Tag archives: Constitutionality

What is ‘reasonably practicable’ for preferred language education?

By Patrick Bracher (ZA) on December 5, 2019 Posted in General

The South African Constitutional Court was called on to examine the 2016 Language Policy of Stellenbosch University which effectively gives preference to English in the circumstances specified in the Policy to advance the university’s goals of equal access, multi-lingualism and integration. The policy maintains and preserves Afrikaans but this is now subject to demand and … Continue reading

The test for rationality and constitutionality of legislation

By Patrick Bracher (ZA) on August 23, 2017 Posted in General

Where a court is asked to set aside legislation on the grounds that it breaches the principle of legality because the law is not rationally connected to the legitimate government purpose for which it is passed, the threshold is low. The connection must not be arbitrary but the law can be based on a reason … Continue reading