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There is hardly a dispute that the framework for language in higher education also reflects the values and obligations of the Constitution, especially the need to promote multilingualism, and it commits (as it were) to an attempt to ensure that all the official languages are accorded parity of esteem. [6] It remains a fact that in relation to languages of instruction the Ministry: (a) acknowledges the prevailing position of English and Afrikaans as the dominant languages of instruction in higher education and believes that it will be necessary to work within the confines of the status quo until such time as other South African languages have been developed to a level where they may be used in all higher education functions (para 15.1 of the LPHE); (b) acknowledges that Afrikaans as a language of scholarship and science is a national resource and, therefore, fully supports the retention of Afrikaans as a medium of academic expression and communication in higher education and is committed to ensuring that the capacity of Afrikaans to function as such a medium is not eroded (para 15.4 of the LPHE); (c) does not believe, however, that the sustainability of Afrikaans in higher education necessarily requires the designation of the University of Stellenbosch and the Potchefstroom University of Christian Higher Education (now the North West University ("NWU")) as "custodians" of the academic use of that language as proposed by the Committee (para 15.4.1 of the LPHE); (d) also agreed with the Rectors of the Historically Afrikaans Universities that the sustained development of Afrikaans should not be the responsibility of only some of the universities (para 15.4.2 of the LPHE); (e) is of the view that the sustainability of Afrikaans as a medium of academic expression and communication can be ensured through a range of strategies which include the adoption of parallel and dual language medium options which would, on the one hand, cater for the needs of Afrikaans language speakers and, on the other, ensure that the language of instruction is not a barrier to access and success, to which end the Ministry committed itself, in consultation with the historically Afrikaans medium institutions, to examine the feasibility of different strategies, including the use of Afrikaans as a primary but not a sole medium of instruction (para 15.4.4 of the LPHE).

It must be mentioned that the LPHE seeks to balance, on the one hand, the needs to transform higher education, and in particular to prevent institutions' languages of instruction from impeding access and success by people who are not fully proficient in English and Afrikaans on the other hand, the development of multilingualism in those institutions' day-to-day functioning and core activities, including the development of indigenous African and other languages as scientific and academic languages.

(para 4 of the LPHE); (e) The challenge facing higher education is to ensure the simultaneous development of a multilingual environment in which all South Africa's languages are developed as academic/scientific languages, while simultaneously ensuring that the existing languages of instruction do not serve as a barrier to access and success.

(S 29 (2) of the Constitution and para 3.1.2 of the LPHE); (d) The role of language and access to language skills are critical to ensure the right of individuals to realise their full potential to participate in and contribute to the social, cultural, intellectual, economic and political life of the South African society.

This application is strenuously resisted by the respondents.

Prior to presentation of oral submissions, the parties informed the Court that they have reached an agreement to the effect that all these issues would be argued together with the main matter and this duly occurred.

[4] Mr Heunis correctly contended that the language policy determined by the Council of the University has to be informed by the LPHE and all such policies (including the LPHE itself) have to comply with Sections 29 (1) (b) and 29 (2) of the Constitution.

He referred us to some provisions of the LPHE which he described as directly pertinent and which echo provisions of the Constitution, namely: (a) .

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