While upholding a High Court decision that Stellenbosch University was correct in implementing its 2016 policy that gave preference to English over Afrikaans, the Constitutional Court also acknowledged that the reality was that indigenous languages, including Afrikaans, were being diminished.

‘This court finds that the university’s process in adopting the 2016 policy was thorough, exhaustive, inclusive and properly deliberative,’ the judgment said.

‘The university’s motivation for introducing the 2016 policy was to facilitate equitable access to its campus, teaching and learning opportunities by black students who are not conversant in Afrikaans.’

A Business Day report notes the court found the decision to alter the language policy was warranted and that retaining the previous Afrikaans policy was not reasonably practicable, as this resulted in ‘the exclusion of non-Afrikaans speakers from full participation in tuition and other institutional benefits’.

The court said evidence showed that, near universally, Afrikaans-speaking first-year entrants to the university were able to be taught in English, with only a small minority being the exception. The court also found that the previous policy was an exclusionary hurdle, specifically for black students studying at the university. 

‘The evidence also showed that separate classes in English and Afrikaans, or single classes conducted in Afrikaans – with translation from Afrikaans into English – made black students not conversant in Afrikaans feel marginalised, excluded and stigmatised.’

Full Business Day report

Gelyke Kanse v Stellenbosch University

However, the judges expressed three different opinions – one agreeing with the judgment and another saying that Afrikaans and English should be equal, notes an EWN report.

Judge Johan Froneman explains: ‘My concurrence draws out the implication of the entrenchment of English dominance as a medium of instruction for the diminished use and protection of minority, indigenous languages. It sounds the caution that we should not give up on the Constitution's dream of using our own languages in all spheres of life.’

In his closing remarks, Chief Justice Mogoeng Mogoeng appealed to the private sector to support efforts to preserve indigenous languages, including Afrikaans.

At the centre of the legal arguments was the cost of making English and Afrikaans equal as per Stellenbosch University’s 2014 language policy. The institution argued it would have to build infrastructure worth R640m and an additional R78m would be needed for translations.

Froneman said the court found in favour of the institution’s argument.

‘The exclusion of non-Afrikaans speakers from full participation in tuition and other institutional benefits was a legitimate basis for upgrading English while continuing to offer significant tuition in Afrikaans,’ he said.

The court said it was satisfied that the university would still offer Afrikaans.

Full EWN report