Erosion of Language Rights: Afrikaans, Education, and the Battle for Inclusivity
23 January 2024
The recent decision by the Legal Practice Council (“LPC”) to conduct all exams for candidate attorneys and pupil advocates exclusively in English has sparked significant controversy and discontent among various stakeholders. This move, ostensibly aimed at achieving uniformity and addressing “perceived advantages” to Afrikaans-speaking candidates, raises profound constitutional concerns, particularly in the context of educational and language rights.
This decision, seen alongside the ongoing legislative developments encapsulated in the Basic Education Laws Amendment Bill (“BELA Bill”), becomes a critical aspect of the evolving language and education landscape in South Africa. The BELA Bill proposes substantial changes to the South African Schools Act (“SASA”) and the Educators Employment Act, aiming to transform the education sector. The correlation between the LPC's “English only” decision and the BELA Bill underscores the deepening challenges facing linguistic and cultural diversity in South Africa.
Section 29(2) of the Constitution guarantees the right to education in the official language of choice in public educational institutions. Section 6(2) imposes a duty on the State to take practical and positive measures to elevate the status and advance the use of indigenous languages. The removal of Afrikaans examinations at the LPC may be seen as a direct infringement on these rights, especially for those whose mother tongue is Afrikaans. As opposed to elevating the status and advancing indigenous languages, by offering exams in more official languages, the LPC’s decision clamps down on them.
The constitutional concerns are not confined to language and educational rights alone. The decision also invokes broader issues related to equality, as contemplated in section 9 of the Constitution. The perception that Afrikaans-speaking candidates have an unfair advantage, which ostensibly underpins the LPC's decision, raises questions about the principles of inclusivity and equal opportunity. It is evident that the LPC's decision may perpetuate inequality, as some candidates may face additional challenges due to the language medium.