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<h1 id="gmail-intro"><a href="https://yiba.co.za/stellenbosch-universitys-multiple-purposes-best-served-2016-language-policy/" class="entry-title">Stellenbosch University’s multiple purposes best served by 2016 Language Policy</a></h1>
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<span class="gmail-updated">November 23, 2017</span>
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<p>“I conclude that
Stellenbosch University (SU) appears to have decided that its multiple
purposes of preventing exclusion, promoting multilingualism, ensuring
integration, and fostering Afrikaans are best served by the 2016
Language Policy it adopted. It clearly considered multiple factors and
weighed them all.”</p>
<p>This was the view expressed by the Western Cape Division of the High
Court of South Africa in the recent judgement (links to the sections of
the Court judgement below) handed down in the matter between Gelyke
Kanse and eight other applicants (including the President of the
Convocation of the University), and Stellenbosch University.</p>
<p>The applicants sought orders reviewing and setting aside the
decisions of SU’s Senate and Council taken on 9 and 22 June 2016
respectively, to adopt the 2016 Language Policy in terms of section 27
(2) of the Higher Education Act 101 of 1997, and the policy itself,
while directing SU to implement its previous Language Policy (adopted in
2014). The applicants contended that it was of vital importance that
the Afrikaans offering should not be reduced and that it should remain a
primary language of instruction at SU.</p>
<h4>Court dismisses main application</h4>
<p>The Court dismissed the applicants’ main application and application
for leave to admit a further affidavit, and to lead oral evidence
thereon, with costs. SU also successfully brought, with cost orders in
its favour, two striking out applications to strike out unnecessary,
irrelevant and hearsay evidence in the applicants’ founding affidavits
and replying affidavits. SU tendered to pay the costs occasioned by the
fact that SU delivered its answering papers out of time. The Court
ordered SU to pay these costs in accordance with the tender.</p>
<p>In short, the Court found that the 2016 Language Policy complies with
the Language Policy for Higher Education. In the words of Judge Daniel
Dlodlo, that the “applicants have not persuaded this Court that the SU
2016 Policy is in any way unconstitutional”, the Court also found in
favour of SU that the Policy is constitutionally compliant.</p>
<p>With regard to various allegations by the applicants that the
revision of the Language Policy in 2016, was tainted by, among others,
the pre-determining of the process and outcomes, bias, undue influence,
ulterior motives, failure to consider all information and succumbing to
political pressure and threats of violence, the Court found that there
was no evidence of improper conduct.</p>
<h4>Language Policy is compliant with Constitution and Language Policy for Higher Education</h4>
<p>The Court confirmed that the 2016 Language Policy expressively states
that its purpose is to “to give effect to section 29(2)” of the ²
Constitution in relation to language usage in SU’s academic,
administrative, professional and social contexts, as well as 29 (1)
related to access to higher education”. This would require an increase
in equitable access to SU for all students and staff, and pedagogically
sound teaching and learning. Since its campuses are in the Western Cape,
the institution is committed to multilingualism by using the province’s
three official languages, namely Afrikaans, English and isiXhosa.</p><br clear="all"><br>-- <br><div class="gmail_signature">=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+<br><br> Harold F. Schiffman<br><br>Professor Emeritus of <br> Dravidian Linguistics and Culture <br>Dept. of South Asia Studies <br>University of Pennsylvania<br>Philadelphia, PA 19104-6305<br><br>Phone: (215) 898-7475<br>Fax: (215) 573-2138 <br><br>Email: <a href="mailto:haroldfs@gmail.com" target="_blank">haroldfs@gmail.com</a><br><a href="http://ccat.sas.upenn.edu/~haroldfs/" target="_blank">http://ccat.sas.upenn.edu/~haroldfs/</a> <br><br>-------------------------------------------------</div>
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