Afriforum and Another v Chairman of the Council of the University of the Free State and Others (A70/2016) [2016] ZAFSHC 130 (21 July 2016)

Afriforum and Another v Chairman of the Council of the University of the Free State and Others (A70/2016) [2016] ZAFSHC 130 (21 July 2016)

The court held that the University of the Free State, as an organ of state, is bound by the Bill of Rights and must comply with section 29(2) of the Constitution. The decision to adopt the 2016 language policy, making English the primary medium of instruction and diminishing Afrikaans, was taken without proper...

Source-derived case information.

Citation
[2016] ZAFSHC 130
Parties
Applicant: Afriforum; Applicant: Solidarity; Respondent: Chairman of the Council of the University of the Free State; Respondent: Chairman of the Senate of the University of the Free State; Respondent: University of the Free State; Amicus Curiae: Federation of Governing Bodies of South African Schools; Amicus Curiae: Afrikaanse Taalraad; Amicus Curiae: South African Teachers' Union
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
21 July 2016
Case Number
A70/2016
Procedural Posture
Review Application / Full Bench Review
Outcome
The application to review and set aside the University of the Free State's 2016 language policy was granted.
Judges
Hendricks, Mokgohloa, Motimele
Legal Topics
Language Rights in Education, Section 29 2 Constitution, Reasonable Practicability, Non Retrogression, Unfair Discrimination, Higher Education Policy
Constitutional Law Administrative Law Language Rights in Education Section 29 2 Constitution Reasonable Practicability Non Retrogression Unfair Discrimination Higher Education Policy

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Parties

Afriforum

Applicant

Solidarity

Applicant

Chairman of the Council of the University of the Free State

Respondent

Chairman of the Senate of the University of the Free State

Respondent

University of the Free State

Respondent

Federation of Governing Bodies of South African Schools

Amicus Curiae

Afrikaanse Taalraad

Amicus Curiae

South African Teachers' Union

Amicus Curiae

Procedural Posture

Review Application / Full Bench Review

Legal Issues

  1. 1 Whether the University of the Free State's adoption of the 2016 language policy, making English the primary medium of instruction, was constitutional and lawful.
  2. 2 Whether the UFS Council and Senate properly considered the requirements of section 29(2) of the Constitution regarding language rights in education.
  3. 3 Whether the decision to diminish Afrikaans as a medium of instruction was rational, fair, and consistent with constitutional obligations.

Ratio Decidendi

The court held that the University of the Free State, as an organ of state, is bound by the Bill of Rights and must comply with section 29(2) of the Constitution. The decision to adopt the 2016 language policy, making English the primary medium of instruction and diminishing Afrikaans, was taken without proper consideration of whether it remained reasonably practicable to continue parallel medium instruction. The Council and Senate failed to consider relevant factors such as equity, practicability, and redress, and did not adequately assess the impact on Afrikaans-speaking students or the results of the campus poll. The court found that the decision was not rationally connected to the...

Court Disposition

The application to review and set aside the University of the Free State's 2016 language policy was granted.

Orders

  • The decision of the Senate and Council of the University of the Free State to adopt the 2016 language policy is reviewed and set aside.
  • The University of the Free State is directed to reconsider its language policy in accordance with section 29(2) of the Constitution, taking into account equity, practicability, and redress.