Lourens v Speaker of the National Assembly of Parliament and Others

The appellant, Mr Cornelius Johannes Alexander Lourens, an Afrikaans-speaking attorney, challenged the practice and rules of Parliament and the conduct of the Minister of Arts and Culture for introducing, processing, and publishing national legislation predominantly in English only. He alleged that the failure to publish Acts of Parliament in all 11 official languages constituted unfair language discrimination against non-English speakers, contrary to section 9 of the Constitution and the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (Equality Act). He sought a declaration of unfair discrimination and, on appeal, an order compelling Parliament and the Minister to ensure translation of all statutes into all official languages within a reasonable time.

The appeal was dismissed. No order as to costs was made.

This case clarifies the scope of language rights in the legislative process and confirms that the constitutional recognition of 11 official languages does not require legislation to be enacted or published in all of them. It affirms the distinction between equitable and equal treatment of languages, limits equality-based challenges to constitutionally authorised language practices, and underscores judicial restraint in relation to Parliament’s legislative processes.