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Submission on the Constitution [1994] ZAConAsmRes 81 (27 December 1994)

 

Dear Sir/Madam
SUBMISSION ON THE CONSTITUTION@
In response to your public invitation, I enclose a submission on LANGUAGE POLICY for the new Constitution. I am not sure to which Theme Committee it should be directed.
Yours faithfully
(Prof.) Elwyn R. Jenkine








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LANGUAGE POLICY
SUBMISSION TO THE CONSTITUTIONAL ASSEMBLY
(PROF.) ELWYN R. JENKINS




LANGUAGE POLICY

1. Lanauage and the Rill of Rights

1.1 The new Constitution should continue to make language a right.

1.2 Language rights should continue to be individual rights, not group rights.

2. Official languages

2.1 The official languages should continue to be the eleven languages that were made official languages under the Interim Constitution.

2.2 The "non-diminution" clause of the Interim Constitution that ensured the same rights for languages that they had previously enjoyed should be removed, for two reasons:
(i) This clause contradicts the clause which makes all eleven languages equal, and it is proving an obstacle to the implementation of a policy of equal treatment for all official languages.

(ii) By the end of the period covered by the Interim Constitution, the country will have grown more accustomed to the implications of a policy of equal treatment for all eleven languages, and patterns of language use will have changed accordingly. In its submission to CODESA, the English Academy of Southern Africa advised that a new constitutional dispensation for languages kould have a rapid effect on how languages are used in practice, and that legislators should be prepared to make fairly frequent changes to laws in order to accommodate these changes. After a few months people's attitudes and the practical use of languages have already changed, and these changes can be expected
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to increase in the remaining period before the new Constitution comes into effect. It is a well known principle of language planning that legislation has to follow practice because it is not possible to control language use to a significant extent through legislation. The new Constitution should, therefore, be more open-ended and not include such a stultifying, retrospective clause.

3. in emph

The new Constitution should move from an emphasis on protecting languages to puttina lanauaaes to use. The proposals which follow have this aim in view.

4. National lanauage Do

A national policy for languages should be developed which will contribute to national goals. Languages should be approached as a national resource for the promotion of such matters as social development, employment and the export trade, as well as in the traditional fields of culture and the media. PANSALB must have the powers to see that national policy is implemented in all government departments.

For example, language policy in education should be subordinate to national goals, and it should not be left to education officials to formulate this policy without reference to broader considerations. Language policy in education includes what languages are taught (including foreign languages), in what school years, and for what, purpose&. A much more subtle range of aims, content and methods for language teaching than we have had in the past should be developed: for example, whether a language is to be taught only for receptive understanding, or whether basic reading and writing skills will be taught, or full spoken and written competence; and whether language teaching should include the teaching of the

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associated culture of mother tongue speakers. Naturally, the Constitution would not go into this sort of detail, but it is mentioned here in order to indicate how important it will be in future to ensure that education policy is accountable to national goals.
5. The Pan-South African Lanauaae R@.@

5.1 PANSALB should be kept, but the Constitution should give more clarity on its line of responsibility, its accountability, its source of funding, and its relation to the Provinces.

5.2 The position of PANSALB within government and its powers should ensure that it is in a position to implement a national strategy for language development.

6. State gubsidi

The Constitution should make it possible for the State to grant subsidies to private institutions such as schools and cultural and arts bodies, and projects such as dictionaries, which are based on language criteria.






E.R. Jenkins

27 December 1994