A legal challenge is on the cards following a decision to make English the official language of record for courts. Chief Justice Mogoeng Mogoeng’s office confirmed the decision, which has already attracted criticism from AfriForum and the Pan South African Language Board, notes a Sunday Times report. AfriForum’s Alana Bailey said the pro-Afrikaans group was considering mounting a legal challenge, and Rakwena Monareng, CEO of the Language Board, said while the board would seek a discussion with the heads of courts, litigation could not be ruled out.

But constitutional law expert Professor Pierre de Vos said the resolution would not make any difference because in most courts the language was already English. Mogoeng’s spokesperson, Nathi Mncube, said: ‘In a heads of court meeting held in October 2014, it was resolved that the language of record should be English. This resolution/position was reaffirmed in the recent heads of court meeting held on 31 March 2017. This resolution was taken recognising that English has become the general language of usage nationally and internationally and to ensure effective communication. It is the expectation of the heads of court that all Judges President will implement the resolution.’

But Bailey said the move contravened the Justice Department’s language policy passed last year, which recognises three official languages nationally as well as the languages spoken regionally.

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The decision is aimed at streamlining practical aspects in court procedures. Mncube, who noted people will be able to testify in any language they choose, pointed out that English had been used for many years in KZN where most people using the courts are Zulu speakers. According to a Beeld report, Mncube noted the decision will help to reduce translation costs of Afrikaans court records in the case of appeals or where case law is recorded. Mncube says the Constitutional Court’s records have been in English for many years without any problems.

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