AfriForum: Afrikaans essential as requirement in appointing candidate attorneys
15 July 2020
The civil rights organisation AfriForum is of the opinion that Afrikaans remains an essential requirement in the appointing of candidate attorneys. The organisation is reacting to a statement by the Legal Practice Council (LPC) and the Black Lawyers Association (BLA) condemning the requirement of Afrikaans in advertisements for candidate attorneys. According to an article in The Star yesterday (14 July 2020), the LPC and BLA argue that English should be the only requirement.
According to Alana Bailey, Head of Cultural Affairs at AfriForum, 13,5% of the country’s population is Afrikaans-speaking, according to the 2011 census. It ensures sufficient work for Afrikaans-speaking legal practitioners.
Legislation like the Consumer Protection Act 68 of 2008 requires for example that contracts must be drawn up in a language that is completely intelligible for the signatory. Candidate attorneys with no experience in languages other than English will not be able to meet this requirement. Many legal practices have mainly Afrikaans clientele who need documents such as business contracts, agreements, marriage contracts, last wills and estate planning. These documents must be discussed and delivered in Afrikaans.
AfriForum is of the opinion that Chief Justice MogoengMogoeng did not have the constitutional or legal authority to unilaterally announced that English would be the only language of court records. Complaints against this unilateral announcement are considered locally as well as internationally.