EDL3703
ASSIGNMENT 2 SEMESTER 1 2025
UNIQUE NO.
DUE DATE: 26 MARCH 2025
, EDL3703
Assignment 2 Semester 1 2025
Unique Number:
Due Date: 26 March 2025
Education Law
The Right to Receive Education in a Language of Choice in South Africa
The right to receive education in one’s preferred language is an important and
sometimes controversial issue in South Africa. Section 29(2) of the Constitution states
that everyone has the right to receive education in an official language of their choice
where it is "reasonably practicable." This means that while the government should try to
provide education in a person’s chosen language, it also has to consider whether it is
realistic and possible to do so.
Over the years, South African courts have had to interpret what "reasonably practicable"
means in different situations. Here are three key cases where the courts have made
important rulings on this issue:
1. Minister of Education v Gauteng Legislature (Hoërskool Ermelo case, 2009)
This case involved Hoërskool Ermelo, an Afrikaans-medium school in Mpumalanga.
The school’s governing body insisted on keeping Afrikaans as the only language of
instruction, but the Gauteng Education Department wanted to change it to a dual-
medium school (Afrikaans and English) to accommodate more students. The
department argued that many English-speaking learners in the area needed space, and
the school had extra capacity.
The Constitutional Court ruled that the governing body had the right to decide on the
school’s language policy, but this right was not absolute. If a school’s language policy
unfairly excluded students or was not in line with the principles of equality and
accessibility, the government could step in. The court emphasized that language
ASSIGNMENT 2 SEMESTER 1 2025
UNIQUE NO.
DUE DATE: 26 MARCH 2025
, EDL3703
Assignment 2 Semester 1 2025
Unique Number:
Due Date: 26 March 2025
Education Law
The Right to Receive Education in a Language of Choice in South Africa
The right to receive education in one’s preferred language is an important and
sometimes controversial issue in South Africa. Section 29(2) of the Constitution states
that everyone has the right to receive education in an official language of their choice
where it is "reasonably practicable." This means that while the government should try to
provide education in a person’s chosen language, it also has to consider whether it is
realistic and possible to do so.
Over the years, South African courts have had to interpret what "reasonably practicable"
means in different situations. Here are three key cases where the courts have made
important rulings on this issue:
1. Minister of Education v Gauteng Legislature (Hoërskool Ermelo case, 2009)
This case involved Hoërskool Ermelo, an Afrikaans-medium school in Mpumalanga.
The school’s governing body insisted on keeping Afrikaans as the only language of
instruction, but the Gauteng Education Department wanted to change it to a dual-
medium school (Afrikaans and English) to accommodate more students. The
department argued that many English-speaking learners in the area needed space, and
the school had extra capacity.
The Constitutional Court ruled that the governing body had the right to decide on the
school’s language policy, but this right was not absolute. If a school’s language policy
unfairly excluded students or was not in line with the principles of equality and
accessibility, the government could step in. The court emphasized that language
