The Free State High Court’s judgement in favour of AfriForum regarding the language policy of the University of the Free State (UFS) does not only have implications for tertiary education but for the entire education sector in South Africa. Earlier today (21 July 2016) the High Court ruled that the UFS’ decision to use English as the only language of instruction is unconstitutional.

“For years the Federation of Governing Bodies of South African Schools has been carrying the flag for multilingual education. FEDSAS’ influence is clear in the number of references that today’s judgement made to FEDSAS court cases, such as the well-known Ermelo judgement on Afrikaans in schools,” says Dr Jaco Deacon, Deputy CEO of FEDSAS. This organisation, together with the Afrikaanse Taalraad (Afrikaans language council) and the Suid-Afrikaanse Onderwysersunie (South African Teachers’ Union, or SAOU), were admitted as friends of the court in AfriForum’s application. Friends of the court are allowed to present additional information to the court.

“FEDSAS has proven legal knowledge and experience of the interpretation and application of the Constitution’s provision for multilingualism as it pertains to education. Today’s judgment reconfirms FEDSAS’ view that, where possible, mother-tongue education should be the preferred option,” says Deacon. 

Deacon explains that the judges in their judgement on the UFS’ language policy have pertinently referred to “reasonable practicability” as measure in decisions on language policy. This is combined with the redress of historic imbalances. “This judgement makes it clear that removing Afrikaans as language of instruction will not contribute to redress as especially black learners will still mostly receive education in a second language, English, whether at school or tertiary level,” says Deacon.

The judgment also confirms that universities, and by extension schools, are organs of the state because they exercise a public function. “This definitely does not mean that education departments and government officials have primary control of these institutions. Instead it refers to the fact that these institutions must firstly adhere to the stipulations of the Constitution,” explains Deacon.

FEDSAS welcomes the judgment as it clarifies the determination and application of language policy in education. “FEDSAS will continue to fight for quality education in all public schools. This includes all aspects that contribute to quality education, and of which mother-tongue education is a key element.”