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The University of Pretoria’s (UP) new language policy does not pass constitutional muster and leaves the university open to legal challenges.

In terms of the Higher Education Act, section 27(2), a university has the right and responsibility to determine its language policy, subject to the national policy of the Minister of Higher Education. In this regard, the national policy describes Afrikaans as medium of instruction as a “national asset”. The Ministry “acknowledges that Afrikaans as a language of scholarship and science is a national resource...(and) fully supports the retention of Afrikaans as a medium of academic expression and communication in higher education, and is committed to ensuring that the capacity of Afrikaans to function as such a medium is not eroded” (par 15.4). There are therefore no legal impediments from government’s side on the UP accepting Afrikaans (and any other language) as a language of instruction.

Issued by FW de Klerk Foundation