LITERATURE REVIEW
2.6 MISMATCH BETWEEN POLICY AND I'RACT ICE
The Constitution of South Africa allows for linguistic and cultural diversity. However, South Africa does not appear to be implementing Constitutional language clauses.
Sub-section 3a of the Constitution states:
"77/c 1I0liollal government and provincial governmenfs lIIay lise any particular oificiallallgllages/or Ihe purpose of goverllme11l, taking ;1110 aCCOlIlI1 IIsa!!i!.
praclicali(y, expel/se. regional C:'irpol1slallc(!s alld {lie 1xr/once Qflhe need.\" and
prt;/erences of/he population as Cl whole or in the province. ,.
McDermott (1998: 116) highlights the underlined words as " the ultimate cop-out".
The words allow for English to dominate the black languages in the sense that it is not yet practical or economically viable to promote the black languages. The Constitution sets out policy, then appears to demonstrate how to evade implementation! The previous apartheid government did not appear to have a problem consciously promoting Afrikaans.
2.6.1. MULTlLLNGUALISM AND FUNCTIONAL MULTlLlNGUALlSM:
There is an urgent need for South Africa to start implementing the language-related clauses of the Constitution if it wants to be a truly democratic, unified nation.
reflective of its rnulticultural, multilingual citizens. Monolingualislll does not promote national unity. It displaces black languages and is a step backwards. Wally Serote, Chaim1an of the Arts, Culture, Language. Science and Technology Pontoiio reaftirms the need for the nine African languages to be given the same status that was given 10
English and Afrikaans:
''To have a good sense qf who you are, I feel you have 10 be Kil'ell a chalice
10 he eloquent ill the lallKlloge you IlIIders/{tnd heSI "(City Press 11.10.1998)
In an attempt to promote multiJingualism in government circles among public servants, Deputy-Director of Language Planning, Dr Anne-Marie Beukes launched the
"Hoyozela" (xiTsong for "Welcome!") campaign. According to Beukes, the campaign
was designed to use multilingual ism for nation-building and to bring about lllutual respect and tolerance among people speaking other languages (City Press 11. t 0.1998).
Although multilingual ism is advocated by the Constitution, it would be not only tedious, but uneconomical and unrealistic if every document, report. or notice were to be presented in all eleven languages. One way of promoting all the languages could be through functional J11ultilingualism (Langtag 1996: Ill).
In the South Amcan context, functionalmultilingualism could be defined as the various languages functioning in different contexts. In the past English and Afrikaans functioned in all domains of public life in South Africa. The black languages were
given narrower functions. Since the Constitution has been implemented, the functions of the black languages have broadened accordingly. With the concept of functional multilingualisl11, each language will not have to function in every context. Users oflhe
different languages can decide the parameters of how, when and where to use a particular language, Because it is difficult to acquire equal proficiency in all eleven languages. a system of regional languages could be advocated. Functional multilingualism stresses the diversity of languages and their purpose in society. 11 is important to note that while the roles oflhe languages may not be identical, they can be complementary (Heugh 1996:41).
2.6.2. LANGUAGE AS A BASIC HUMAN RIGHT: ENSURING MUL TlLINGUALlSM:
According to the Bill of Rights (SectioI130):
"Ev(uyolle has the right 10 use Ihe language and par/icipale ill Ihe (;1I1111,.al l~fe
of fheir choice,"
It is beneficial to allow everyone the right to use the language of their choice. but communication is a two-way process, and if a speaker uses a particular language, it would be Utopian to expect any South African respondent to reply in the same language. It is therefore necessary to examine South Africa's plan of action to enSllre multilingualism.
In this regard the National Action Plan for the Protection and Promotion of HUlllan
Rights (NAP) was formed. South Africa's NAP was lodged with the United Nations on 10 December 1998, International Human Rights Day and the 50th Anniversary of the Declaration of Human Rights. NAP was supported by the South Africa's Former President, Nelson Mandela, who stated in the Foreword to the plan:
"7he experience of South Africans and ~f all peoples evelywl1ere has tauXhl
(haf ill order/Of" (he rights Clndfreedoms embodied ill the constitutioll 10 he realised, they mllsl become parI of the reality C?f citizens' lives. alld !he
illstitlltiolls prO/eclifl!! them must be deeply entrenched. "
It was hoped that the NAP would help South Africa achieve the human rights set out in the Constitution, and to overcome "the legacy of severe inequality we hell'l!
inherited" (Dr A.M. Omar, Minister of Justice, NAP 1998:3).
South Africa is still living under the legacy of an unequal and divided society. There is still large scale unemployment and lack of access to land, propel1y, resources.
education, health care and social services (NAP 1998: 15). This is irreconcilable with democracy, and what makes NAP important is that it is a government effort to implement practical and attainable plans to protect and promote human rights. Prior to the establishment of NAP, workshops were held countrywide with themes including Civil Rights, Political Rights and Cultural Rights. Cultural rights included language, heritage, religion, belief systems and customs. One of the key measures taken was the formation of the Commission for the Promotion and Protection or tile
Rights ofCulturai, Religious and Linguistic Communities.
2.6.3 FREEDOM OF CULTURE, RELIGION AND LANGUAGE:
Constitutional obligations which allow South African citizens to enjoy religious, cultural and language rights are contained in Sections 31, 185, 186 and 235. NAP does not only work in the South African context, but within international parameters.
It is guided internationally by:
- Article 27 of the Universal Declaration of Human Rights
- Article 15 of the International Covenant on Economic, Social and Cultural Rights - Article 30 ofllle United Nations Convention on the Rights oflhe Child
- Article 22 of the African Charter
(NAP 1998 128).
Because NAP has only recently been established, not much has been done thus far with regard to language rights, however, a national language policy is currently being drafted. Many challenges still face NAP. With regard to freedom oflanguage. as with the other human rights, NAP wilt have to do the following:
- continue to create an enabling environment for the respect and protection of linguistic rights
- provide adequate resources
- affirm diversity while building a common nation - strengthen PANSALB
- promote linguistic tolerance
2.6.4 THE ROLE 01' PANSALB:
The Pan South African Language Board (PANSALB) Act No.59 was legislated in
1995. PANSALB is an advisory, investigative and research body whose role is to co-
ordinate and promote the development of South Africa's language policy, legislation and practice. PANSALB's main functions include:
- the creation of conditions for the development and promotion of all South African languages.
- the extension of rights relating to language.
-the prevention of the use of any language for the purpose of exploitation or division. - the promotion of multilingualism.
PANSALB has the power to make recommendations on language policies and legislation. With regard to the promotion of multi lingua lis m the board can develop.
administer, monitor and implement programmes. The board can be approached by individuals with written suggestions, complaints, requests or queries relating to the development of languages, translation and interpretation facilities and linguistic exploitation, for example, if a worker does not get promoted because s/he is not fluent in English (Heugh 1995:21).
It is evident that, in theory, South Africa has the structures in place to ensure the equitable use of all languages, but such structures are very new. It has yet to be ascertained how often organisations such as PANSALB are approached by the public
and it what capacity, or perhaps complaints about language issues need to be publicised more in order increase public awareness.