Lourens v President van die Republiek van Suid Afrika en Andere (49807/09) [2010] ZAGPPHC 19; 2013 (1) SA 499 (GNP) (16 March 2010)

Lourens v President van die Republiek van Suid Afrika en Andere (49807/09) [2010] ZAGPPHC 19; 2013 (1) SA 499 (GNP) (16 March 2010)

The court found that the national government has not fulfilled its constitutional obligation under section 6(4) of the Constitution to regulate and monitor its use of official languages through legislative and other measures. The evidence showed that while some steps had been taken, such as drafting policy frameworks and establishing translation services, there was no comprehensive set of legislative and other measures in place to regulate and monitor the use of official languages. The court held that it could not compel the government to enact a national language law, as the Constitution does not require such a law specifically, but it could issue a declaratory order and a mandatory...

Citation
[2010] ZAGPPHC 19
Parties
Applicant: Cornelus Johannes Alexander Lourens; Respondent: President van die Republiek van Suid Afrika; Respondent: Parlement van Suid-Afrika; Respondent: Minister van Kuns, Kultuur, Wetenskap en Tegnologie; Respondent: Minister van Justisie & Grondwetlike Ontwikkeling; Respondent: Pan Suid-Afrikaanse Taalraad
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 March 2010
Case Number
49807/09
Procedural Posture
Constitutional Application / First Instance
Outcome
Application granted in part; declaratory and mandatory orders issued against the Minister of Arts and Culture; costs awarded to applicant against third respondent.
Judges
B.R. du Plessis
Legal Topics
Language Rights, Constitutional Obligations, Implementation of Statutory Duties, Separation of Powers, Declaratory Relief
Constitutional Law Administrative Law Language Rights Constitutional Obligations Implementation of Statutory Duties Separation of Powers Declaratory Relief

Case Brief

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Parties

Cornelus Johannes Alexander Lourens

Applicant

President van die Republiek van Suid Afrika

Respondent

Parlement van Suid-Afrika

Respondent

Minister van Kuns, Kultuur, Wetenskap en Tegnologie

Respondent

Minister van Justisie & Grondwetlike Ontwikkeling

Respondent

Pan Suid-Afrikaanse Taalraad

Respondent

Procedural Posture

Constitutional Application / First Instance

Legal Issues

  1. 1 Whether the national government has complied with its constitutional obligations under section 6(4) of the Constitution to regulate and monitor its use of official languages through legislative and other measures.
  2. 2 Whether the President, relevant Ministers, or Parliament can be compelled to enact a national language law or take specific steps regarding language policy.
  3. 3 Whether the Parliament is obliged to publish all legislation in all official languages.

Ratio Decidendi

The court found that the national government has not fulfilled its constitutional obligation under section 6(4) of the Constitution to regulate and monitor its use of official languages through legislative and other measures. The evidence showed that while some steps had been taken, such as drafting policy frameworks and establishing translation services, there was no comprehensive set of legislative and other measures in place to regulate and monitor the use of official languages. The court held that it could not compel the government to enact a national language law, as the Constitution does not require such a law specifically, but it could issue a declaratory order and a mandatory...

Court Disposition

Application granted in part; declaratory and mandatory orders issued against the Minister of Arts and Culture; costs awarded to applicant against third respondent.

Orders

  • It is declared that the national government is in breach of its obligation under section 6(4) of the Constitution to regulate and monitor its use of official languages through legislative and other measures.
  • The national Minister of Arts and Culture, Science and Technology, in her capacity as the responsible member of the executive, is ordered to comply with the said obligation within two years from the date of this order or to ensure compliance.