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15 March 2023 | Story Prof Theodorus du Plessis | Photo Supplied
Prof Theodorus du Plessis is from the Department of South African Sign Language and Deaf Studies at the University of the Free State (UFS)

 

Opinion article by Prof Theodorus du Plessis, Department of South African Sign Language and Deaf Studies, University of the Free State.

The South African public initially had until 30 June 2022 to respond to the Constitution Eighteenth Amendment Bill, B1 – 2023, but the date was later moved to 25 February 2023. With this bill, the Minister of Justice and Constitutional Development intends to amend section 6 (1) of the constitution in such a way that South African Sign Language (SASL) is added to the list of 11 existing official languages. 

The intended amendment changes the current constitutional status of SASL from a language recognised (albeit by implication) in section 6(5) in terms of the Pan South African Language Board (PanSALB), to a language that is part of the state’s language mandate. The constitution specifically tasks PanSALB with the development and promotion of three language groups, namely the official languages, the non-Bantu indigenous click languages (in the constitution illogically mentioned as the “Khoi, Nama and San languages”) and “sign language” (note, not SASL in particular). The amendment therefore means that PanSALB’s language mandate is now limited to only two groups of languages: the official languages (with SASL as the 12th) and the mentioned click languages. The third group, which is represented by the generic term ‘sign language’, obviously falls away. 

Intended constitutional amendment significantly expands SASL’s status

Incidentally, PanSALB takes its mandate in relation to SASL seriously, as evidenced by the establishment of the SASL National Language Board in 2002 in terms of the Pan South African Language Board Act, 1995 (as amended in 1999) – this is in addition to similar language bodies for each of the official languages, the click languages, and the so-called heritage languages (Hindi, French, etc.). The SASL Charter published in 2020 – so far, the only language charter for any of the languages that form part of PanSALB’s language mandate – is another telling example.

It is otherwise noteworthy that the intended constitutional amendment now significantly expands SASL’s (still not by name) status – already recognised since 1996 – as the official language for the purpose of learning at a public school in terms of the South African Schools Act. This law talks about “a recognised sign language”. According to the Department of Basic Education's 2002 revised National Curriculum Statement for Home Language, PanSALB is responsible for such recognition. In principle and, of course, subject to the restrictions and conditions of articles 6(2)-6(4) of the constitution, SASL can now be used as a language of state administration in addition to the existing 11 official languages – this is in accordance with the Organisation for Economic Cooperation and Development's (OECD) definition of what an official language is and must do. 

The intended amendment also changes the exceptional status that SASL enjoys in terms of the Use of Official Languages Act, 2012 (UOLA); in fact, a status not enjoyed by the official languages. This act requires state entities to develop a language policy that must prescribe how official languages will be used to effectively communicate with the public; note – without being specific. Their policies must, however, also prescribe how effective communication will be with a member of the public who chooses SASL (this time by name) as their preferred language! UOLA therefore grants a right to a user of SASL that a user of an official language does not enjoy. In fact, UOLA goes even further by granting a similar right to a member of the public who prefers a non-official language as a preferred language, for example Portuguese or Swahili. The intended amendment to the constitutional status of SASL means that this outstanding privilege of SASL (and for that matter probably also of the unofficial languages) will have to be removed from UOLA. 

What shines through, is that SASL, in addition to the admittedly lesser form of constitutional recognition, already enjoys exceptional recognition in other legislation – legislation that we can classify as language legislation. One must, however, remember that many of the users of SASL are not only part of a linguistic minority, but as persons with a hearing impairment are also included in the community of persons with a disability. Legislation relating to this minority also gives recognition to SASL, albeit sometimes indirectly by referring to the rights of persons with hearing impairments.

Legislation relating to labour matters, such as the Equal Employment Act 2010, serves as a telling example of this. Regulations arising from the latter require, among other things, that an employer must provide an interpreting service to employees with a hearing impairment – this amounts to the ‘official’ use of SASL within the workplace, even if it is not the official language of the relevant institution. 

This immediately makes one wonder why it is necessary to make SASL the 12th official language? In his invitation to the public to comment on the proposed amendment to the legislation, the Minister of Justice presents several arguments as to why empowerment is essential. This entails that officialisation will lead to the cultural acceptance of SASL and of the relevant community, promote substantive equality, and prevent unfair discrimination on the basis of disability. Obvious arguments that have little to do with the typical functions of an official language are, for example, the language of laws and regulations, government records, official forms (for example in relation to birth registrations), written communication between and within government institutions, or the spoken language of government officials in the performance of their official duties. The Minister's arguments seem to be largely moralistic in nature and rather relate to the symbolic value of an official language and not to its functional value.

But the bigger problem is that the Minister's arguments seem to make a connection between the rights contained in the constitution's Bill of Rights and the country's official languages, which almost make the enjoyment of these rights subject to official language status. This is noted where he argues that the empowerment of SASL will have an effect on the realisation of the right to equality in article 9 of the Charter. This way of thinking is rather strange for two reasons – firstly, since two of the five subsections under this clause do not directly relate to language, and secondly, since the reference to language in section 9(3) (and through cross-reference in the two remaining articles) relate to a linguistic human right – this is a type of universal language right that a person enjoys regardless of the status of the person's language. The universal linguistic human right contained in article 9 is that the state may not unfairly discriminate against anyone on one or more grounds, including culture and language. Markedly, this provision refers neither to a citizen nor to an official language, which implies that any person with a hearing impairment already enjoys the relevant language right regardless of whether SASL is an official language or not. 

In fact, the only linguistic human right of the Charter that is indeed linked to an official language, is your right to education in an official language(s) of your choice as contained in article 29. Wisely, legislature already made it possible in 1996 for a person with a hearing impairment to also enjoy this linguistic human right. The rest of the linguistic human rights contained in the Charter do not relate to official languages, namely the right to use your language of choice in non-official language domains (section 30), the right not to restrict the use of your language within the community in which you participate (section 31), the right to be tried in the language that an accused person understands or to have the proceedings interpreted in such a language (section 35), the right to receive information regarding arrest and detention in a language that an accused person understands (also article 35), and the right to self-determination by a community that shares a common language (article 235). Therefore, a person with a hearing impairment who prefers SASL as their preferred language, just like a hearing person who prefers a spoken language as their preferred language, already has a claim to all these linguistic human rights, even if that language is not recognised as an official language. 

Officialising SASL will have no significant effect on any linguistic human rights

In short, officialising SASL will in principle have no significant effect on any of the linguistic human rights in the Bill of Rights, because persons with hearing impairment already enjoy these rights. If the Minister is of the opinion that they do not enjoy these rights and he therefore wants to make a constitutional amendment, this means – strictly speaking – that there is a systemic problem somewhere that should be investigated. Put simply, what is needed is not necessarily additional legal intervention but rather law enforcement. What is needed is for the state to make it possible for persons with hearing impairments to enjoy their linguistic human rights. More implementation – not more legislation – is what is needed now. 

What we learn from this case, is that there are misplaced expectations about what an official language can or should mean to you as a person. A first lesson is that all persons enjoy the same linguistic human rights and that these rights, except for education, are not linked to official languages. A second lesson is that if your language is indeed an official language, you have very few claims to specific language rights in this language, simply because of the legal restrictions that the state does not necessarily háve to use more than three official languages. At most, you can only hope that you will at least be able to get along more or less with one of the three chosen languages at any given time. A third lesson is that because of its exceptional status, SASL is not subject to this restriction and that users of SASL therefore have a right to language choice in terms of interaction with the state, which speakers of the official languages do not enjoy. A fourth lesson is that, for the sake of fairness, SASL will have to give up this status as soon as the language becomes official, which will actually disadvantage this minority.

Why is it unnecessary to make SASL an official language?

So, why is it unnecessary to make SASL an official language? Within the current dispensation, this will merely grant symbolic recognition to the language, which will not necessarily grant more rights to persons with hearing impairment than they currently already enjoy. Apart from their claim to exactly the same linguistic human rights as hearing people, persons who choose SASL as their preferred language enjoy the exceptional right that state entities must respect this choice, a right that hearing citizens do not enjoy. Instead of creating false expectations about the implications of the officialisation of SASL among the hearing-impaired community, the state should instead make this community aware of the rights that they already enjoy in terms of existing legislation and, above all, fulfil its duty towards this community by ensuring that these rights are realisable. One's fear is that the obsession with the officialisation of SASL will end up being just another smokescreen for neglect of duty by the state. 

News Archive

During 2011: Highlights at the UFS
2011-12-01

2011 was a phenomenal year in the life of the University of the Free State and the memorable moments will be engraved in the history of this proud institution.

World Universities Forum honours the UFS

The UFS was awarded the World Universities Forum (WUF) Award for Best Practice in Higher Education during 2010.The Best Practice Award recognises the most significant practices of the year around the world. The university’s implementation of a number of interlocking innovations to transform the institution is recognised with the award.

These innovations include: campus-wide racial integration for students; reinvigoration of the academic culture; nurturing of the most promising young scholars by means of the Vice-Chancellor's Prestige Young Scholars Programme; sending 71 first-year students to top American universities to assist with their development into non-racial campus leaders; the revision of the undergraduate curriculum to promote a cross-disciplinary approach to key societal problems; raising the entry requirements; the facilitation of open access to campus leadership through sessions with the Vice-Chancellor and Rector; extension of this spirit of dialogue internationally through the inauguration of its International Advisory Council consisting of key thinkers and practitioners; the identification of 20 of the most dysfunctional high schools in the Free State and the building of relationships with those schools.

This university-school partnership is based on a strict contract of reciprocal commitments to increase the chances of black children attending university. The WUF applauded this as the most innovative step.


New branding for our 107-year old institution

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Our university turned a fresh new page with the launch of a new brand that will take the institution on its path to new horizons.

Two primary brands were adopted – an evolved academic crest and a new marketing brand for the institution’s offerings and services. The very foundation of the UFS is built on a dynamic learning environment where academic excellence and the development of leadership qualities. The new brand seeks to adapt to the changing needs of society, without sacrificing its rich history and heritage.

The rebranding process involved one of the most expansive and intensive process of consultations with staff, alumni, Senate, Council and other stakeholders.

The new brand is anchored in the university’s renewed motto “In Veritate Sapientiae Lux” (In Truth is the Light of Wisdom), which has been evolved to embrace the diversity of the community at the university without losing its essence.


Archbishop Desmond Tutu receives an honorary doctorate

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One of the great sons of Africa, Archbishop Emeritus Desmond Tutu, received an honorary doctor of Theology and opened the International Institute for Studies in Race, Reconciliation and Social Justice on the Bloemfontein Campus at the beginning of 2011.

The Institute originated in the Reitz incident of 2008 and embodies the UFS’s determination to be a place where reconciliation, forgiveness and social justice would not only be studied, but where it would also be applied. Students and scholars from across the world can study the theory and practice of building societies across the boundaries of race, as well as religion, gender, disabilities and national origin.

By honouring Dr Tutu, the UFS recognises the contribution he has made in the field of Theology through his teachings and the books he has written. The UFS not only honoured him as a moral and religious leader who has maintained his integrity as a Christian, but also as “a great son of South Africa who has made a huge contribution to peace, reconciliation and justice in South Africa and in the world”.



Reconciliation closes book on the Reitz incident

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The Reitz incident, that has taken the UFS to front pages and news headlines, could come to closure this year with a reconciliation ceremony between the former students and staff members. The parties involved could meet in private and also took part in a public ceremony with many dignitaries witnessing the closure of the incident and repercussions it had.

Messages of apology were read by Prof. Teuns Verschoor, Vice-Rector: Institutional Affairs, on behalf of the UFS, and Mr Danie Grobler, on behalf of the former students. A message of acceptance of the apologies was read by Ms Emmah Koko on behalf of the workers.

Deputy Chairperson of the South Africa Human Rights Commission, Commissioner Pregs Govender, said of this historic event: “The courage and compassion shown by the workers together with the students’ willingness to embrace the spirit of change have enabled a process of justice, transformation and reconciliation that is an inspiring example for South Africa.”


Grade 12s attend first Leadership Summit

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More than 280 learners from all over South Africa and Namibia attended a three-day Leadership Summit on the Bloemfontein Campus in April 2011. The goal of the summit was to enable young leaders to develop their leadership capabilities by looking beyond their normal boundaries.

Prof. Jonathan Jansen, Vice-Chancellor and Rector, addressed the learners on leadership while Mr Louie de Necker, a training consultant, spoke about conflict resolution. Other highlights included a visit to the Boyden Observatory, picnic suppers, an introduction to residence life, a social evening, and a prize-giving ceremony aimed at learners who distinguished themselves as potential leaders during the three-day visit.


UFS honours great teachers

Our university and Sunday Times have joined hands in identifying 150 of the greatest teachers, who moved, inspired and transformed South Africans during their time at school. The project culminated in the book Great Teachers.

These are the teachers who stood out among their colleagues and made a lasting impact on their learners, inspiring them to excel, long after the mathematical equations and English literature tests are forgotten. The book is a powerful account of inspired and inspiring teachers.

All proceeds from the sales of the book will be used to provide bursaries to student teachers of today, who may become the great teachers for tomorrow’s generation.


Graduations now a celebration

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By changing its format, graduations are now a festival to celebrate years of hard work and dedication of students and lecturers at our university. Some of the changes include the gathering of the procession on the Red Square in front of the Main Building, from where it moves to the Callie Human Centre. The graduation programme is also filled with music and song items with various young speakers addressing and inspiring the audience.

A total of 83 doctorates were conferred this year, making it the highest number in the history of the university.


African Student Affairs Conference a huge success

The first African Student Affairs Conference (ASAC) was hosted by our university. The conference was attended by delegates from universities across the continent and was aimed to place the focus on issues relating to student affairs in an African context.

Delegates shared and exchanged strategies, ideas and resources, and discussed issues related to the work of student-affairs professionals. A delegate from Nigeria said it was an important conference for Africa and it should become a regular event.


Research published in Nature

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A research article on the work by a team under the leadership of Prof. Esta van Heerden, and counterparts in Belgium and the USA, has been published in the distinguished academic journal Nature on Thursday 2 June 2011.

The article – Nematoda from the terrestrial deep subsurface of South Africa – sheds more light on life in the form of a small worm (nematode) living under extreme conditions in deep, hot mines. It was discovered in one of the gold mines in the Free State.

The research can shed some new light on the possibility of life on other planets, previously considered impossible under extreme conditions. It also expands the possibilities into new areas where new organisms may be found.


Postgraduate School is one of a kind

Our Postgraduate School was launched with the aim of bringing research-bases education in line with national priorities and the focus of the UFS Academic Turnaround Strategy of 2010. It spans across our facilities.

The focus of the school is to produce graduates who are global citizens, research literate and able to reflect ethically on the purpose, process and product of research; to improve throughput rates of postgraduate students; and to make the experience of being a postgraduate at our university one which is stimulating, enjoyable and which contributes to the development of people beyond the limits of their disciplines.


Oprah Winfrey now a Kovsie

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World attention was drawn to our university when an honorary doctorate in Education was conferred on media icon Oprah Winfrey on 24 June 2011 at our Bloemfontein Campus. The graduation was probably the biggest ceremony of its kind in South Africa, with more than 4 500 people attending.

Our university honoured her for her accomplishments and unparalleled work as a global media leader, as well as a philanthropist with vision and foresight in the field of education and development.

Prof. Jonathan Jansen, Vice-Chancellor and Rector of our university, said: “It is a great privilege for us to be the first South African university to honour Ms Winfrey in this way and to be able to recognise a global icon of her stature.”


UFS doctors make history in South Africa

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Two procedures took the UFS to the forefront of the medical world this year.

History was made with the first implant of a special new aortic valve in South Africa. The advantage of this new valve is that it can be implanted percutaneously through a catheter from the groin. This eliminates the need for invasive surgery.

The valve is made from porcine pericardium (tissue derived from pigs) and is mounted on an expandable stent, which is threaded along an artery, until it reaches its desired position. The valve is especially useful in older patients who suffer from aortic valve disease and pose a high surgical risk. It also reduces hospitalisation time.

A rare malignant tumour was also removed in groundbreaking heart surgery. What makes this operation unique, is that the suspicious mass, identified in the heart of a 51-year old man, was rapidly growing into a highly invasive cardiac tumour seen in a small number of patients worldwide.

In the highly complex, 10-hour operation the entire right heart chamber had to be removed and the heart reconstructed.


School of Open Learning adds value

The activities of the new school are driven by a central principle: opening up access to those who have not had the opportunity to study at a higher-education institution due to geographical location, socio-economic circumstances or other factors.

Programmes are delivered through a blended-learning model, which blends contact teaching with distance education.

The school will collaborate with our various faculties, and is managing the continuing education-sponsored endeavours of the Faculty of Education. These include projects for in-service training of teachers in Mathematics, Natural and Physical Sciences, Languages, Literacy, Economic and Management Sciences, Technology and various areas of Management and Leadership.



Second group of young leaders abroad

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A second group of first-year students in the Leadership for Change Programme visited universities in the USA, Europe and Asia. Our university could extent the programme to 150 students, up from 71 in 2010.

These students are seen as a leadership core, not only for their university life, but also in public life outside the university borders.

The main purpose behind the programme is to expose students to positive models of racial integration. Their experiences will go a long way towards changing and enriching the minds of young leaders, who have committed to building a truly non-racial society in South Africa.


Odeion School of Music launched

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Our former Department of Music transformed into the Odeion School of Music. The name Odeion name portrays not only an excellent asset in the Free State, but also nationally and internationally.

The school’s new name bears the respected Odeion brand and a number of successful and respected ensembles operate under this brand. These include the residential Odeion String Quartet, student ensembles, the Junior Odeion String Quartet, the Odeion Sinfonia, and the Odeion Choir.

The formation of the school paths the way for more flexibility to complement its profile with new developments. These include the application of prestigious international experts as artistic fellows, membership to progressive European, jointly-developed degree programmes and curriculum development initiatives, the founding of a chair in Orchestra Conducting, a master’s degree in Arts Management, as well as the incorporation of bio-kinetics in the teaching methodologies of performance practice.


World-class Chemistry facilities opened

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World-class Chemistry facilities, with state-of-the art equipment, opened on the Bloemfontein Campus.

The upgrading of the facilities and addition and replacement of equipment were the single biggest investment at our university in a long time.

Specialised research by the Department of Chemistry includes X-ray crystallography, electrochemistry, synthesis of new molecules, the development of new methods to determine rare elements, water purification, as well as the measurement of energy and temperatures responsible for phase changes in molecules, the development of agents to detect cancer and other defects in the body, and many more.
 

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