AfriForum and the DA have criticised the Legal Practice Council (LPC) for its recent decision to restrict all its entrance exams for candidate lawyers to English.
The LPC, however, says such a decision is in line with English being the only language of record in courts and its own internal policies.
In late December, the LPC, which is the statutory regulatory body over the legal profession, published a notice concerning its 2024 exams. “From the first sitting of the examinations in 2024,” the December 2023 notice said, “all examinations will be offered in English only.”
The LPC exams are required for candidate legal practitioners — such as pupils at the bar and candidate attorneys at firms — prior to being admitted in court as full practitioners.
The exams are also required when a current practitioner wants to become a notary or conveyancer.
The December 2023 notice explained that this decision was in line with the LPC internal Language Policy, which adopted “English [as] the language of record”.
Previously, LPC exams were offered in Afrikaans. However, English has, for some time, been the dominant language in the SA legal sphere.
For example, in 2017, a heads of court meeting chaired by then chief justice Mogoeng Mogoeng resolved that English would “be the language of record” for the high courts and their equivalent (like the labour court), Supreme Court of Appeal and Constitutional Court.
In 2020, the LPC then adopted its English language policy.
In response to the LPC’s exam language decision, AfriForum labelled this an “attack” on Afrikaans. “The solution is to extend language rights and make the examination material available in more languages,” AfriForum’s Alana Bailey said on Monday. “Instead, the LPC’s solution is to deprive even more people of their language rights. This is clearly an attack against Afrikaans and Afrikaans-speaking legal professionals.”
Meanwhile, DA MP Werner Horn said in a statement on Monday that, “we believe that the constitutional ideal should emphasise … the status and use of multiple languages, rather than imposing restrictions.”
Horn noted that the first 2024 exams were scheduled for as early as March. “It is disheartening to learn that legal practitioners studying in Afrikaans were only informed of this policy shift weeks before their exams,” Horn, who himself practised law prior to being an MP, said: “[This undermines] their preparation … potentially affecting their performance.”
When asked for comment, the LPC said: “There is a perception that those who answer examinations in Afrikaans are given an unfair advantage over other candidates who are also not mother-tongue English speakers.”
Furthermore, the decision was consistent with its 2020 language policy.
“Before the policy was adopted,” the LPC said, “there was consultation with the profession, stakeholders, and interested persons, who sent comments and made submissions in this regard. All the submissions were thoroughly debated and considered, and the policy was adopted at a council meeting. The policy was then published to the profession.”
All LPC’s communications therefore were in English and this “includes examinations and assessments conducted through the LPC.” This was also in line with 2017 decision that all higher court proceedings would be in English.
AfriForum, however, was unconvinced. “Although the court record language is currently English only,” AfriForum’s Bailey said, “attorneys provide extensive services to the public.” This includes contract and will drafting, as well as general consultation. “Misunderstandings due to translation errors can result in damages for the clients, malpractices and travesties of justice.”
The DA is also unconvinced by depending on and restricting court language to English. “This approach,” Horn says, “risks undermining the administration of justice and the functionality of the legal system. A diverse linguistic landscape is essential for a robust legal framework that truly serves the interests of all South Africans.”
At this stage, neither the DA nor AfriForum have challenged the decision in court and are awaiting a formal response by the LPC.
According to Statista, by 2018, Afrikaans was the third most spoken language by individuals in SA households, after isiZulu and isiXhosa. However, English was the second-most spoken language outside of homes. Furthermore, says the LPC, English is “the predominant language used in business, international politics, commerce, and industry.”
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