Abstract

CARNEY, Terrence R. What does the Constitution actually say? Notes on constitutional language rights and their limitations. Tydskr. geesteswet. [online]. 2025, vol.65, n.1, pp.441-450. ISSN 2224-7912.  https://doi.org/10.17159/2224-7912/2025/v65n1a19.

Many South Africans refer to concepts like "the law" and what is "legal" without really knowing what the law entails. This is especially true of the Constitution and specifically language rights. Do South Africans in general know what the Constitution says about language, and do speakers of Afrikaans in particular know how Afrikaans is protected? Constitutional literacy is a requirement of good citizenry and good citizenry implies knowledge and comprehension of the Constitution. Since Afrikaans was elevated to official language status in 1925, South Africa has seen five different constitutions implemented. A clear shift is visible where Afrikaans became one of only two languages to serve as communication medium of the state. During this period, the duty to understand government fell to citizens. However, since the 1993 interim constitution, Afrikaans shared a more inclusive space with other languages and the duty to understand fell to government. Another visible shift is seen in both the progression and regression of Afrikaans as language of higher function. In the first 69 years as official language, Afrikaans grew in leaps and bounds but rapidly lost ground after 1994 in favour of English. Despite the fact that the new South African language dispensation has had a negative influence on the use and acceptance of Afrikaans in certain higher domains, the current Constitution still offers its speakers a number of fundamental rights through sections 6, 9, 29 and 35. So, what does the Constitution actually say? Afrikaans is protected as one of the official languages of South Africa. Even though government and state departments are very lax in using languages apart from English, government still has a duty to communicate in Afrikaans, or welcome communication in Afrikaans directed at government, where practicable. The Constitution also protects Afrikaans as South African cultural heritage and prevents anyone from discriminating against speakers of Afrikaans based on language and cultural practice. In addition, speakers of Afrikaans have the right to receive education in the Afrikaans language, where this is practicable and fair. The Department of Education or educational institutions may not remove Afrikaans as language of tuition where there is a clear need and appreciation for Afrikaans and where implementation of an Afrikaans language policy does not prevent others from practising their constitutional rights. Lastly, anyone who finds themselves within reach of the long arm of the law is entitled to clear and understandable communication. This means that speakers may insist on speaking Afrikaans, either directly or through an interpreter, when they engage various authorities. For speakers of Afrikaans to assert their constitutional language rights, they must improve their constitutional literacy on the one hand, and they must become active citizens in their democracy on the other. Ensuring that government fulfils their constitutional promise regarding Afrikaans, speakers must vigilantly police the state and hold it accountable where reasonable. That said, ordinary citizens are not the only ones with a responsibility. Linguists and language scholars can make valuable and necessary contributions as well. Linguists can assist by investigating the ways that speakers use language to communicate with government, and to monitor government's use and abuse of language. It is vital to understand how language functions and changes, and what limitations and challenges languages like Afrikaans experience within the much broader domain of the law. With a view of the next hundred years, there is a lot of work to be done.

Keywords : Afrikaans; constitution; constitutional literacy; constitutional language rights; official language.

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