South Africa: Language policy case appealed

[Harold Schiffman]

Language policy case appealed
ERNEST MABUZA

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Legal Affairs Correspondent

THE language policy of Hoërskool Ermelo was contrary to the
constitution, which provided that no person may unfairly discriminate
against anyone on the grounds of race, colour, culture, or language,
the Mpumalanga education department said in its application to the
Constitutional Court. The department applied last week for leave to
appeal against a Supreme Court of Appeal decision last month, which
ruled that the governing body had exclusive power to determine the
language policy of an existing school.

The appeal court ruling meant the school could return to being an
Afrikaans single-medium school, but that the children now being taught
in English were to remain at the school to be taught in English until
the end of their school days. In the application before the
Constitutional Court, Mpumalanga education head of department
Monwabisi Tywakadi said the essence of the school’s language policy
was indirectly to preserve the past racially discriminatory laws,
whereby the language of instruction excluded pupils whose mother
tongue was not Afrikaans.

He said the Schools Act also provided that no language policy may be
in conflict with the constitution. Tywakadi said it was in the
interests of justice to grant leave to appeal, in that the rights of
children who could not be accommodated elsewhere in Ermelo would be
prejudiced.




mabuzae at bdfm.co.za

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