<div dir="ltr"><h2 class="gmail-headline">SCA upholds UFS appeal on English-only language policy</h2>
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Ernest Mabuza | 28 March, 2017 14:56
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University of the Free State. File photo.
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The University of the Free State (UFS) acted lawfully when it
adopted a new language policy in March last year‚ the Supreme Court of
Appeal held on Tuesday.
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<p>The court upheld an appeal by the university against a ruling
of the full bench of the high court in Bloemfontein in July last year‚
which reviewed and set aside the decision by the university to adopt the
new policy as unlawful.</p><p>Trade union Solidarity and rights group Afriforum had reviewed the language policy in court.</p><ul><li> <strong><a href="http://www.timeslive.co.za/sundaytimes/opinion/2017/03/19/Universities-should-reflect-multilingual-South-Africa1" id="gmail-_610f6227-8b89-4b20-a61e-8482c1d7ad7c" target="_blank">Universities should reflect multilingual South Africa</a> </strong></li></ul><p>The policy replaced Afrikaans and English as parallel mediums of instruction with English as the primary medium.</p><p>The
university had approved the dual language policy in 2003‚ but its
rector at the time acknowledged the “unintended consequence” of the
parallel-medium policy segregating the lecturing rooms along racial
lines.</p><p>The university management accordingly sought and obtained a
mandate from its council to formulate a new language policy in June
2015. The task was undertaken by the language committee.</p><p>"There is
no dispute that the Committee executed its mandate diligently‚" Judge
of Appeal Azhar Cachalia said in a unanimous judgment‚ in which Judges
Kevin Swain‚ Rami Mathopo‚ Burton Fourie and Ashton Schippers concurred.</p><ul><li> <strong><a href="http://www.timeslive.co.za/thetimes/2017/03/16/The-Big-Read-The-bittereinders-of-taal" id="gmail-_5aafdb69-8365-4bcd-a606-92d47830d2cf" target="_blank">The Big Read: The 'bittereinders' of taal</a> </strong></li></ul><p>He
said the process spanned several months and involved thorough
investigation‚ vigorous debate and full deliberation. Linguistic experts
assisted the process.</p><p>"UFS was entitled to adopt a new policy
because it was no longer reasonably practicable to continue with the
2003 policy‚ which had the effect of segregating the student community
along racial lines‚" Cachalia said.</p><p>The court ordered Afriforum and the university to pay their own costs in the appeal.</p><p>However‚ this was not extended to Solidarity‚ which the court ordered to pay the costs of the appeal.</p><p>Cachalia
said the university did not dispute Afriforum’s standing‚ but the judge
had some doubts whether it had a legal interest in these proceedings.</p><p>Cachalia
said Solidarity was a trade union and its members did not have a right
to receive education in the language of their choice because only
students had that right.</p><p>"Solidarity has no standing and has no basis to avoid a costs order in its case‚" Cachalia said.</p><p><em>- TMG Digital</em></p><p><a href="http://www.timeslive.co.za/local/2017/03/28/SCA-upholds-UFS-appeal-on-English-only-language-policy1">http://www.timeslive.co.za/local/2017/03/28/SCA-upholds-UFS-appeal-on-English-only-language-policy1</a><br><em></em></p><br>-- <br><div class="gmail_signature">**************************************<br>N.b.: Listing on the lgpolicy-list is merely intended as a service to its members<br>and implies neither approval, confirmation nor agreement by the owner or sponsor of the list as to the veracity of a message's contents. Members who disagree with a message are encouraged to post a rebuttal, and to write directly to the original sender of any offensive message. A copy of this may be forwarded to this list as well. (H. Schiffman, Moderator)<br><br>For more information about the lgpolicy-list, go to <a href="https://groups.sas.upenn.edu/mailman/" target="_blank">https://groups.sas.upenn.edu/mailman/</a><br>listinfo/lgpolicy-list<br>*******************************************</div>
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