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ConCourt rejects UFS appeal over language policy </h1>
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<span class="gmail-byline"> By <span class="gmail-author gmail-vcard"><a class="gmail-url gmail-fn gmail-n" href="https://www.destinyman.com/author/dm-reporter/" title="View all posts by DESTINY Man Reporter" rel="author">DESTINY Man Reporter</a></span></span> <a href="https://www.destinyman.com/2016/09/29/concourt-rejects-ufs-appeal-language-policy/" title="7:31 am" rel="bookmark"><time class="entry-date" datetime="2016-09-29T07:31:50+00:00">September 29, 2016</time></a> </div>
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The Constitutional Court has rejected an appeal by the University
of the Free State (UFS) against a High Court ruling halting
implementation of its proposed language policy </p>
<p>“The Constitutional Court has considered this application for
leave to appeal. It has concluded that the application should be
dismissed, as it not in the interest of justice to hear it at this
stage,” it said in its judgment dated 21 September.</p>
<p>The UFS would now approach the Supreme Court of Appeal.</p>
<p>Earlier this year, the university decided to make English the primary
medium of instruction from 2017, while providing sufficient scope for
multilingualism.</p>
<p>The university’s council said English would be the primary medium of
instruction at undergraduate and postgraduate level on the three
campuses in Bloemfontein and QwaQwa.</p>
<p>Multilingualism would be supported by an expanded tutorial system
designed for first-year students. In professional programmes,
parallel-medium teaching in English, Afrikaans, Sesotho and isiZulu
would continue.</p>
<p>These included teacher education and the training of theology
students who wished to enter the ministry in traditional
Afrikaans-speaking churches, where there was a clear market need.</p>
<h3>READ MORE: <a href="http://www.destinyman.com/2016/09/21/university-free-state-nelson-mandela-metropolitan-university-suspend-classes/">UFS, NMMU suspends classes</a></h3>
<p>However, in July, the High Court in Bloemfontein ruled in favour of
civil rights group AfriForum’s bid to stop the university from
implementing this policy.</p>
<p><strong>“Afrikaans must not inevitably be replaced”</strong></p>
<p>At the time, Judge Fouche Jordaan said: “The fact that English has
been introduced at the UFS, which was a historical Afrikaans university,
as a language of instruction, does not mean that Afrikaans must
inevitably be replaced by English as the dominant language of
instruction.”</p>
<p>Jordaan said the UFS council had not considered constitutional issues involved.</p>
<p>While Afrikaans might be a barrier to black students, English was a
barrier to many coloured students who had been victims of past
discrimination. A move that decreased the Afrikaans offering would
negatively affect them, he said.</p>
<p>On 12 September, High Court Deputy Judge President Fikile Mokgohloa granted the university leave to appeal its July ruling.</p>
<p>“The judgment of this court delivered on 21 July remains in force and
is in operation pending the finalisation of the appeals,” said
Mokgohloa.</p>
<p>During arguments in the High Court, Jeremy Gauntlett SC, for the
university, told a full bench of judges that AfriForum had failed to
prove that UFS and most of its students would suffer irreparable harm
should the new language policy be implemented.</p>
<p>“The court was wrong in their decision. It was wrong when they said
there was no case of compulsory segregation. Another court would come to
a different conclusion.</p>
<h3>READ MORE: <a href="http://www.destinyman.com/2016/08/31/black-academic-exposes-ufs-double-standards-pay/">Exclusive: Black academic exposes UFS racial discrimination</a></h3>
<p>“There were persistent complaints from students about campus culture and that they do not feel welcome,” Gauntlett said.</p>
<p>However, Johan du Toit SC, for AfriForum, said justice should be done
for students who had already registered in their mother tongue.</p>
<p>AfriForum and trade union Solidarity on Wednesday welcomed the Constitutional Court’s decision.</p>
<p>Deputy Chief Executive Alana Bailey said their legal team was ready for UFS’s appeal to the Supreme Court of Appeal.</p>
<p>“Nonetheless, it is tragic that the UFS management is stubbornly
continuing with the case, despite the court’s clear ruling that the new
language policy was discriminating and would deter students from
applying to study at this institution.”</p>
<p>Solidarity and AfriForum appealed to prospective Afrikaans students
at the university to indicate in their applications that they wanted to
study in Afrikaans.</p>
<p><em>Source: News24 Wire</em></p>
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