Lessons from the Supreme Court of Appeal: handing down arbitration awards in dual languages?

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

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s