scholarly journals Dreams and Realities for South Africa: Use of Official Languages Act, 2012

2021 ◽  
Vol 9 (1) ◽  
pp. 1
Author(s):  
Aaron Mnguni
Keyword(s):  
South Africa ◽  
South African ◽  
Language Policies ◽  
African Languages ◽  
Implementation Challenges ◽  
The Status ◽  
Official Languages ◽  
The Republic ◽  
State Of Affairs ◽  
South African Constitution

Language policies are the cornerstone that establish and maintain communication amongst people. Proper communication, particularly amongst speakers of many languages in a country such as South Africa hinges heavily on perceptions regarding the status of the languages used in that specific country. According to the Republic of South African Constitution (Act 108 of 1996), South Africa has eleven official languages. Nine of these official languages (the indigenous African languages), are regarded as historically disadvantaged, while the remaining two, viz. English and Afrikaans enjoyed official recognition under the then ‘apartheid’ era that lasted until 1994. The previously disadvantaged African languages still lag in terms of development, when compared to English and to a lesser extent, Afrikaans. To address this challenge and reverse the status quo, several measures have been undertaken by government, including the passing of an Act called, Use of Official Languages Act, 2012. This Act aims at managing the use of the official languages optimally, with special emphasis on the previously marginalised languages. South Africa is known for developing good language policies but often criticised for producing such good policies for one good purpose only - to display them in office shelves. Following this state of affairs, this article therefore examines the implementation challenges regarding this Act and suggest what could be done to successfully implement it in South Africa. Second, the article also seeks to alleviate the perceived apathy in implementing language policies, particularly in South Africa, and with implications for Africa as a whole.

Language Policy Execution

2020 ◽  
pp. 579-614
Author(s):  
Paul Hendry Nkuna
Keyword(s):  
South Africa ◽  
Language Policy ◽  
South African ◽  
Indigenous Languages ◽  
Public Institution ◽  
Ministry Of Education ◽  
Language Policies ◽  
South African Universities ◽  
Official Languages ◽  
The Republic

South Africa is a multilingual country with 11 official languages. The Constitution of the Republic of South Africa, 1996, provides that every learner may use the official language of his or her choice in any public institution of the country. The Language Policy for Higher Education (Ministry of Education, 2002) requires all South African universities to develop and execute language policies. This chapter focuses on language policy execution by South African universities. The emphasis is on the execution of language policy in relation to the promotion and development of the nine official indigenous languages, namely isiNdebele, isiXhosa, isiZulu, Sepedi, Sesotho, Setswana, siSwati, Tshivenda and Xitsonga.

Language Policy Execution

2017 ◽  
pp. 220-255
Author(s):  
Paul Hendry Nkuna
Keyword(s):  
South Africa ◽  
Language Policy ◽  
South African ◽  
Indigenous Languages ◽  
Public Institution ◽  
Ministry Of Education ◽  
Language Policies ◽  
South African Universities ◽  
Official Languages ◽  
The Republic

South Africa is a multilingual country with 11 official languages. The Constitution of the Republic of South Africa, 1996, provides that every learner may use the official language of his or her choice in any public institution of the country. The Language Policy for Higher Education (Ministry of Education, 2002) requires all South African universities to develop and execute language policies. This chapter focuses on language policy execution by South African universities. The emphasis is on the execution of language policy in relation to the promotion and development of the nine official indigenous languages, namely isiNdebele, isiXhosa, isiZulu, Sepedi, Sesotho, Setswana, siSwati, Tshivenda and Xitsonga.

scholarly journals FINANCIAL TRANSLATION IN SOUTH AFRICA: CHALLENGES AND PROSPECTS FOR THE INDIGENOUS AFRICAN LANGUAGES

2019 ◽  
Vol 5 (15) ◽  
pp. 1456-1461
Author(s):  
Aaron Mnguni
Keyword(s):  
South Africa ◽  
Mother Tongue ◽  
National Development ◽  
Special Focus ◽  
Identity Conflict ◽  
Financial Industry ◽  
African Languages ◽  
Role Translation ◽  
The Status ◽  
The Republic

In terms of the Census 2011 in South Africa, the majority of the South African population use indigenous African languages as mother tongue, compared to the minority that use English, Afrikaans and other languages. The Constitution of the Republic of South Africa, 1996 (Act 108 of 1996) declared Sepedi (N. Sotho), Sesotho, Setswana, Tshivenda, Xitsonga, Afrikaans, English, Siswati, isiNdebele, isiXhosa and isiZulu as official languages of the Republic of South Africa. Even though in 1996 eleven languages were declared official by the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), English and Afrikaans have maintained their pre-1994 status as de facto languages in the technical and scientific fields. The anomaly of the dominance of English and Afrikaans, particularly in the financial industry, has implication for the development of the majority of the citizens in the country, especially in poverty-alleviation and national development interventions. Without paying a special focus on the dynamics in languages, it could be extremely difficult to understand how issues of power, identity, conflict and resistance are established and maintained within organisations and even governments. The purpose of this paper is to investigate reasons for the persistence of the status quo in the positioning of languages in South Africa in particular regarding financial documents. This paper also looks at some of the challenges the African languages are faced with in making inroads in fields such as the finance, as well as implications for the speakers of the African languages over the two decades after the new dispensation was ushered in. The polysystem theory championed by Even-Zohar assists in putting the role translation can play in the effort of developing African languages and putting African languages into perspective. It is also hoped that this paper will contribute towards the debate on intellectualisation of the African languages in South Africa. Keywords: African languages, financial translation, multilingualism, polysystem, poverty, South Africa.

scholarly journals SOUTH AFRICAN NATIONAL DEFENCE FORCE (SANDF) DROPS CHARGES AGAINST HIJAB-WEARING OFFICER: CASE IN POINT SOUTH AFRICA

2021 ◽  
Vol 29 (2) ◽  
pp. 195-206
Author(s):  
Ashraf Booley
Keyword(s):  
South Africa ◽  
South African ◽  
Bill Of Rights ◽  
The People ◽  
Great Debate ◽  
The Status ◽  
Religious Statement ◽  
The Veil ◽  
South African Constitution ◽  
First Time

Over the last few decades, a piece of fabric has become a powerful and divisive symbol worldwide. Since the tragic events of 9/11, this piece of fabric has become a topic of great debate, at local, national, regional and international level. The veil as worn by some Muslim women has assumed iconic proportions around the globe. To some it symbolizes piety to others, oppression. To some it is a rejection of Western morality to others, a rejection of modernity. To some, it is a religious statement supporting Islam as a way of living; to others, a political statement supporting violent Islamists. These disparate attributions exemplify the power of nonverbal communication and support the maxim that words and objects contain no inherent meaning; only people assigned meaning. This article discusses the status of religious rights and freedoms under the South African Constitution. One aspect of this change is the change that has affected the various religions, cultures, and customs in South Africa. It is therefore, viewed by many as a constitution for the people of South Africa which includes a Bill of Rights. Historically speaking, for the very first time since colonialism, all religions were guaranteed the of religion. Furthermore, religions, cultures and languages are deep-rooted in the various constitutional provisions, namely, sections 9(3), 15(1) to (3), 30, 31, 185 and 234 respectively. These constitutional provisions are solidified by section 7 which obliges the state to respect, protect, promote and fulfil the provisions set forth in the Bill of Rights. The article concludes with an argument for the recognition of plurality of religions and religious legal systems in South Africa.

The Interaction between Section 233 of the South African Constitution and the Commentaries to the OECD Model Tax Convention on Income and on Capital

2020 ◽  
Vol 53 (1) ◽  
Author(s):  
Enelia Jansen van Rensburg
Keyword(s):  
South Africa ◽  
International Law ◽  
South African ◽  
The South ◽  
Double Taxation ◽  
The Republic ◽  
South African Constitution

The Commentaries to the OECD’s Model Tax Convention on Income and on Capital are at times consulted by South African courts when double taxation agreements are interpreted. The question considered in this article is the nature of the interaction, if any, between these Commentaries and section 233 of the Constitution of the Republic of South Africa, 1996. Section 233 requires a court to prefer a reasonable interpretation of legislation that is consistent with international law over other interpretations that are not consistent with international law. The contribution analyses various aspects of the wording of section 233, including the meaning of the phrase ‘international law’. It points out the various roles that transnational sources may play with regard to section 233, for example these sources may either constitute the ‘international law’ to which section 233 refers, or they may be aids to the interpretation of those sources that constitute ‘international law’. The contribution considers which of these roles the Commentaries are most likely to play for purposes of section 233.

scholarly journals NON-RECOGNITION OF MUSLIM MARRIAGES: DISCRIMINATION AND SOCIAL INJUSTICE

Obiter ◽  
2021 ◽  
Vol 30 (2) ◽  
Author(s):  
Razaana Denson
Keyword(s):  
South Africa ◽  
Public Policy ◽  
South African ◽  
Legal Status ◽  
Legal Reform ◽  
Social Injustice ◽  
Legal Recognition ◽  
Legal Nature ◽  
The Status ◽  
The Republic

The following issues are discussed in the article, namely the legal status of Muslim marriages, the legal nature of Muslim marriages, the reasons for non-recognition, in particular the concept of “public policy”, as well as the various approaches adopted by the South African courts when dealing with the issue whether Muslim marriages should be granted legal recognition. The effect of the Constitution of the Republic of South Africa, 1996 on the status and consequences of Muslim marriages as well as the proposal for legal reform in the form of a draft Muslim Marriages Bill which was released on the 22 July 2003 is also dealt with.

scholarly journals Oral Law in Litigation in South Africa: An Evidential Nightmare?

2017 ◽  
Vol 20 ◽  
pp. 1 ◽  
Author(s):  
Christa Rautenbach
Keyword(s):  
South Africa ◽  
South African ◽  
Common Law ◽  
Customary Law ◽  
Court System ◽  
The Status ◽  
Customary Laws ◽  
The Common ◽  
The Republic ◽  
Law Of Evidence

In the past, customary law has been applied rather haphazardly in the courts. Its inherent adaptive flexibility and indeterminate nature created confusion in a court system ill-equipped to deal with litigation dealing with customary law issues. Understandably, customary law was treated in the same way as a common-law custom, which also originates in a community's acceptance of certain standards of behaviour. This meant that anyone averring a rule of customary law had to prove it, except where the rule was contained in a statute or precedent. The courts were not keen to engage in law-making and where the ascertainment of customary law proved to be difficult, they would merely apply the common law. In 1998, the Law of Evidence Amendment Act 45 of 1988, which allows the judiciary to take judicial notice of readily accessible customary law, made fundamental changes to this situation. The Act is still in operation, although it must now be interpreted in the light of the Constitution of the Republic of South Africa, 1996 (the Constitution). No direction on how this must be done can be found in the wording of the constitutional provisions dealing with the customary law. Besides instructing the courts to apply customary law when "applicable, subject to the Constitution and any legislation that specifically deals with customary law", the Constitution is silent on the way forward. Given the fact that most of the judiciary does not have any knowledge of the content of living customary law and the fact that there are fundamental differences between the evidentiary rules applied in the common and customary laws of South Africa, a few problems are bound to surface when litigating issues involving the customary law. They include: the status of customary law in the South African legal system; the applicability of customary law; and especially the determination of living customary law. The aim of this analysis is to determine if the existing evidentiary rules are appropriate to deal with these challenges in litigating matters involving customary law in the ordinary courts.

scholarly journals SOME NOTABLE DIVERGENCES IN THE DEVELOPMENT OF SOUTH AFRICAN AND NAMIBIAN INSOLVENCY LAW

Obiter ◽  
2021 ◽  
Vol 31 (2) ◽  
Author(s):  
André Boraine
Keyword(s):  
South Africa ◽  
South African ◽  
Legal Systems ◽  
The South ◽  
Insolvency Law ◽  
High Courts ◽  
South West Africa ◽  
The Republic ◽  
To Come ◽  
South African Constitution

It is a well-known fact that the legal systems of South Africa and Namibia, or rather the former South West Africa, were rather identical until the advent of independence of the latter on 21 March 1990. This note thus deals with aspects of the development of insolvency law in South Africa and Namibia since Namibia became independent. What is also important is the fact that both Namibia and South Africa adopted a constitution that is based on a Bill of Rights (see the Constitution of the Republic of Namibia of 1990 and the South African Constitution of 1996). Some developments in insolvency law based on these features are therefore also considered in this note. As indicated, upon independence Namibia retained significant portions of South African law including its legislation. Owing to the shared background of Roman-Dutch-law and English-law influences, both Namibia and South Africa can still be classified as having mixed legal systems. Like South Africa, Namibian insolvency law is not contained in one single statute although it is still largely regulated by the South African inherited Insolvency Act 24 of 1936 (hereinafter “the Insolvency Act”), which deals first and foremost with the sequestration of individuals and related matters. Namibia also inherited the South African Companies Act 61 of 1973 but the South African Close Corporations Act 69 of 1984 was largely adopted as the Close Corporation Act 26 of 1988 that came into operation on 25 July 1994. These pieces of legislation, amongst others, deal with the liquidation or winding-up of companies and close corporations respectively. Apart from these statutory enactments, precedents and common-law principles also apply in the absence of specific statutory provisions. The Insolvency Act of 1936, however, remains the principal source of both South African and Namibian insolvency law and the other enactments render certain provisions of the Insolvency Act applicable. At present and as far as the principles are still comparable, precedents set by South African and Namibian courts remain relevant in both jurisdictions. In order to align some of the terminology with structures and developments in Namibia, the 1936 Insolvency Act was amended in a number of respects by the Namibian Insolvency Amendment Act 12 of 2005. The wording of the Insolvency Act was also thereby amended to make it gender-friendly. However, when dealing with either system it is important to ascertain to what extent statutes that applied in both jurisdictions have been adopted, subsequently amended and/or replaced. The Namibian government has for instance introduced a new Companies Act 28 of 2004 that is bound to replace the South African-based Companies Act of 1973. Although a new insolvency statute is not in the pipeline in Namibia, an amendment act to the 1936 Insolvency Act has been published during 2005 (the 2004 Companies Act was assented to on 19 December 2004 but it will only come into operation once so proclaimed). In South Africa a new Companies Act 71 of 2008 has been introduced but it is also still due to come into operation. New insolvency legislation that will unify the insolvency of individuals and companies is on the table in South Africa but it is not clear when this process will come to fruition. Another general feature is that judgments of the South African and Namibian high courts are clearly still influential in both jurisdictions but as amendments and separate legal developments will deviate from the former common norm, judgments will clearly have to be treated with circumspect in future. In the absence of a comprehensive textbook dealing with the Namibian version of insolvency law, South African textbooks will remain of some use to that jurisdictions but also subject to the same qualifications expressed above.

scholarly journals BREAKING THE LANGUAGE BARRIER IN LEGAL EDUCATION: A METHOD FOR AFRICANISING LEGAL EDUCATION

2020 ◽  
Author(s):  
Thokozani Dladla
Keyword(s):  
South Africa ◽  
South African ◽  
First Language ◽  
Legal Education ◽  
African Language ◽  
Law Schools ◽  
African Languages ◽  
Chief Justice ◽  
The Law ◽  
The Republic

Section 6 of the Constitution of the Republic of South Africa, 1996 recognises eleven official languages of the Republic and further requires the State to take practical steps to advance the use of African languages. The Statistics South Africa 2017/18 report shows that most South Africans’ first language are African languages. Despite this reality and the constitutional imperatives, the South African Bachelor of Laws (LLB) curriculum does not prescribe any African language as a compulsory course, and very few sources of law are in an African language. Some law schools do offer some African languages as an elective. However, it is submitted that this is not sufficient. Experience has shown that the inability to articulate oneself in English can be a barrier to completing the LLB degree in regulation-time and admission to legal practice. Furthermore, it is submitted that the Chief Justice 2017 Directive, in which Chief Justice Mogoeng declared English as the only language of record in South African courts, does not address the language problems experienced by court staff. Instead it simply perpetuates the Eurocentric legal system. This is because it counters the advancement and use of African languages envisaged by the Constitution. This article investigates how the failure to advance multilingualism in the current LLB curriculum can disadvantage law students going to practice. It is proposed that law schools begin to address this issue by introducing two innovations. First, it is suggested that law schools make at least one African language a compulsory course. For English first language speakers in particular, this arrangement will strengthen their understanding of the sociological context in which the law operates. Second, it is proposed that each law school should choose an African language that is predominantly spoken in their geographical area and partner with schools of languages to translate sources of law. For African first language speakers in particular, this will assist them in understanding legal concepts better. Translations of legal texts may also allow for law schools to teach the law in the local African language.

Removal of the National Director of Public Prosecution: A Critique of Emerging Constitutional Jurisprudence

2021 ◽  
Vol 35 (2) ◽  
Author(s):  
Mtendeweka Mhango
Keyword(s):  
South Africa ◽  
South African ◽  
Separation Of Powers ◽  
Constitutional Court ◽  
Court Order ◽  
High Court ◽  
The Republic ◽  
South African Constitution ◽  
National Director ◽  
Constitutional Jurisprudence

In this article, I critically examine the constitutional provisions governing the removal of the National Director of Public Prosecutions. This examination is undertaken in the context of recent decisions by the High Court in Corruption Watch (RF) NPC and Another v President of the Republic of South Africa and Others; Council for the Advancement of the South African Constitution v President of the Republic of South Africa and Others [2018] 1 All SA 471 (GP); 2018 (1) SACR 317 (GP) and the Constitutional Court in Corruption Watch NPC and Others v President of the Republic of South Africa and Others [2018] ZACC 23, which found certain provisions of the National Prosecuting Authority Act 32 of 1998, which governs the removal of the National Director, unconstitutional. The article is critical of these two court decisions for their failure to properly justify the order to invalidate the provisions of the National Prosecuting Authority Act and to provide a proper account of the different separation of powers imperatives involved in the cases. The article is also critical of the Constitutional Court’s approach to the abstract review of the sections in the National Prosecuting Authority Act, and of its suspension of the order of invalidity in a manner which took no due regard to established jurisprudence. Lastly, the article is critical of the Constitutional Court’s omission to address the High Court order that the Deputy President should appoint the National Director, which runs counter to the text of the Constitution.

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