Section 6 of the Schools Act deals with language policy in public schools at two levels: provincial and individual school level. At provincial level, the MEC responsible for education in each province must decide on the norms and standards for language in the province, and at school level, SGBs must develop a language policy for their school that specifically promotes the best interests of the community where the school is located. 

Section 3(3) of the Schools Act requires the MEC to ensure that there are enough places in schools so that every child who has to go to school (children between the ages of seven and 15 years) can attend school. This means that the MEC must make sure, within reason, that every learner has a place in a school that offers their preferred language of instruction. The school governing body’s power to develop a language policy is therefore limited by the following: 

• The language policy must be consistent with the norms and standards made by the MEC

• The language policy cannot discriminate against learners on the grounds of their race, culture or ethnic or social origin (or any other grounds)

• The language policy must facilitate access to school for learners in the community and must take into account what the community’s needs are regarding a teaching language for children at the school 

• The language policy must promote the best interests of the broader community.

What this means in practice is that while the SGB makes the language policy of the school, the MEC may intervene if the language policy is discriminatory, if it unfairly restricts access to the school, or if it is unreasonable in any other way.

If no school in the school district offers a learner’s preferred teaching language, the learner can ask the provincial education department to make provision for that learner: 

• If there are at least 40 learners in the same grade (in grades 1 to 6), or at least 35 learners in the same grade (in grades 7 to 12), wanting a particular language of instruction; the norms and standards provide that it will be reasonably practical to provide education in that language and the provincial education department must facilitate this.

• If a smaller group of learners wants a particular teaching language, it may not be reasonable to provide this. However, the head of the provincial education department must still consider how to assist the learners and must consult the SGBs and the principals of the schools concerned to make a decision.

Even if the school cannot offer education in a particular language, and the learner must learn in a language that is different to their home language, the head of the provincial education department must still consider how it can provide additional support to that learner.