The Department of Arts and Culture invites public comments on the draftSA Languages Bill, which is intended to become the SA Languages Act.
Written comments rnqbe forwarded to the Office of the Chief Director, National Language Service. Contact details are asfollows: National Language Service P/Bag X195 PRETORIA 000 1 30 NO.
To provide for an enabling framework for promoting South Africa's linguistic diversity and encouraging respect for language rights within the framework of building and consolidating a united, democratic South African nation, taking into account the brmd xcepiance of linguistic diversity, social justice, the principle of equal access 13pc~lcservices and programmes, respect for language rights, the establishment of ~z-qzqsssrvic-zs i:, ali spheres of government, the powers and functions of such srvices, an3 mztrscs conriecteci theravdn?
"Constitution" means the Constitution of the Republic of South Africa, 1996 (Act No.
"rotation" means the process by whichdocuments intended for the general public that are published and disseminated by any national government department and, mutatis mutandis. any provincial administration, will be available simultanecusiy in six of the languages as stipulated in section 5(2) of this Ac, or as determined by provincial measures?
provide framework facilitzleeffective implementation of constitutional concerning multilingualism.
The promotion and accommodation of linguistic diversity must be pursued in accordance with the Constitution and relevant international law.
The entrenchment of language equity and language rights must be pursuedin such a way thatboth national unity and democracy are promoted.
The learning of South African languages, especially the indigenous languages, must be encouraged.
Measures for the implementation of multilingualism must take into account the interests, needs and aspirations of all affected parties, and their participation in language matters must be promoted.
Theremust be intergovernmental coordination and harmonisation of policies, legislation and actions relating to the entrenchment and promotion of multilingualism.
(d)guide the interpretation, administration and implementation of this Act.
any institution exercising a public poweror performinga public function in terms of any legislation, subject to the provisions of section 5(5)(c).
3 provision of this Act, any person, court or tribunal shall prefer any reasonabie inrerpretation that is consistent with the objects of the Constitution ani this Act to any alternative interpretation that is inconsistent with the objects as contained in section 2.
iij the Pan South African Language Board established in terms of the Pan Swth African Language Board Act, 1995 Act No. 59 of 19951, are limited or undermined.
5(1) The application of this section and all measures taken in pursuance thereof shall ensure the equitable treatment and parity of esteem of the languages concerned.
In addition to the purposes in section 7(b), and subjecttothe provisions of subsection (51, government documents shall be made availableinall 11 officiallanguages, and in caseswhere this is not feasible, national government departments shall publish documents simultaneously in at least six official languages. The se!ection cf languages shall apply as is stated in subsection (3)(a) and on a rotational basis from the two categories of official languages in subsection (3)(a)(v) and (vi), except when the reievant organ of state or other institution can show that it is reasonably necessary to follow an alternative policy in the interest of effective governance or communication.
shallbeadoptedand implemented in consultation with the Pan South African Language Board; and comply with the provisions of sections 6(3)(a) and 30 of the Constitution.
legislative, executive and judicial functions of government in the prOVincia! and bcai spheres, proviaed that regional and local circumstances shall receive due recognition in addition to the factors referred to in paragraph (a).
institutions reierred toin section 4(l)(b) where applicable, and provided that the nature, aim and activities of such an institution receive due recognition in determining an appropriate language policy.
for each province in terms of provimlal legislation providing for the implementation of this Act.
Provincial governments shall take the necessary measures to support and strengthen the capacity of local governments to comply with the provisions of this Act and the constitutional provisions on language.
Wherean existing unit in any sphere of government is already involved in langusge matters, the relevant national department or province may assign such powers and functions to the unit as are necessary for the fulfilment of its obligaticns in terms of this Act and the Cons:iti;:ion.
written communication with the public; and international communication where applicable.
c, conduct language surveys and audits relevant to its sphere of activity with a view to assessing the appropriateness of existing language policy and practice.
do all things incidental to or necessary for the proper fulfilment of the obligations referred to in paragraphs (a) to (d).
establish new structures and programmes for the development of these ianguages! and support cross-border projects for the development of these languages in the Southern African region.
Without derogating from the provisions of the Pan South African Language Board Act, 1995 Act No.
shall, where applicable and when necessary. for the effective implementation of this Act and to avoid duplication of activities and services, liaise and cooperate with any other public or private body, institution or service that has the necessary resources and capacity to facilitate the effective implementation of this Act; and may enter into an agreement with any such person or institution for delivering a service or product, conducting research that will facilitate the implementation of this Act, the development of South African languages, or the adaptation or development of appropriate technology to facilitate the development and use of South African languages.
the Pan South African Language Board, which may take any action provided for in section 8(l)(b) to (d) of the Pan South African Language Board Act, (Act No. 59 of 1995).
where necessary, deal with any other matter that could contribute towards the promotion of multilingualism.
Any report submitted in terms of this section shali be duly taken into consideration by the relevant organ of state when subsequent measures for tne impiementation of this kci are taken.
the non-compliance with a recommendation, finding or decision of the Pan South African Language Board in relation to this Act.
an order for.
SI an order to comply with any prwision of: his Act, or a finding, recommenda!onor decision of the Pan South African Language Board: an appropriate order of costs against any party to theproceedings?
Nothing in this section derogates from any right of action a person might have other than the right of action set out in this section.
In proceedings under this section relating to a complaint against an organ or institution to whichthis Actapplies, the Court may admit as evidence information relating to any similar complaint under this Act or the Pan South African Language Board Act, 1995 (Act No. 59 of 1995), in respect of the same organ or institution.
Where the Court is of the opinion that an application in terms of this section has raised an important new principle in relation to this Act, the Court may order that costs be awarded to the applicant even if the applicant has not been successful in the result.