Democracy and Governance:  

What does active citizenship mean in today’s South Africa?:  

Ms Z Tom (PhD Candidate at Nelson Mandela University)

Democracy is often measured through elections, but active citizenship extends far beyond the ballot box. It is also expressed through the policies that shape our institutions, the languages through which people access justice and the opportunities citizens have to participate meaningfully in decisions affecting their lives.

As part of the What Remains in Our Hands to Change reflection series, Ms Zizipho Tom examines democracy and governance through the interconnected lenses of language justice, civic education and public participation. Her reflection invites us to consider what must change for South Africa’s democratic institutions to reflect the dignity, languages and lived realities of all its people.

Active citizenship is not only about voting. It also means understanding policy processes, participating in public decision-making and ensuring that institutions, including the justice system, recognise and reflect South Africa’s multilingual and multicultural society.

In democratic South Africa, languages are socially stratified. Conducting studies on the inequality of languages in South Africa is rooted in the country's history that left African languages marginalised. There have been attempts to correct the ills of the past since the dawn of democracy through a revised constitution, ongoing research, activism and policy change. However, it is essential to reflect on the attempts made and whether they have effectively restored equity and dignity to previously marginalised South Africans. Ongoing conversations and research are crucial, including adding to knowledge creation by Africans for Africans. In my research I have found that the current language policy in the Department of Justice & Constitutional Development is identical to that of the British rule (1827), where English was not only the sole official language in South Africa but also the only language of record in the judiciary. The roots of colonialism remain deeply entrenched in 133 South African governmental departments, 32 years after democracy. 

It is noteworthy, that the monolithic approach was decided by the Heads of Court in 2017, without any citizens informed, resulting to no public participation. Furthermore, the policy decision taken was not gazetted. A different approach would have yielded different results. This highlights the importance of public participation in the creation of policies, because the major stakeholders in policymaking, are the citizens. Government should always ensure that such decisions follow due process to ensure democratic consolidation. 

Equally so, civic education is important factor to ensure active participation in democracies. South Africans must be aware that they can contribute and influence policies and what the process entails. Many view voting as the only way to be an active citizen. This is due to limited access to civic education and lack of information. Knowledge is power and through civic education, South Africans are empowered to influence and shape policies that effect their daily lives. 

Significant work has been done in attempting to creating parity of esteem for South African languages in the judiciary. Such as creating a glossary of legal jargon for South African indigenous languages and attempts to professionalise court interpreting. However, in the light of the plight for decolonisation, the Roman – Dutch law system used in South Africa should be problematised and challenged. The legal system used in South Africa exacerbates language challenges. Therefore, for a language challenge-free legal system, we need one that is not foreign to the people it is meant to serve, their cultures and ways of life. Furthermore, the judiciary needs to uphold the dictates of the SA Constitution and reflect the multilingual and multicultural society that it is in. Lessons can be learned from the pilot projects in KwaZulu Natal that attempted to use indigenous languages during court proceedings in 2008. This can help shape future language policies and planning around the use of languages in the justice system. Social justice means that everyone must participate in society in parity of esteem. Currently this is not the reality for most South Africans when they use the justice system. Parity of esteem in participation can be possible, if the roots of inequality are properly identified, challenged, and addressed. Including empowering the public with all needed civic education.

Knowledge Action: Learn how public policy decisions are made and take part in civic processes that affect your community, language rights and access to justice.