Abstract
This article explores the evolving jurisprudence of the Constitutional Court of South Africa on language rights, beginning with the landmark judgment in AfriForum v University of the Free State (2018). In this case, the Constitutional Court upheld the University of the Free State's shift from a dual-medium Afrikaans-English policy to an English-dominant model aimed at fostering inclusivity and dismantling the racial segregation associated with Afrikaans. Interpreting section 29(2) of the Constitution, the Court emphasised the need to balance the right to a language of choice in education with the imperatives of equity, non-racialism and broader access to education. Subsequent decisions, including Gelyke Kanse v Chairperson of the Senate of the University of Stellenbosch and Chairperson of the Council of UNISA v AfriForum NPC, have affirmed this approach, further entrenching the principle that language rights must be weighed against the constitutional values of equality and social cohesion. However, the extent to which this jurisprudence aligns with the Use of Official Languages Act of 2012 remains uncertain. The recent constitutional amendment recognising South African Sign Language (SASL) as the 12th official language has further highlighted the need for coherence between legislative developments and judicial interpretations. This article critically examines the trajectory of the Court's language rights jurisprudence, assesses its alignment with statutory frameworks, and proposes a forward-looking approach to official language policy that promotes inclusivity, linguistic diversity and constitutional harmony. ACKNOWLEDGEMENTS: I thank Prof Gustav Muller for his valuable suggestions on the first draft of this contribution, as well as the other reviewers for their constructive comments.