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(paragraphs 10.4 and 10.6), and not to language. In the circumstances, as has just been
suggested in respect of Article 19, paragraph 2, it is not for the Committee to construct a case on
this ground under Article 27, in the absence of a complaint from the authors.
4.
The majority members of the Committee have relied on the circular of the Regional
Commissioner but we do not think that the circular in any way supports the claim of violation of
article 19 paragraph 2. The circular is in the following terms:
“It has come to the attention of the office of the Regional Commissioner that some
Government officials handle (answer) official phone calls and correspondence in
Afrikaans contrary to the Constitutional provision that Afrikaans ceased to be the official
language in this country after 21 March 1990.
While it is understood that Afrikaans was for a very long time the official language, it
now officially enjoys the same status as other tribal languages.
All employees of the Government are thus advised to, in future, refrain from using
Afrikaans when responding to phone calls and their correspondence.
All phone-calls and correspondence should be treated exclusively in English which is the
official language of the Republic of Namibia.”
It is clear from the first paragraph of the circular that it is intended to apply only in relation to
“official phone calls and correspondence” handled by Government officials. The circular points
out that the handling of official phone calls and correspondence in Afrikaans was alright when
Afrikaans was the official language of the territory of the State, but since English has now
become the official language, Afrikaans is in the same position as other tribal languages and
consequently official phone calls and correspondence should be responded to by Government
employees only in English, which is the official language and not in Afrikaans.
5.
We fail to see how the circular can be construed as imposing any restriction on the right
to freedom of expression and to freedom to receive and impart information. When English is the
official language of the State, it is legitimate for the State to insist that all official phone calls and
correspondence should be responded to by Government officials in the official language, namely
English, and not in Afrikaans. The advice given by the Government to its officials not to use
Afrikaans, which has ceased to be the official language, but to use only English, which has now
become the official language, is confined only to official phone calls and official correspondence
and does not prevent any Government official from carrying on any conversation or
correspondence which is private and not of an official character. If any other view were taken,
namely that anyone in the territory of a State is entitled to carry on any official conversation or
correspondence with a Government official in any language other than the official language of
the State and that Government official is free to respond to such conversation or correspondence
in that language, it would create a chaotic situation because there would, in that event, be
multiplicity of languages in the official records of the State. The whole object of making a
particular language as the official language of the State would be defeated. We are therefore of
the view that the circular in question does not in any way violate article 19, paragraph 2 of the
Covenant.
6.
The suggestion implicit in the argument of the authors as set out in paragraphs 3(4)
and 3(5) is that the State party should have languages as Afrikaans in administration, Courts,
education and public life and that the absence of such legislation in the context of making
English the official language was violative of the Covenant. But this suggestion overlooks the