Pan South African Language Board v Member of The Executive Committee for Roads, Transport and Community Safey, North West Province

• Jurisdiction: South Africa
• Judge: Landman J
• Judgment Date: 19 June 2007
• Docket Number: 1554/06
• Court: Bophuthatswana High Court
• Hearing Date: 28 June 2007
• Citation: 2007 JDR 0718 (B)

Landman J:

[1]

Number plates in the North West Province have since 30 June 1998 displayed black letters and figures and a logo, "THE PLATINUM PROVINCE", on a landscape, depicting maize, a sunflower, an elephant, a mine shaft, blue sky and green foreground. All this is in accordance with a Determination promulgated by the then National Minister of Transport in terms of Regulation 199(2) of the Road Traffic Regulations, 1990, authorised by the Road Traffic Act 29 of 1989. It is the logo, "THE PLANTINUM PROVINCE", which appears on the number plates only in the English language, which is the subject of this application launched by the Pan South African Language Board ("the Board").

[2]

The Board seeks the following order against the Member of the Executive Committee for Roads, Transport and Community Safety, North West Province and the Deputy Director General of the Department of Roads, Transport and Community Safety, North West Province (the first and second respondents):

"1.

Declaring that the respondents' conduct of adopting English as the only language on the number plates of motor vehicles registered in the North West Province is unlawful and unconstitutional.

2.

Directing that the use of number plates for motor vehicles with wording describing the North West Province as the Platinum Province only in English be stopped pending the finalisation of this matter.

3.

Directing the respondents to implement within 60 days of this order a policy to the effect that:

(i)

the respondents must make available all motor vehicle number plates with the logo "The Platinum Province" in Afrikaans,

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Landman J

English and Setswana, being the optional languages of the province.

4.

Directing the first and second respondents to pay the costs of the application jointly and severally, the one paying the others to be absolved."

[3]

It is common cause that this application arises from a complaint lodged by a Mr Eugene de C Pretorius acting for "Die vriende van Afrikaans" (the complainant) with the North West Provincial Language Committee of the Board. The complaint, as mentioned earlier, is about the use of the English language only ("The Platinum Province") on the vehicle registration plates in use in the North West Province.

[4]

According to the Board, the essence of the application is to enforce, "on behalf of the complainant and individuals in the North West Province, the recognition of multilingualism by the respondents in providing equivalence of languages, namely, English, Setswana and Afrikaans pertaining to the inscription used on the North West vehicle registration plates".

[5]

The Board says the application is brought in terms of section 11(4)(b) of the Pan South African Language Board Act 59 of 1995 ("the Language Board Act") as well as section 38 of the Constitution of the Republic of South Africa Act of 1996 ("the Constitution"). The Board institutes these proceedings on behalf of the speakers of official languages.

[6]

The respondents oppose the application. The respondents take four points in limine. The respondents take issue with the allegation that the language rights of any individual or group are or have been infringed upon by the use of the logo "The Platinum Province." I should point out that although the Provincial Government

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Landman J

did not adopt the unilingual logo, the first respondent is currently empowered to alter the requirements for registration or number plates for this Province. But the position adopted by the respondents is not a hard-line one. Talks between the parties have ensued, although allegedly protracted by the respondents. A tender to remove the offending logo has been made. The Board has not accepted it because, it seems to me, the Board wants more than this. The Board wants to address the number plates carrying the logo, which were issued before the tender was made. Nevertheless the tender has not been revoked. In addition the respondents are in the process of revising and rehabilitating the registration system. The respondent has provided a copy of a new number plate design which does away with the logo.

[7]

I shall say no more about the merits except that the real issue appears to lie in whether, and if so, how to deal with existing number plates carrying the unilingual logo assuming that the usual transitional or contemplated measures are inadequate.

Points in limine

[8]

The respondents take four points in limine:

(a)

the applicant has no locus standi to launch the application;

(b)

the deponent to the founding affidavit has no authority to depose to the founding affidavit;

(c)

the applicant's application is contrary to the principle of corporate governance; and

(d)

a party who has a material interest in the subject-matter of the application namely, 3M South Africa (Pty) Ltd, which manufactures the number plates, has not been joined in the application.

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Landman J

Locus standi (standing)/lack of authority

[9]

Mr M Hitge, who appeared for the respondents, pointed out that:

•

the Board is a statutory body corporate incorporated in terms of section 2 of the Language Board Act.

•

In terms of section 2(2) of the Language Board Act, the Board shall be represented by the chairperson or deputy chairperson thereof, or by any of its member designated by the Board in general or for a specific purpose.

•

Section 11(4) to 11(6) of the Language Board Act provides as follows:

"(4)

The Board-

(a)

may on its own initiative and shall on receipt of a written complaint investigate the alleged violation of any language right, language policy or language practice; and

(b)

may subpoena any person, body or state organ to appear before it to give evidence and produce any relevant records or documents.

(5)

(a)

The Board shall, after an investigation of the alleged violation in terms of subsection (4), and if it is of the view that there is substance in the allegation, by mediation or conciliation or negotiation, endeavour-

(i)

to resolve and settle any dispute; or

(ii)

to rectify any act or omission,

arising from or constituting a contravention or infringement of legislation or alleged contravention or infringement of legislation, language policy or language practice, or violation of a threat, or alleged violation of or threat to any language right.

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Landman J

(b)

If any endeavour in terms of paragraph (a) fails and provided that the Board is of the view that there are good reasons to address the matter further, the Board shall assist the complainant or other persons adversely affected to secure redress by-

(i)

referral of the matter, with a recommendation, to the organ of state against which the complaint was lodged;

(ii)

recommending that the organ of state against which the complaint was lodged provide the complainant with financial or other assistance with a view to redressing any damage;

(iii)

providing, in its sole discretion, the complainant with financial or other assistance to redress any damage; or

(iv)

making arrangements for or providing the complainant with financial or other assistance to enable him or her to obtain relief from any other organ of state or a court of law.

(6)

The Board shall inform the complainant of its decision and, in a case where the Board has decided to take no action, it shall inform the complainant of the reasons for such decision."

[10]

Mr Hitge submitted that these remedies constitute a numerus clausus. The Language Board Act does not authorise the Board to take any other action as regards a complaint. The nub of Mr Hitge's contention is that section 11(5) (b) expressly provides that the Board may only assist a complainant to obtain relief in a court of law...