EDL3703 Assignment 2 2025 | April 2025

Description

EDL3703 Assignment 2 2025

Question:
The right to receive education in an official language or in a language of choice (section 29(2) of the Constitution) is becoming an ever-\ increasing debate in South Africa. With reference to three relevant cases, discuss how the courts have interpreted this section of the Constitution thus far. (25 marks)

Interpreting Section 29(2) of the Constitution: The Right to Education in a Language of Choice in South African Jurisprudence

Introduction
Section 29(2) of the Constitution of the Republic of South Africa, 1996, guarantees the right to receive education in an official language of one’s choice where such education is “reasonably practicable.” This provision seeks to reconcile South Africa’s multilingual identity with the constitutional imperatives of equity, redress, and inclusivity. However, the interpretation of what constitutes “reasonably practicable” has sparked significant legal and societal debate, particularly in light of the country’s apartheid-era legacy of linguistic segregation. The courts have played a pivotal role in defining the scope of this right, balancing individual language preferences with broader socio-educational objectives. We examines three landmark cases- Head of Department: Mpumalanga Department of Education v Hoërskool Ermelo (2010), AfriForum v University of Pretoria (2017), and Laerskool Middelburg v Departementshoof, Mpumalanga Department van …….