The government was given a lifeline by the Pretoria High Court on Wednesday to finalise and promulgate a national language policy that would be in the interests of all its citizens.
The court found in March 2010 that the national government had neglected its duty to regulate and monitor the use of official languages by means of legislative and other measures in terms of the constitution.
The court gave the minister of arts and culture of the time, in his capacity as the responsible cabinet minister, two years to finalise and promulgate a national language policy. The deadline was set to lapse on Thursday.
But it was stated in papers before court that today’s Arts and Culture Minister, Paul Mashatile, and his department had worked non-stop to try to finalise the language Bill, but that more time was needed.
The minister launched an urgent application on Wednesday in which he asked that the deadline be extended by a year.
Brits attorney Cerneels Lourens, who initiated the application to force the government to honour its constitutional duty towards SA’s official languages, reached an agreement with the government on Wednesday in terms of which the deadline was extended to September 15.
This agreement was made an order of court by Judge Brian Southwood.
Lourens told the Pretoria News that the agreement that the time frame be extended for six months was sensible in the circumstances as all the relevant parties could now work together towards a uniform language policy.
However, he warned that if the government had not finalised its language policy by September 15 this year, he would be back in court to hold the minister in contempt.
Sibusiso Xaba, arts and culture director-general, said in papers before court that the use and regulation of language was a sensitive and complex issue.
“The legislation and issues arising from regulating and monitoring language use have attracted significant interest, debate and concern. It resulted in a consultative process and deliberations which have taken longer than was initially anticipated by the minister.”
He said Mashatile regarded this issue as so important that it had enjoyed his personal attention.
After a lengthy process, the bill was tabled in the National Assembly in November last year and later introduced to the portfolio committee. Deliberations are continuing.
Xaba said the minister and the department were always aware of the urgency to finalise legislation in this regard and the legislative process to promulgate this bill had progressed to the point where it had almost reached culmination.
Xaba said it wasn’t possible to give a precise estimate of when the bill would be enacted.
The aim of the bill is to regulate and monitor the use of official languages by the national government for government purposes. It will require the adoption of language policies by national departments and other public entities.
Lourens wants Parliament to publish all legislation in the 11 official languages. As things now stood, legislation was published in English, with which he did not have a problem, plus one other language on a rotation basis. He said acts of Parliament should be written in each official language as the constitution clearly stated there should be no discrimination. - Pretoria News