
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)).