[lg policy] South Africa: ConCourt rejects UFS appeal over language policy

[Harold Schiffman]

 ConCourt rejects UFS appeal over language policy 2016-09-28 20:19

Jeanette Chabalala, News24
[image: The University of the Freestate (Andre Damons, Netwerk24)]

The University of the Freestate (Andre Damons, Netwerk24)

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Bloemfontein – The Constitutional Court has rejected an appeal by the
University of the Free State against a High Court ruling halting
implementation of its proposed language policy.

"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 September 21.

The UFS would now approach the Supreme Court of Appeal.

Earlier this year, the university decided to make English the primary
medium of instruction from 2017, while providing sufficient scope for
multilingualism.

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.

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.

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.

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.

*‘Afrikaans must not inevitably be replaced’*

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."

Jordaan said the UFS council had not considered constitutional issues
involved.

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.

On September 12, High Court Deputy Judge President Fikile Mokgohloa granted
the university leave to appeal its July ruling.

"The judgment of this court delivered on [July 21] remains in force and is
in operation pending the finalisation of the appeals," said Mokgohloa.

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.

"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.

*Students don't feel welcome*

"There were persistent complaints from students about campus culture and
that they do not feel welcome," Gauntlett said.

However, Johan du Toit SC, for AfriForum, said justice should be done for
students who had already registered in their mother tongue.

AfriForum and trade union Solidarity on Wednesday welcomed the
Constitutional Court’s decision.

Deputy chief executive Alana Bailey said their legal team was ready for
UFS’s appeal to the Supreme Court of Appeal.

“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."

Solidarity and AfriForum appealed to prospective Afrikaans students at
the university to indicate in their applications that they wanted to study
in Afrikaans.

http://www.news24.com/SouthAfrica/News/concourt-rejects-ufs-appeal-over-language-policy-20160928


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