The South African government has been criticised for its failure to effectively promote and utilise African languages in official settings, despite their cultural significance. During Heritage Month, the country's 12 official languages, including South African Sign Language, are celebrated, but they remain marginalised in institutional settings. The Constitution and the Use of Official Languages Act 12 of 2012 provide a legal foundation for the promotion of African languages, but implementation has been lacking.
The dominance of English in official settings has resulted in a significant language barrier, particularly for those who do not speak the language fluently. This has led to unequal access to information, public participation, and human rights. Citizens are often expected to understand complex laws and policies written in technical English, which can be confusing even for proficient English speakers.
The issue of language access is a human rights matter, as it affects citizens' ability to exercise their constitutional rights. Section 9 of the Constitution guarantees equality, while section 32 protects access to information, and section 33 guarantees lawful, reasonable, and procedurally fair administrative action. However, these rights become difficult to exercise when people cannot understand the information or decisions affecting them.
To address this issue, the government has been urged to adopt a practical language access programme. This includes publishing plain language summaries of important legislation in all official languages, communicating decisions in the preferred official language of the affected person, and establishing a legal language unit to develop standardised terminology and verify translations.
The government can begin by translating laws affecting basic rights and essential services, and providing authoritative translations, plain language summaries, and community education materials. The cost of translation must be compared with the cost of misunderstanding, which can lead to missed appeals, unfair administrative outcomes, and exclusion from services.
Universities also have a role to play in promoting African languages as languages of law, science, and public policy. This can be achieved by investing in terminology, dictionaries, textbooks, and professional translation. African languages will only grow as languages of law and scholarship when institutions deliberately use and invest in them.
Ultimately, the true test of linguistic recognition is not whether an African language appears on a Heritage Month poster, but whether it helps a citizen understand a government decision, participate in policymaking, challenge injustice, and claim a constitutional right. Our languages must not only carry our songs, stories, and history but also carry our laws, policies, and rights.
Key points
- The South African government has a legal obligation to promote African languages, but implementation has been lacking.
- Language access is a human rights matter, affecting citizens' ability to exercise their constitutional rights.
- The government and universities must invest in promoting African languages as languages of law, science, and public policy.
