SASA – Chapter 2 (LEARNERS) Regulation 6 – Language Policy of Public schools.

6. Language policy of public schools.

(1) Subject to the Constitution and this Act, the Minister may, by notice in the Government Gazette, after consultation with the Council of Education Ministers, determine norms and standards for language policy in public schools.

(2) The governing body of a public school may determine the language policy of the school subject to the Constitution, this Act and any applicable provincial law.

(3) No form of racial discrimination may be practised in implementing policy determined under this section.

(4) A recognised Sign Language has the status of an official language for purposes of learning at a public school.

6A.   Curriculum and assessment.

(1)  The Minister must, by notice in the Government Gazette, determine
(a) a national curriculum statement indicating the minimum outcomes or standards; and
(b) a national process and procedures for the assessment of learner achievement.

(2)  The curriculum and the process for the assessment of learner achievement contemplated in subsection (1) must be applicable to public and independent schools. [S. 6A inserted by s. 3 of Act No. 50 of 2002.]

6B.   Non-discrimination in respect of official languages.

The governing body of a public school must ensure that
(a) there is no unfair discrimination in respect of any official languages that are offered as subject options contemplated in section 21 (1) (b); and
(b) the first additional language and any other official language offered, as provided for in the curriculum, are offered on the same level. [S. 6B inserted by s. 6 of Act No. 15 of 2011.]

The possibility of exclusion due to the language policy, is possible when there is but only one public school in the area, The language policy of a school may be determined by the SGB, but not at cost of excluding certain language groups. As much as Xhosa as a First language subject and Afrikaans as a First language subject may be taught at a school, a dangerous precedent is being set by not offering English as a First Language subject. The same to be said if the predominant ethnic language, is not included into the school’s curriculum.