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For a full, easy to read introduction to the issue of Language Rights and Schools, please download Language Rights and Schooling in our “Education Rights for Learners, Parents, and Educators” series. |
1. According to Section 29(2) of the Bill of Rights, everyone has the right to receive education in the official language of his/her choice in public educational institutions where that education is ‘reasonably practicable’.
2. This means that the learner (in the case of a minor, his/her parents) must choose the language of teaching of the learner on admission to a particular school.
3. If the language chosen is not available, a learner may request the language of his/her choice. It is ‘reasonably practicable’ to provide education in a particular language of learning and teaching if at least 40 learners in Grades 1 to 6 or 35 learners in Grades 7 to 12 request it at a particular school.
4. Where there are less than the above-mentioned numbers of learners making a request in a particular grade, the Head of the Department of Education must determine how the needs of these learners can be met. He or she is obliged to consider the advice of the school governing body, the principal and the school generally. He or she should also take into account other factors such as the need to achieve equity and the need to redress racially discriminatory practices.
5. If a learner or governing body is dissatisfied with the decision of the Head of Department, they may appeal to the MEC for Education in the province within 60 days. If still dissatisfied they may still approach the Pan South African Language Board or the Arbitration Foundation of South Africa.
See: Norms and Standards for Language Policy in Public Schools
