Question NW3295 to the Minister of Justice and Correctional Services
15 December 2017 - NW3295
Alberts, Mr ADW to ask the Minister of Justice and Correctional Services
Whether the decision of the Chief Justice that in future English will be the official language of record in terms of section 8(5)(b) of the Superior Courts Act, Act 10 of 2013, was published in the Government Gazette; if not, why it was not considered necessary to do so; if so, in which Government Gazette; (2) whether he is aware of the decision of the Pan South African Language Board (PanSALB) published in Government Gazette No. 24121 of 29 November 2002 in respect of board decision 99 of 2002; if so, what steps his department has taken concerning the specified PanSALB decision; if not, (3) whether he will familiarise himself with the PanSALB decision and will take the necessary steps in this regard; (4) whether he will consider establishing legal certainty and affirming the separation of powers by making an amendment to subsection 8(3)(b) of the Superior Courts Act, Act 10 of 2013, which places a clear limitation on the competencies of the Chief Justice to take decisions regarding the language of record in courts?
Reply:
1.The decision of the Chief Justice that, in future, English will be the official language of record was not published in the Government Gazette.
I am not in a position to respond on behalf of the Chief Justice as to why it was considered not necessary to publish it in the Government Gazette, if it was considered as a decision falling under section 8(3) of the Superior Courts Act, 2013.
2. I am aware of the the decision of the Pan South African Language Board (PanSALB) published in Government Gazette No. 24121 of 29 November 2002, in respect of Board Notice 99 of 2002;
The Department of Justice and Constitutional Development is in the process of developing a policy on the interpretation service which includes provisions on the language of court proceedings (langauge use), as well as a possible position on the language of record for the courts. This policy will inform legislative reform to determine the language of record for the courts, as well as the language of court proceedings.
3. and (4) See response in point (2) above on legislative reform. Additionally, any legislative proposal must consider and uphold the principle of separation of powers between the executive and the judiciary.