The CRL Rights Commission response to the Afriforum article "Afriforum launches campaign to save Afrikaans schools" by Alana Bailey

17 Jan 2012

The mandate of the CRL Rights Commission (hereinafter the Commission) is to protect and to promote Cultural, Religious and Linguistic rights of communities. It is in the light of this mandate that the Commission acknowledges and recognises the use of all languages that are recognised by the Constitution of South Africa that warrants the protection and the promotion of human rights and dignity expressed through the use of indigenous languages of the country.

The Commission is deeply concerned by the division that may be caused by the media statement issued by Afriforum, dated 15 January 2012. This relates to the disputed admission of learners at certain Fochville schools. The Commission supports the use of mother tongue instruction in schools, including Afrikaans. People do have a right to develop their own language, religion and culture, but they cannot exclude people from a government school on the basis of their language or religion, or any other factor listed in the right to equality section of the Bill of Rights (see below).

The Bill of Rights in the Constitution provides that everyone has a right to attend any school of their choice. On the right to equality, Section 9 provides that everyone has a right not to be discriminated against on the basis of his language.

Section 29 of the Constitution provides that everyone has the right ­ to education, and which the state, through reasonable measures, must make progressively available and accessible.

Everyone has the right to receive education in the official language or languages of their choice in public educational institutions where that education is reasonably practicable. In order to ensure the effective access to, and implementation of, this right, the state must consider all reasonable educational alternatives, including single medium institutions.

It is because of the above-stated provisions that the Commission supports the Department of Education in calling for all schools to be accessible to learners and students. The Commission also acknowledges the provision of single medium schools as long as that provision does not deny others access to the school of their choice based on the medium of instruction in that school. This would then be discrimination against some learners who are denied admission at that school.

The Commission's understanding is that the Department of Education is not forcing Afrikaans learners to use other languages but rather saying that a space should be created for other learners of different languages in so doing we will be building the nation.

There is an absolutely urgent need to redress the legacy of past racially discriminatory laws and practices. The current democratic dispensation allows respect of cultural, religious and language rights and the rule of law that must be realised by instilling a sense of worth and dignity for all languages in South Africa.

The Commission is available to comment further on this matter if requested to do so.

Statement issued by Botle Letsebe, Communications and Marketing Officer, Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, January 17 2012

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