right, it would be downgraded to a C (i.e. moderate) for 2025. This approach helps to understand how various factors positively or negatively affect the realisation of rights.
I want to stress that these are not finite measures. The report card is but a tool to open discussions about the enjoyment of rights and freedoms. The rationale for the grade each right or freedom received is explained at the bottom of the section covering each respective right or freedom.
Conclusion:
Thank you for your attentive consideration. I now hand over to the Constitutional Rights Programme’s intern, Lusanda Mahkuntsu, who will discuss the findings regarding language rights.