state has to be taken to court to ensure compliance with constitutionally
guaranteed language rights. In 2012 the Use of Official Languages Act was
adopted after such litigation. The regulations of this act required of all national
state and state related departments and institutions to publish language policies
for public inputs and adoption before November 2014. A mere five institutions
(out of hundreds) complied with the requirements to a degree. The cut-off date
was postponed with six month for the rest. Meanwhile there is no legal
framework according to which these institutions may be held accountable when
minorities’ language rights are violated. This illustrates the blatant disregard the
ANC government has for basic human rights.
One of the worst cases we can use to prove the outcome of this situation,
involves the sexual abuse of a boy, aged four. In 2013 AfriForum became
involved in this case. The boy’s mother is a cleaner, earning less than 25 Euros
a month. When she discovered that he had been a victim of sexual molestation,
she immediately laid charges against the alleged offender. According to
procedure, a case worker should immediately have been appointed to evaluate
the boy and present the court with a report in order for legal action to proceed.
No case worker could be found that spoke the language of the child (which
incidentally is Afrikaans, the third most commonly used first language of the
eleven official languages of South Africa, spoken by 13,5% of all South
Africans). When still not having a report after more than two months, the court
threatened to dismiss the case. AfriForum stepped in and provided funding for
a private case worker to be involved. The trial is being heard now, with several
other victims of this man coming to the front to testify against him now. However,
how many similar cases of people being denied justice are out there simply
because they speak a minority language, have little income and are therefore in
effect sentenced to suffer atrocities?
The above-cited examples illustrate that a constitution may provide measures to protect
minorities against human rights violations, abuse, violence and atrocities. However it
also illustrates that bodies instituted to provide such protection, may even in a so-called
democracy, struggle to remain functional and impartial.
AfriForum suggests the following solutions:
Such institutions should be provided with adequate funding, in such a manner
that a specific majority, interest group or political party cannot sever the funding
or manipulate it in order to exert control over the body itself.
The spending of such funds should be transparent and staff misappropriating
resources should be held accountable immediately.
The processes followed to appoint staff, should be transparent and protected
from interference by any majority, interest group or political party. The
impartiality and credibility of staff should be unquestionable.