law

There’s an old adage that states that the pen is mightier than the sword and the passage of time is proving this to be true.

President Cyril Ramaphosa enacted the South African Sign Language as the country’s 12th official language at a ceremony held at the Union Buildings in July 2023.

And yes, while there’s still a long way to travel to ensure all out inclusivity for South Africa’s deaf community, the signing of the South African Sign Language Bill into law was a key step taken.

Ahead of the 19 July ceremony, the Presidency said the recognition of South African Sign Language (SASL) was “an important step towards the realisation of the rights of persons who are deaf or hard of hearing.”

Prior to the President inking the bill into law, the National Assembly of the sixth administration in May 2023 approved the amending of Section 6 of the Constitution to include SASL as an official language.

Fast forward to August 2024 and South Africa crowned its first Miss South Africa with a hearing impairment.
There has been change.

“Recently we had Mia le Roux, a deaf model, win the Miss South Africa pageant. The significance of me mentioning this is that finally, ever since the establishment of the pageant, the deaf community had access to it because there was interpretation services provided,” says Nhlanhla Simelane, a Language Practice student at the University of the Free State (UFS).

Le Roux, who is deaf, became the first Miss South Africa and differently abled finalist in the history of the pageant. Held in August, the competition also featured a sign language interpreter for the first time.

“And now that she won, it means an even greater feat for not just the deaf community but also for the country as well. 

“For the deaf community, it means that we have someone who will actively represent us and help in achieving inclusion for the deaf in society. With that, there will be unity amongst the deaf and non-deaf. This also puts South Africa on the map, and with that [comes] more recognition for deaf people internationally and it definitely opens up a bigger world of opportunities,” added Simelane.

The student assistant for South African Sign Language and Deaf Studies at the UFS was born to deaf parents.

He added that there have been other changes since the President’s proclamation.

“Besides that [Le Roux’s win], there have been developments all around the country. More and more people are learning SASL, and more companies, organisations and institutions are even looking at having their employees and members educated in basic SASL. So yes, there is an improved involvement and active interest from more people, and it is really lovely to see,” he told SAnews.

Asked about whether the deaf community feels seen and heard, Simelane said that this is true to a certain extent.

“So yes, we do get seen – sometimes even stared at, which is quite rude so I would kindly advise against doing so. But the latter then falls on deaf ears, figuratively speaking, as access for deaf individuals still remains a huge problem despite being seen and it being common knowledge.

“For deaf people to be able to use services, let alone public services, either the service providers need to know how to sign or there needs to be the provision of an interpreter. I know for sure that it is only a lucky few deaf individuals that may encounter service providers that at least know basic sign to be able to assist the deaf person,” he explained.

In an opinion article he wrote for the university earlier, Simelane pointed out that with the one-year anniversary since the signing of the law, one “must not overlook the fact that despite being a minority language, SASL already enjoyed significant language rights.”

“For example, the South African Schools Act recognised it as an official language in 1996. The Use of Official Languages Act of 2012 provided another benefit that was not even enjoyed by the other 11 official languages; with this act, state entities had to establish a language policy outlining the use of official languages for public communication, specifically if a member of the public chose SASL as their preferred language,” he said in the article.

In September, the country joined the global community in commemorating International Month of Deaf People with government having encouraged South Africans to learn SASL.

In celebrating Deaf Awareness Month, the Minister of Women, Youth and Persons with Disabilities, Sindisiwe Chikunga, called on South Africans to learn Sign Language, as “it is the most effective way to communicate with and connect with deaf individuals”.

“The year 2024 stands out as a significant year in South Africa, as Mia Le Roux made history by becoming the first individual with a hearing impairment to be crowned Miss South Africa. This month-long celebration aims to encourage inclusivity, advance Sign Language education, and cultivate a deeper understanding of deaf culture,” the Minister said.

Observed annually in September, International Month for Deaf People is observed to promote awareness of the rights of deaf people around the world. It also brings to the fore challenges that are faced by deaf people.

Improving lives

Simelane is of the opinion that government departments could do better in improving how they engage members of the deaf community.

“At government institutions, SASL interpreters are supposed to readily be available to assist deaf people when they go to these places. However, throughout my life I have always had to accompany my parents whenever they go to the police station, or the hospital and even to court. And this is the case even now post the officialisation of SASL. So, the government needs to put what they say into action and make these provisions,” he said.

According to the Pan South African Language Board (PanSALB), an estimated 600,000 people in the country are deaf.

“The number of people who use South African Sign Language is currently uncertain and requires extensive research to accurately depict the demographics. It is estimated that there are 600,000 deaf and 1.4 million people with hearing loss in South Africa. However, not all deaf people use South African Sign Language,” said PanSALB Chief Executive Officer Lance Schultz. 

Schultz adds that academic researchers estimate the number of people who communicate in SASL ranges from 700,000 to two million users. 

“However, according to Stats SA [Statistics South Africa], the officially reported number of South African Sign Language users is only 12,400 whereas the 2011 statistics indicated around 255,000 SASL users,” he explained.
Promoting inclusion and awareness

The PanSALB said the officialising of SASL is a progressive step towards promoting inclusion and quality access to information.

“The officialisation of SASL has certainly played a crucial part in providing recognition and validating that SASL is a language in its own right and has helped raise awareness regarding deaf culture and embracing linguistic diversity. Because our languages are so intrinsically linked to who we are, the move to officialise the language actively promotes social cohesion and has created a sense of belonging for the deaf community,” said the CEO.

However, a lot more work still needs to be done with the country needing “cross-sectoral policies that must be developed and implemented to address the myriad of challenges that affect deaf people.”

“All government departments in various portfolios have a critical role to play in making information and services accessible to the deaf community,” he explained.

In an earlier article, Simelane points to many deaf people having to rely on untrained or unqualified individuals and family members to act as interpreters.

“This was mostly the case in my life, being a CODA (Child of a Deaf Adult) and having to interpret for my parents. Besides my proficiency in SASL, there was still the matter of a breach of confidentiality. This is a common problem for many people. Therefore, more SASL interpreters (SASLi) are needed,” he said in that article.

Meanwhile, the language board said that deaf people face various challenges with the main ones being access to education and quality information and services. 

“In South Africa, there are only 44 deaf schools, creating a challenge of access, especially for poor families who have to travel great distances and incur significant costs for their children to receive an education. The major issue within our education system is that most teachers in deaf schools are hearing and many struggle to communicate in SASL, which creates a barrier to learning. Currently, there is no requirement for teachers to know SASL to be placed at a deaf school. Although some do pick up the language from the learners, this is not an ideal situation and places undue pressure on students, ultimately hindering their learning potential. Many deaf learners leave school with much lower comprehension compared to their hearing counterparts due to these barriers,” said Schultz.

Additionally, the language board found that during the COVID-19 pandemic lockdown, many deaf learners felt out of place as they had to spend a lot of time at home with people who cannot communicate in SASL. 

“Given that 95% of deaf children are born to hearing parents who are not familiar with South African Sign Language or deaf culture, it's crucial to provide support to these families to enable effective communication with their deaf children or siblings. Many deaf learners expressed the desire to go to school purely for the opportunity to communicate with their peers. This highlights the urgent need to provide support to families of deaf children.”

Representation matters 

Schultz said that while there are challenges, Le Roux’s win is a positive step for raising awareness of the diverse and complex nature of South Africa.

“The win by Ms Mia Le Roux represents an often-marginalised group in our society. This is a positive step in raising awareness of the diverse and complex nature that makes up the beautiful tapestry of our nation. 

“Representation matters, and the positive response from the disability sector on the crowning of the new Miss SA shows just how impactful that can be. We hope that she will be a beacon of hope to the many little deaf girls who undoubtedly can see themselves in her. We're excited that she has chosen to use her platform to promote the values of inclusivity, which form the cornerstone of our constitutional democracy. This is certainly a historic moment for the country, and we should all be proud of as a society and recognise the importance of building a society that is inclusive, just, and fair,” said Schultz.

Simelane who is also a former chairperson of Signals, a student association that is aimed at promoting SASL and deaf awareness, is often asked what life is like as a child of deaf parents.

“I actually get asked this a lot. I learned SASL much like most children learn how to speak their parents’ languages. It’s an odd response, but I get away with it most of the time. Really, it makes more sense on a psychological level. Both my parents are deaf, and I learn’t SASL from them. Also, I view this as a gift from my parents as I have really grown to love SASL and being part of the deaf community. It is truly a beautiful honour,” he explained.

Looking to the future

Simelane is of the view that there has been more interest from locals in learning SASL. 

“It is commendable. I would just like to warn people not to assume that sign language is universal, most especially because it’s what I note a lot. There is South African Sign Language, which is used by most signers here in South Africa. Zimbabwe has its own sign language. America has its own sign language, so does Britain, Australia and so forth. 

“Therefore, it is important to notify locals to learn the right sign language. Unfortunately, some people learn a random sign language, then communicate, or try to, with a deaf person from South Africa and that deaf person may not even understand the particular sign language. The conversation then becomes awkward,” he remarks.

Simelane who initially planned to become a South African Sign Language Interpreter once he finished his studies, now aims to become an academic.

“However, coming to university has opened up a bigger world of possibilities. I am looking at a career as an academic, with the hope of conducting research for SASL as there is definitely a lack in this field. I hope to also keep interpreting on the side,” he said.

In the year that South Africa commemorates 30 years of freedom and democracy, there are ways to advance the language rights of the deaf community.

“There are several ways to make life easier for the deaf community. It is important to include SASL in any campaigns or events, and to conduct SASL awareness workshops for internal staff members, especially front-line workers who provide access to government services and information for deaf individuals. 

“PanSALB is available to provide support in this regard. It's crucial to understand that SASL is a visual language that is distinct from any other official language, as it is not written or spoken. Therefore, subtitles and texts in English or any other language do not constitute SASL. Announcements and information displayed on screens in service offices should be in SASL. Additionally, it's important to make socio-economic opportunities accessible to the deaf community,” explained Schultz.

While some will say that the stroke of the President’s pen was a ceremonial gesture, what it has done is place the spotlight on issues faced by parts of the South African population that requires all of society to work together to enhance our shared fabric of society. - SAnews.gov.za