Latest News Archive

Please select Category, Year, and then Month to display items
Previous Archive
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

Questions about racial integration in residences answered
2007-07-31

Answers to frequently asked questions about the racial integration of student residences at the UFS

1. Why does the UFS want to change the current situation in the student residences?

There are many reasons why a new approach to placement in the student residences is necessary. However, the main reason is of an educational nature. As a university, the UFS should create an environment in its residences where students can learn to appreciate and respect the rich diversity that is on offer at the university. A university accommodates students from many different backgrounds in terms of race, language, religion, economic status, culture and other aspects. If a student can learn to appreciate the value in this rich diversity at university, he or she will also be able to appreciate the value of this diversity in the workplace and broader society.

The current situation of predominantly white and predominantly black residences has not been able to cultivate such an appreciation for diversity and respect for one another as human beings, and will not equip students with the knowledge and skills required to manage diversity.

Besides this, there are many other areas of life in the residences that need attention. For one, we need to urgently establish a human rights culture in the residences so that the rights of all students can be respected. We need to address the abuse of alcohol, provide disabled students with their rightful place, and last but not least, really entrench a culture of learning in student residences.

Let us make the residences places we can be proud of – places of learning, of diversity, of respect; places of growth and development. This is the ideal we should all strive to achieve.  

2. Why does the management want to force us to integrate?

It is a false argument to debate the issue in terms of “force”. Any decision by a University, or any other organisation, regarding matters of policy, rules and regulations implies a restriction on the choice of an individual and an obligation to comply.  What we should focus on is whether this decision of the Council is in the best interests of our students.

The management of the university believes that it has a responsibility to give students the best education possible, not only in terms of what you learn in the lecture rooms, but especially in the residences as well. The residences can be very powerful places of learning about matters of great importance, both academic and non-academic.

The parallel-medium language policy separates students into largely white/Afrikaans and black/English classes. Efforts are being made to bridge this divide in the classroom, but we can also try to eliminate it in the residences.

The university is committed to building a new culture for the entire institution that is based on values and principles – such as an academic culture, non-racialism, respect for human rights and diversity – among staff and students.

In the context of student residences, the application of these values and principles still allows substantial room for the voluntary exercising of choice by individuals as well as by Residence Committees, notably with regard to the placement of students (they can still place 50 percent of first-year students), as well as the determination of the future character and traditions of a diverse residence.

Furthermore, students can still choose their residences (subject to availability of places), can choose a roommate, and so forth.

3. What about freedom of association?

The rights we enjoy in a democracy must be balanced against other rights, as well as the laws of the country. This means that the right to freedom of association must be balanced against laws that make it illegal to discriminate against other people on the basis of race, language or religion, for instance.

Freedom of association pertains to the right of individuals to form voluntary organisations such as clubs or private boarding houses, or their right to join or not join existing organisations.  You exercise that right when you decide to become a student of the UFS, and again when you choose to live in one of its residences.

However, once you have decided to join an organisation voluntarily, you cannot subsequently demand that that organisation should provide a “club” or residence to your liking where, for instance, you only associate with your choice of co-members. You must accept the policies of that organisation.

In any case, how would that right of yours be balanced against the right of another individual who wishes to associate with a different set of co-members? (For instance – what about the freedom of a student to associate with students NOT from his own background, but indeed from another language, cultural, racial or economic background?) 

The constitutional right to freedom of association can, in any case, not be used to exclude or discriminate on the basis of race or religion (Section 18 of the Bill of Rights).

Besides, the new policy guidelines will still make provision for freedom of association. This right can be exercised freely within a diverse residence with regard to friendships, joint academic work, socialising, sport, etc.

4. Will residences not lose their traditions?

The University appreciates that there are many valuable elements of tradition in residences. However, we must bear in mind that the traditions and character of student residences have evolved and changed over time, and they will continue to evolve and to change. In addition, we do not need to accept all aspects of residence life purely on the basis of tradition, including the unacceptably high level of alcohol abuse and unsavoury, humiliating and discriminatory orientation practices. The new approach to integrated residences provides the opportunity to retain the positive aspects of the current traditions and character, but also to develop new traditions and give residences a new character.

We can now establish a tradition and a character for each residence that are reconcilable with the values of the University as a place of scholarship and are aligned with the human rights approach of our country’s Constitution, the laws of our country and the strengths and diversity of the students in a particular residence.

5. Have students been involved in this process? Is there a role for them to play after the decision has been taken by the Council of the UFS?

In the first semester of 2007, during two rounds of consultations, the primes, SRC and student organisations were consulted about the proposed new placement policy to increase diversity in residences. Some residences also made written submissions on the matter (such as Madelief, Soetdoring, Wag-'n-bietjie, Vergeet-my-nie, Emily Hobhouse). Other residences requested and were granted more time, but did not make any submissions in the end (such as Reitz and Armentum).

Management also had several meetings with the above-mentioned structures to hear first-hand from students their concerns and solutions regarding possible challenges presented by integration in residences.

During these interactions, several excellent ideas and proposals were put forward by students. These views had a definite impact on the eventual proposal that was taken to the University Council, in particular regarding the minimum level of diversity (30%) in junior residences and the fact that residences still want to have a say in the placement of students, rather than the placement decision being left in the hands of Management alone (hence the 50% placement portion of residences). Management values the effort that was put into the process by the primes and residence committees, and thanks them for their contributions.

However, it should be stressed that consultation should not be understood as a process of negotiation, nor does it imply that consensus must be reached. What it means is that Management must take a considered decision after hearing the views of stakeholders.

Management would like students to continue to provide input and ideas regarding the implementation details of the policy guidelines. Task teams have been established and students will be informed about how they can interact with the task teams on an ongoing basis.

6. But integration in the residences was tried in the past (in the late 1990s), and then it failed. Why will it work now?

Yes, the University of the Free State did integrate its residences as far back as 1993, and for a few years it worked. The UFS did it at that time and is now doing so again, because it is the right thing to do. Yet it is important to understand why the previous attempt at racial integration in residences was not successful.

Firstly, both black and white students were much polarised because of the apartheid past. Secondly, there was insufficient management support for students in the residences, the student leaders generally as well as residence heads, in terms of dealing with diversity and related issues. Thirdly, the institutional culture of the UFS and the residences in particular was not addressed as part of broader transformation and integration in residences, whereas it is now being addressed.

In addition, the current decision to integrate residences has the benefit of being implemented after several more years of integration in schooling, sport, workplaces and other aspects of life.

This decision is also based on Management’s commitment to give all the possible support it can to this process.

This is a very important initiative that the UFS is undertaking. Management, in co-operation with students, must ensure that it succeeds. Integrated residences that produce high-quality graduates equipped to deal with the challenges of the workplace and our society is a worthwhile ideal we should all strive to achieve.

If you would like to make a proposal regarding the implementation and practical aspects of the new policy, please send it to the following email address: rector@ufs.ac.za

We use cookies to make interactions with our websites and services easy and meaningful. To better understand how they are used, read more about the UFS cookie policy. By continuing to use this site you are giving us your consent to do this.

Accept