Yesterday, a milestone and precedent setting judgment was handed down in English and Xhosa,by the Supreme Court of Appeal in Afriforum NPC v Chairperson of the University of South Africa [2020] ZASCA 79 ( 30 June 2020) . It’s inspiring not only from the substantive issue perspective whereby it held that the language of learning policy of UNISA removing Afrikaans as a language of learning and tuition was unconstitutional and set aside but that we as commissioner should likewise emulate this when we draft and submit our awards.

In this way we fulfill, in my opinion, an integral aspect in furthering the principle of access to justice by communicating our findings in the language of understanding of the parties.

Saber Ahmed Jazbhay

1 July 2020