South Africa Case Law

Afriforum and Another v Chairperson of the Council of the University of Pretoria and Others (54451/2016)

Afriforum and Another v Chairperson of the Council of the University of Pretoria and Others (54451/2016) [2016] ZAGPPHC 1030; [2017] 1 All SA 832 (GP) (15 December 2016)

Court

North Gauteng High Court, Pretoria

Case number

54451/2016

Judges

Kollapen, Mabuse, Baqwa

The court found that the University of Pretoria's Senate and Council had properly considered all relevant factors, including constitutional and statutory requirements, demographic changes, declining demand for Afrikaans tuition, and the need for social cohesion and transformation. The decision to adopt English as the sole language of instruction was reached after a thorough, transparent process and was consistent with section 29(2) of the Constitution. The court held that the concept of 'reasonably practicable' is context-sensitive and includes considerations of equity, practicability, and re…

Source excerpt

• Language Rights In Education
• Section 29 2 Constitution
• Higher Education Act
• Institutional Language Policy
• Discrimination
• Review Of Administrative Action

University of the Free State v Afriforum and Another (929/2016)

University of the Free State v Afriforum and Another (929/2016) [2016] ZASCA 165; [2017] 1 All SA 79 (SCA); 2018 (3) SA 428 (SCA) (17 November 2016)

Court

Supreme Court of Appeal

Case number

929/2016

Judges

Cachalia, Swain, Mathopo, Fourie, Schippers

The SCA held that Afriforum failed to prove exceptional circumstances or irreparable harm under section 18, and upheld the appeal against implementation pending appeal.

• Suspension Of Orders Pending Appeal
• Exceptional Circumstances
• Irreparable Harm
• Costs In Constitutional Litigation
• Language Rights In Education
• Suspension-of-orders-pending-appeal

Afriforum and Another v Chairman of the Council of the University of the Free State and Others (A70/2016)

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)

Court

Free State High Court, Bloemfontein

Case number

A70/2016

Judges

Hendricks, Mokgohloa, Motimele

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 res…

Source excerpt

• Language Rights In Education
• Section 29 2 Constitution
• Reasonable Practicability
• Non-retrogression
• Unfair Discrimination
• Higher Education Policy