AfriForum demands reinstatement of Afrikaans exams by Legal Practice Council

8 January 2024

In a letter to the Legal Practice Council (LPC), AfriForum demanded that the council’s Afrikaans admission examinations for attorneys should be reinstated. This is in response to this council’s notice to candidate attorneys that entrance examinations will henceforth be in English only.

According to Alana Bailey, AfriForum’s Head of Cultural Affairs, the RPR’s explanation that the abolition of Afrikaans exams is actually an improvement, would have been laughable, had it not been so perturbing. “The RPR claims that Afrikaans candidates are unfairly benefitting from being examined in their mother language, while the examinations cannot be taken in any other indigenous language. The solution is to extend language rights and make the examination material available in more languages. Instead, the RPR’s solution is to deprive even more people of their language rights. This is clearly an attack against Afrikaans and Afrikaans-speaking legal professionals, and not an attempt to protect or promote anyone’s rights.”

Bailey mentions that AfriForum conducted polls in the past which clearly proved that legal professionals and their clients require the use of their own languages. “Although the court record language is currently English only, attorneys provide extensive services to the public. Among other things, they draft contracts and wills, offer advice on diverse issues and proceed with litigation. In all of these cases, the clients have to understand the processes and content of the services fully. This is not possible to the same extent in a second or third language – use of the client’s mother language is essential. Misunderstandings due to translation errors can result in damages for the clients, malpractices, and travesties of justice. It is therefore essential that South African lawyers must not be proficient in English only. In the letter, AfriForum also asked which steps the LPC is taking to ensure that the exams will be available in more official languages in future.”

“The LPC as a legal body should have more insight into the rights of people and communities. This short-sighted and hostile decision of theirs is tragic and must be opposed. If the LPC does not respond positively to AfriForum’s letter, the latter will take the necessary steps to do so in collaboration with other interested parties,” Bailey concludes.

Issued by Alana Bailey, Head: Cultural Affairs, AfriForum, 8 January 2024