Before the advent of democracy, South African higher education was largely segregated and hierarchically classified primarily through race and ethnicity. Race and ethnicity created further demarcations that were amplified in language differentiations under apartheid legislation, notably through the Extension of University Education Act of 1959. Universities were divided into two main categories. Well-resourced universities, which were reserved for white students, and low-resourced universities, which were reserved for African (with different ethnic groups), Coloureds, and Indian students. Regardless of the classification, English and Afrikaans were the only languages of instruction in law schools.
In the post-apartheid era, some transformation has occurred in South African law schools. Students, regardless of race or ethnicity, can now attend any university. Most universities have now adopted English as the primary medium of instruction. However, indigenous languages remain unused as the languages of instruction or assessment in legal education, even while the vast majority of students in law schools are African and speak indigenous languages.
The School of Law at the University of KwaZulu-Natal (UKZN) is committed to advancing the use of indigenous languages, particularly isiZulu, in legal education, transformative pedagogy, and decolonized legal scholarship. Indeed, this accords with the UKZN language policy aim to “achieve for isiZulu the institutional and academic status of English.” This colloquium seeks to address and promote the integration of indigenous languages, like isiZulu, into legal education. It proceeds from the understanding that indigenous language legal education is consistent with core constitutional values that seek to heal the division of the past and restore human dignity.
