[lg policy] South Africa: Stellenbosch University’s multiple purposes best served by 2016 Language Policy

[Harold Schiffman]

 Stellenbosch University’s multiple purposes best served by 2016 Language
Policy
<https://yiba.co.za/stellenbosch-universitys-multiple-purposes-best-served-2016-language-policy/>

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“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.”

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.

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.
Court dismisses main application

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.

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.

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.
Language Policy is compliant with Constitution and Language Policy for
Higher Education

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.


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 Harold F. Schiffman

Professor Emeritus of
 Dravidian Linguistics and Culture
Dept. of South Asia Studies
University of Pennsylvania
Philadelphia, PA 19104-6305

Phone:  (215) 898-7475
Fax:  (215) 573-2138

Email:  haroldfs at gmail.com
http://ccat.sas.upenn.edu/~haroldfs/

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