1. PUBLIC HEARINGS PORTFOLIO COMMITTEE ARTS AND CULTURE CHRIS SWANEPOEL Emeritus Professor 18 January 2012

2. DRAFT SOUTH AFRICAN LANGUAGES ACT, 2011 BAIE DANKIE VIR DIE GELEENTHEID OM KOMMENTAAR TE LEWER MANY THANKS FOR OPPORTUNITY TO COMMENT ON THE DRAFT ACT KE LEBOHA HAHOLO KA MONYETLA ONA WA HO HLAHISA MAIKUTLO A KA MABAPI LE MOLAO O TSHEPISANG ONA

3. TABLING OF BILL TO BE WELCOMED MAY THIS STEP CONTRIBUTE TO -FULFILLING THE INTENTIONS OF THE CONSTITUTION, SECTION 6 -PROVIDE PROPER MECHANISMS REGULATING AND MONITORING THE USE OF OFFICIAL LANGUAGES ON NATIONAL, PROVINCIAL AND LOCAL LEVELS OF GOVERNMENT

4. MAY THIS BILL (CONT.) -IN PARTICULAR EMPOWER THE INDIGENOUS LANGUAGES TO SUCH AN EXTENT THAT OUR RICH LANGUAGE HERITAGE BECOMES A PILLAR OF OUR INCLUSIVE NATIONAL IDENTITY AS A RAINBOW NATION.

5. THERE ARE RESERVATIONS “National government for government purposes” Clauses 2(a), 3 – What about the provinces? Are the legislatures expected to pass the same kind of Bill? What if they do not? Clarity on the position with provinces is needed and should be stated in the provision statement as well as in other clauses of the Bill (e.g. 2 and 3).

6. INTO BODY OF BILL THE MEMORANDUM ITEM 5 DOES STATE THE IMPLICATION FOR PROVINCES: “5.1 All government structures (national, provincial and local government) as well as institutions exercising a public power or performing a public function in terms of legislation will be bound by this Bill, when enacted”. This is helpful but should be brought into the body of the Bill, and clarified as suggested. See further …

7. RESERVATIONS (Cont.) Further to the above point – The empowering of all languages is distinctly possible on provincial level. If legislatures are expected to pass the same kind of Bill in their provinces with regard to the languages configuration in their constituencies, provincial should be added after NATIONAL at each reference. Timeframes are needed as well.

8. RESERVATIONS (Cont.) LOCAL GOVERNMENT LEVEL: WHAT GOES FOR LEGISLATURES EQUALLY GOES FOR MUNICIPALITIES. THIS IS THE LEVEL WHERE LANGUAGE NEEDS AND RIGHTS CAN BE TAKEN CARE OF AT ALMOST PERSONAL LEVEL. THIS BILL SHOULD MAKE OBLIGATIONS CLEAR. Compare previous slide.

9. COMMENT 1 “AT LEAST TWO LANGUAGES” (4(2)(b) – Stipulated already by the Constitution, this concession opens the way for the status quo, since only English and Afrikaans are likely to be chosen. What can be done to assure that an African language will be chosen according to provincial language demography? At least two >> preferably three.

10. COMMENT 2 The 11 official languages policy has great symbolic value but has not succeeded in being much more than symbolism – 15 years after acceptance of the Constitution. Eleven languages are simply too many to manage. The provincial and local government levels are key to realistic diversified demarcation of such a complex configuration.

11. COMMENT 3 The draft puts too much emphasis on monitoring of vague language provisions rather than on regulating the selection and empowering of languages. A case in point is the establishment of a “national language unit” or units (clauses 5-10) and its/their numerous functions. Clarity on exactly what on the use of which languages is needed.

12. NATIONAL PLANNING ISSUE The need for one or two national African languages will remain as the advantages of Swahili in Tanzania/East Africa show. Five centuries ago in Italy Dante Alighieri initiated the development of modern Italian from semi-urban varieties. Indeed, Rome was not built in a day. Long term language planning in SA is a matter of national concern which should eventually pass the scrutiny of national planning commissioners. Refer long term language planning to Minister Trevor Manuel’s National Planning Commission.

13. BEST WISHES Conclusion: May the passing of the Bill by Parliament be the turning point for the unsolved language debate in South Africa. Re se ke ra lahla monyetla o motle ona wa ho bopa bokamoso bo botle ho baahi bohle ba naha. Ditho tsa Palamente di se ke tsa tshaba o qoqa molao ona halelele. Ketso ena e tla kgothaletsa baahi ba naha ho inwesa ka nkgo ka nnete. Buabua re utlwe he! Baie dankie!