Recognition of Language Rights in South Africa: Innovation or Dismal Failure?
Recognition of Language Rights in South Africa: Innovation or Dismal Failure?

Summary/Abstract: One of the main goals of the Constitution of the Republic of South Africa, 1996 is to bring abouttransformation within South African society. The new Constitution recognised no less thaneleven languages as official languages, including various previously neglected indigenous languages.Where only two languages were previously recognised as official languages under theapartheid regime, this was replaced with a range of languages. However, South African governmentbodies do not always follow the Constitution’s language obligations; public highereducation institutions have nearly all eliminated tuition in languages other than English; andlegislation is rarely (if ever) issued in other official languages. The present paper shows how therecognition and use of languages in South Africa differs significantly in theory and in practice.The paper highlights this disparity by first laying out South Africa’s constitutional and legislativeframework for official language recognition and use with regard to two issues, namely translationof legislation and the use of languages in higher education. Second, the paper looks at variousrulings from South African courts that shows how official languages are used in practice andhow language issues have been resolved by the courts. Third, the paper concludes that, ratherthan becoming a beacon of innovation, the South African Constitution’s language provisionshave become a terrible failure. Finally, the paper offers several suggestions for dealing with thissad predicament.

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