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FWDK Official Language Use in Sa Courts Constitutional Rights Versus The Personal Preference of The Presiding Officer
FWDK Official Language Use in Sa Courts Constitutional Rights Versus The Personal Preference of The Presiding Officer
OFFICIAL
LANGUAGE
USE
IN
SOUTH
AFRICAN
COURTS:
CONSTITUTIONAL
RIGHTS
VERSUS
THE
PERSONAL
PREFERENCE
OF
THE
PRESIDING
OFFICER
The
FW
de
Klerk
Foundation
notes
with
concern
that
judge
Cynthia
Pretorius
-‐
an
unsuccessful
candidate
for
the
post
of
Deputy
Judge
President
of
the
North
Gauteng
High
Court
-‐
has
told
the
Judicial
Service
Commission
that
Afrikaans
should
be
dropped
as
a
language
of
record
in
the
courts.
Pretorius
said
that
English
should
be
the
only
language
used
by
lawyers
in
court.
She
told
the
commission
-‐
which
recommends
judicial
appointments
to
President
Jacob
Zuma
-‐
that
Afrikaans
should
not
be
given
special
treatment
in
the
courts
and
should
be
abandoned
as
a
language
in
which
to
present
oral
argument.
Her
view
was
reportedly
shared
by
the
two
other
judges
contesting
the
same
position.
Pretorius
argued
that
Afrikaans
should
be
dropped
in
favour
of
English
because
the
latter
was
the
second
language
of
most
judicial
officers
and
other
legal
practitioners.
The
founding
provisions
of
the
Constitution
are
clear
on
the
use
of
South
Africa’s
11
official
languages
-‐
including
Afrikaans.
The
judiciary
-‐
in
dispensing
justice
as
a
branch
of
government
-‐
is
bound
by
section
6(3)
of
the
Constitution
which
unequivocally
states
that
"national
and
provincial
government
may
use
any
particular
official
languages
for
the
purpose
of
government,
taking
into
account
usage,
practicality,
expense,
regional
circumstances
and
the
balance
of
the
needs
and
preferences
of
the
population
as
a
whole
or
in
the
province
concerned".
However,
there
is
a
peremptory
requirement
that
"the
national
government
and
each
provincial
government
must
use
at
least
two
official
languages."
Although
the
use
of
a
single
language
might
facilitate
court
proceedings
for
some,
it
would
accordingly
be
unconstitutional.
It
would
further
erode
the
constitutionally
mandated
multilingual
and
multicultural
character
of
South
Africa
and
the
constitutional
requirement
that
all
official
languages
must
enjoy
parity
of
esteem.
The
use
of
our
official
languages
should
not
be
determined
by
administrative
convenience
-‐
but
by
the
fact
that
constitutional
recognition
of
the
languages
and
cultures
of
our
citizens
is
deeply
interwoven
with
their
sense
of
their
self-‐worth
and
human
dignity.
Judge
Pretorius
is
correct
that
Afrikaans
should
not
enjoy
a
more
privileged
status
than
any
of
the
other
official
languages.
However,
the
solution
should
not
be
to
excise
Afrikaans
but
to
implement
the
requirement
in
section
6(2)
of
the
Constitution,
which
directs
the
state
to
"take
practical
and
positive
measures
to
elevate
the
status
and
advance
the
use
of
the
indigenous
languages
of
South
Africa".
Rather
than
breaking
down
the
equitable
treatment
and
parity
of
esteem
of
English
and
Afrikaans
as
languages
of
record
in
our
courts,
more
ought
to
be
done
to
promote
the
use
of
all
our
official
languages
in
the
courts.
English
-‐
unlike
Afrikaans
and
the
other
listed
official
languages
-‐
is
not
a
language
indigenous
to
South
Africa.
To
elevate
it
as
the
sole
language
of
practice
and
record
in
the
courts
would
be
irreconcilable
with
the
Constitution.
It
would
not
advance
a
multilingual
and
multicultural