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What’s changed since SASL became South Africa’s 12th official language?

23 July 2024 Photo Barend Nagel

Opinion article by Nhlanhla Simelane, Student Assistant: South African Sign Language and Deaf Studies, Faculty: The Humanities, University of the Free State.

It has been a year since the president signed off on the amendment bill to include South African Sign Language (SASL) as one of the country’s official languages. And one may wonder, what has changed since then? After all, many individuals and organisations, including the Deaf Federation of South Africa (DeafSA), the National Institute for the Deaf (NID), and Deaf rights activists from the Deaf community, believed that official recognition of sign language would lead to significant developments for SASL and the Deaf community.

Since then, SASL has mostly benefited from exposure from the SASL Indabas that PanSALB held on 9-10 March 2023 and another one on the 1-2 February this year. These Indabas were aimed at “discussing the standardisation of SASL and mapping a way forward”. They included several stakeholders, including our very own institution. They also had an impact on the development of SASL in various institutions, including UNISA and University of Cape Town (UCT), and it is hoped that this influence will extend to other institutions.

However, one must not overlook the fact that despite being a minority language, SASL already enjoyed significant language rights. For example, the South African Schools Act recognised it as an official language in 1996. The Use of Official Languages Act of 2012 provided another benefit that was not even enjoyed by the other 11 official languages; with this act, state entities had to establish a language policy outlining the use of official languages for public communication, specifically if a member of the public chose SASL as their preferred language. It also benefited from protection under the South African Sign Language Charter, launched by the SASL NLB (National Language Board) in 2020, roughly three years before it became official. Even Prof Theodorus du Plessis, Professor Emeritus in the Department of South African Sign Language and Deaf Studies, University of the Free State (UFS), in a previous opinion article, mentioned that there would be little to gain from officially recognising SASL, aside from the added symbolism associated with such a move. As a matter of fact, SASL had more to lose than gain due to its official recognition, as you will learn later in the article.

A human rights level

On a human rights level, which is more relevant to those living with hearing impairments in the country, the officialisation of SASL still had no significant effect on any of their human rights. This is simply because these persons already enjoyed their rights. However, what the officialisation cost the Deaf community* is the privilege as mentioned earlier that the Use of Official Languages Act of 2012 provided – users of SASL having the right to choose SASL as their language of interaction with the state – the very one that official languages do not enjoy. This is thus a disadvantage to the Deaf community, considering that they already suffer from a lack of interpreters in the county. An article by Nicky Bezuidenhout early this year highlighted that there is a “lack of access to crucial services like healthcare and justice due to a shortage of qualified South African Sign Language (SASL) interpreters”. Therefore, many Deaf people rely on untrained or unqualified individuals and mostly even family members to act as interpreters. This was mostly the case in my life, being a CODA (Child of a Deaf Adult) and having to interpret for my parents. And besides my proficiency in SASL, there was still the matter of a breach of confidentiality. This is a common problem for many people. Therefore, more SASL interpreters (SASLi) are needed. Additionally, it is up to everyone to take it upon themselves to learn SASL through the various provisions that are available today.

More development for SASL as a language

Thankfully, the UFS, among a few other institutions such as the Wits University, North-West University as well as the Durban University of Technology, makes such a provision through its SASL short course. Another way to learn is through mobile applications such as DEAFinition and the NID SASL Dictionary. The previous platforms also offer inexpensive online courses. This way, one can be equipped with SASL fundamentals to at least be able to hold a conversation without the need for an interpreter. Furthermore, we can only anticipate that since SASL is officially recognised, it will become more accessible in higher education institutions, as mentioned earlier, and will be included in the South African school curriculum, particularly for mainstream schools. As a result, more people will have the opportunity to learn SASL. Moreover, we can expect to see an increase in the number of qualified teachers with not only teaching skills but also proficiency in SASL.

Nonetheless, it has only been a year and matters regarding language plans and policies often require a great amount of resources, with time being the greatest of all. We can only hope that its officialisation has indeed led to the cultural acceptance of SASL and the relevant community, promoting substantive equality, and preventing unfair discrimination based on disability. But more importantly, we hope that this is not the end of the road for SASL in terms of its development as a language.

*Footnote: It is important to make a distinction between deaf people who are deaf but do not identify as part of the Deaf community and do not use SASL (who are referred to with a lowercase “d’’), and those who are deaf and are part of the Deaf community, making use of SASL as their first language (who are referred to using a capitalised ‘D’).

• Nhlanhla Simelane is a second-year Language Practice student, majoring in South African Sign Language. He is also a former Chairperson of Signals – a student association that is aimed at promoting SASL and Deaf awareness.

News Archive

CR Swart Memorial Lecture: Mr Cecil le Fleur

2006-08-08

Khoe and San call for government to speed up policy dialogue with indigenous communities

Mr Cecil le Fleur, leader of the National Khoe-San Consultative Conference and member of the executive management of the National Khoe-San Council, has called for a national policy on indigenous peoples to protect the human rights and special needs of indigenous people in South Africa.

Mr Le Fleur delivered the 38th CR Swart Memorial Lecture on the Khoe and San at the University of the Free State (UFS). He commended the UFS for its serious approach to the Khoe and San and for initiating initiatives such as a research project on the Griqua in which various aspects linked to language, -culture, -history, - leadership, their role in the South African community (past and present) and the conservation of their historical cultural heritages will be covered.

“The policy dialogue with indigenous communities initiated by government in 1999 and supported by the International Labour Organisation (ILO), has been exceedingly slow, owing to political and bureaucratic problems,” said Mr Le Fleur.

According to Mr Le Fleur the slow pace is also impacting negatively on the United Nations’ efforts to expand the international standards and mechanisms for human rights so as to include the special needs of indigenous peoples.

“The successful adoption of a South African policy would probably have a major impact on the human rights culture of Africa and, more specifically, on the UN system,” he said.

“South Africa has a powerful moral authority internationally and is willing to use this authority in multilateral forums. At this stage, however, South Africa’s Department of Foreign Affairs (DFA) may not take an official position on UN instruments and declarations pertaining to indigenous issues, until the Cabinet has resolved its own domestic policy position,” he said.

According to Mr le Fleur it therefore came as a great surprise when the DFA brought out a positive vote in the UN for the adoption of the "Draft Declaration on the Rights of indigenous Peoples" in June this year, even before the completion of the policy process.

Policy consolidation in South Africa is the primary key to creating a new policy climate in Africa in order to protect the rights of indigenous peoples. “The existing constitution of the Republic of South Africa is one of the most liberal on the continent, and embraces the concept of redress of past discrimination. It already includes a clause (Section 6) making provision for the protection of language rights for Khoe and San peoples - the fist peoples of southern Africa,” he said.

“If South Africa can effectively integrate this ‘third generation’ of collective rights within an existing democratic constitution, this will send a clear message to Africa and the world that indigenous rights are a necessary component of human and civil rights in modern democracies,” he said.

Mr Le Fleur proposed an institutional framework based on set principles that would satisfy the needs and aspirations of the Griqua and other first indigenous peoples in South Africa. “The proposed framework was based on the notion of vulnerability as a result of colonialism and apartheid, which stripped us of our indigenous identity, cultural identity and pride as people. This injustice can hardly be addressed within the existing mechanisms provided by the current text of the Constitution,” he said.

Mr Le Fleur also proposed that the principles of unique first-nation status, as recognised in international law, should be applied in the construction of the framework of the constitutional accommodation for the Khoe and San.

Mr Le Fleur further proposed that the Khoe and San’s indigenous status in constitutional terms must be separate from the constitutional acknowledgement of their status as a cultural community, as envisaged in sections 185 and 186 of the Constitution of 1996.

According to Mr Le Fleur, the suggested mechanism should make provision for structures such as:

A statutory representative council for First Indigenous Peoples of South Africa at a national level;
a separate Joint Standing Committee on Indigenous and Traditional Affairs, in both the National Assembly and the National Council of Provinces on which the Khoe and San can be represented;
a representative structure for the Khoe and San in the legislature of each relevant province; and
ex officio membership in the relevant structures of local government.

Media release
Issued by: Lacea Loader
Media Representative
Tel: (051) 401-2584
Cell: 083 645 2454
E-mail: loaderl.stg@mail.uovs.ac.za
24 August 2006

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