Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News
      MultiChoice scraps annual DStv price hikes for 2026 - David Mignot

      MultiChoice scraps annual DStv price hike

      20 February 2026
      What Gen Z really thinks about the tech world it inherited - Tinashe Mazodze

      What Gen Z really thinks about the tech world it inherited

      20 February 2026
      Showmax 'can't continue' in its current form

      Showmax ‘can’t continue’ in its current form

      20 February 2026
      Free Market Foundation slams treasury's proposed gambling tax

      Free Market Foundation slams treasury’s proposed gambling tax

      20 February 2026
      South Africa's dynamic spectrum breakthrough - Paul Colmer

      South Africa’s dynamic spectrum breakthrough

      20 February 2026
    • World
      Prominent Southern African journalist targeted with Predator spyware

      Prominent Southern African journalist targeted with Predator spyware

      18 February 2026
      More drama in Warner Bros tug of war

      More drama in Warner Bros tug of war

      17 February 2026
      Russia bans WhatsApp

      Russia bans WhatsApp

      12 February 2026
      EU regulators take aim at WhatsApp

      EU regulators take aim at WhatsApp

      9 February 2026
      Musk hits brakes on Mars mission

      Musk hits brakes on Mars mission

      9 February 2026
    • In-depth
      How liberalisation is rewiring South Africa's power sector

      How liberalisation is rewiring South Africa’s power sector

      21 January 2026
      The top-performing South African tech shares of 2025

      The top-performing South African tech shares of 2025

      12 January 2026
      Digital authoritarianism grows as African states normalise internet blackouts

      Digital authoritarianism grows as African states normalise internet blackouts

      19 December 2025
      TechCentral's South African Newsmakers of 2025

      TechCentral’s South African Newsmakers of 2025

      18 December 2025
      Black Friday goes digital in South Africa as online spending surges to record high

      Black Friday goes digital in South Africa as online spending surges to record high

      4 December 2025
    • TCS
      Watts & Wheels S1E4: 'We drive an electric Uber'

      Watts & Wheels S1E4: ‘We drive an electric Uber’

      10 February 2026
      TCS+ | How Cloud On Demand is helping SA businesses succeed in the cloud - Xhenia Rhode, Dion Kalicharan

      TCS+ | Cloud On Demand and Consnet: inside a real-world AWS partner success story

      30 January 2026
      Watts & Wheels S1E4: 'We drive an electric Uber'

      Watts & Wheels S1E3: ‘BYD’s Corolla Cross challenger’

      30 January 2026
      Watts & Wheels S1E4: 'We drive an electric Uber'

      Watts & Wheels S1E2: ‘China attacks, BMW digs in, Toyota’s sublime supercar’

      23 January 2026

      TCS+ | Why cybersecurity is becoming a competitive advantage for SA businesses

      20 January 2026
    • Opinion
      A million reasons monopolies don't work - Duncan McLeod

      A million reasons monopolies don’t work

      10 February 2026
      The author, Business Leadership South Africa CEO Busi Mavuso

      Eskom unbundling U-turn threatens to undo hard-won electricity gains

      9 February 2026
      South Africa's skills advantage is being overlooked at home - Richard Firth

      South Africa’s skills advantage is being overlooked at home

      29 January 2026
      Why Elon Musk's Starlink is a 'hard no' for me - Songezo Zibi

      Why Elon Musk’s Starlink is a ‘hard no’ for me

      26 January 2026
      A million reasons monopolies don't work - Duncan McLeod

      South Africa’s new fibre broadband battle

      20 January 2026
    • Company Hubs
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • AvertITD
      • Braintree
      • CallMiner
      • CambriLearn
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • LSD Open
      • Mitel
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and Media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Financial services
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Motoring
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
    • Events
    • Advertise
    TechCentralTechCentral
    Home » Sections » Motoring » ‘Afrikaans Uber’ sparks controversy

    ‘Afrikaans Uber’ sparks controversy

    The Afrikaans language requirement central to the business model of Wanatu has led to significant debate.
    By Sandile July and Nonkosazana Nkosi27 January 2025
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    News Alerts
    WhatsApp

    'Afrikaans Uber' sparks controversyThe Afrikaans language proficiency requirement central to the business model of new e-hailing company Wanatu, currently operating in Centurion and Pretoria, has sparked significant debate. One of Wanatu’s key value propositions, as stated on its website, is “Restoring dignity in our communities’ jobs in Afrikaans” (direct translation from the website).

    It goes without saying that the use and thereby preservation of all languages is commendable as it fosters a sense of a communally shared identity among its speakers. However, this must be carefully balanced against the rights of others to use their own languages while protecting the human dignity and equality of all.

    This delicate balance permeates all areas of our lives and finds particular significance in the workplace. It is a true testament to the reality that we do not exist as islands or micro-communities isolated from the broader South African community, but live among others, interconnected in our communities and social spheres. Therefore, the absolute protection of any person’s language of choice is undesirable. How we choose to use our languages matters, if we are to live harmoniously, with the utmost respect for the next person.

    Wanatu’s language proficiency practices raise important constitutional and labour law considerations

    Although the norm for most e-hailing platforms in South Africa is to appoint drivers as independent contractors, we understand, from media reports, that Wanatu employs drivers on the platform. Assuming that drivers are indeed employees, Wanatu’s language proficiency practices raise important constitutional and labour law considerations.

    While Wanatu enjoys the right to trade in a language of choice, this right must be balanced against the constitutional protection of everyone’s right to use a language of their own choosing. This, of course, also implicates the right to fair labour practices and the human dignity of those seeking employment with Wanatu.

    Section 9(4) (the equality clause in the constitution) and section 6(1) of the Employment Equity Act (EEA) prohibit direct or indirect discrimination on the basis of language. If Wanatu requires their drivers to speak Afrikaans as a precondition for employment, then such recruitment/employment practices would be in offence of the equality clause and the EEA. The exclusion of drivers based on language could constitute unfair discrimination. The onus would then shift to Wanatu to demonstrate, on a balance of probabilities, that discriminating on the basis of language in their recruitment/employment practises is rational and not unfair, or is otherwise justifiable.

    Case law

    While case law on unfair discrimination on the basis of language proficiency is sparse, there are a few cases where our courts have found that differentiation on the basis of language proficiency was justifiable:

    • In Stojce vs University of KZN and another, delivered on 7 September 2006, a candidate for a senior lecturer position was not appointed due to, among others, challenges experienced in communicating in English. The labour court found that, although the post for which the applicant was being assessed did not require English as part of the job description, it did require a level of fluency in English which would enable him to communicate effectively.
    • The labour appeal court in De Bruyn v Metorex Proprietary Limited (delivered on 21 July 2021), a case dealing with automatically unfair dismissal, recognised the “legitimacy of the business rationale for appointing Chinese-speaking mine managers and a Chinese-speaking CEO by Metorex”. The court accepted that the requirement was rationally connected to the company’s financial recovery strategy. The court agreed with Metorex that proficiency in Chinese was essential for “efficient communication between the GMs, the CEO, and the Chinese banks and other shareholders in Hong Kong”. It was also integral to the position that the appointed candidate possesses the relevant experience and expertise in mining in accordance with the Jinchuan model – a framework established by Jinchuan Group International Resources, Metorex’s holding company.

    Read: Uber bakkie service launched in South Africa

    Stojce and Metorex establish that language proficiency will be justifiable where such a requirement is inherently part of the job. To establish inherency, Wanatu will have to show that employing Afrikaans-speaking drivers is rationally connected to the performance of the job. It should also be borne in mind that a legitimate commercial rationale is not sufficient to escape the clenches of the EEA. This is especially important given that according to media reports, Wanatu does cater to non-Afrikaans-speaking users – the app has an English translation button. The accommodation of a multilinguistic and multicultural market could undermine the argument that Afrikaans proficiency is indispensable to the job.

    If Wanatu’s drivers are appointed as independent contractors rather than employees, the EEA would not apply. However, Wanatu’s language proficiency practices would still be subject to constitutional scrutiny and could potentially be challenged under the Promotion of Equality and Prevention of Unfair Discrimination Act.

    Indeed, the survival of any language depends on its use and transmission to future generations. In South Africa, a multicultural and multiethnic society, the preservation and promotion of languages should be encouraged. However, these efforts must be balanced with the need to build and contribute towards a diverse, inclusive and equal society. Wanatu’s Afrikaans-centric model raises important questions about how language policies and practices in the workplace can coexist with the principles of equality and non-discrimination. Striking this balance is essential for advancing the shared goal of a united South Africa where all languages are valued and celebrated.

    • The authors of this opinion piece are Sandile July, head of employment, and Nonkosazana Nkosi, senior associate, both at Werksmans Attorneys

    Get breaking news from TechCentral on WhatsApp. Sign up here.

    Don’t miss:

    The South African company taking on Uber

    Follow TechCentral on Google News Add TechCentral as your preferred source on Google


    Afrikaans Uber Uber Wanatu Werksmans Werksmans Attorneys
    WhatsApp YouTube
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleSouth Africa’s MeerKAT in ‘extraordinary’ discovery
    Next Article US Big Tech gets a Chinese reality check

    Related Posts

    South African tech start-ups that sold big on the world stage

    South African tech start-ups that sold big on the world stage

    3 February 2026
    Why South Africa should extend the e-hailing compliance deadline

    Why South Africa should extend the e-hailing compliance deadline

    7 January 2026
    Uber eyeing electric bike rides in South Africa

    Uber eyeing electric bike rides in South Africa

    3 December 2025
    Add A Comment

    Comments are closed.

    Company News
    Service is everyone's problem now - and that's exactly why the Atlassian Service Collection matters

    Service is everyone’s problem now – why the Atlassian Service Collection matters

    20 February 2026
    Customers have new expectations. Is your CX ready? 1Stream

    Customers have new expectations. Is your CX ready?

    19 February 2026
    South Africa's cybersecurity challenge is not a tool problem - Nicholas Applewhite, Trinexia South Africa

    South Africa’s cybersecurity challenge is not a tool problem

    19 February 2026
    Opinion
    A million reasons monopolies don't work - Duncan McLeod

    A million reasons monopolies don’t work

    10 February 2026
    The author, Business Leadership South Africa CEO Busi Mavuso

    Eskom unbundling U-turn threatens to undo hard-won electricity gains

    9 February 2026
    South Africa's skills advantage is being overlooked at home - Richard Firth

    South Africa’s skills advantage is being overlooked at home

    29 January 2026

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts
    MultiChoice scraps annual DStv price hikes for 2026 - David Mignot

    MultiChoice scraps annual DStv price hike

    20 February 2026
    What Gen Z really thinks about the tech world it inherited - Tinashe Mazodze

    What Gen Z really thinks about the tech world it inherited

    20 February 2026
    Showmax 'can't continue' in its current form

    Showmax ‘can’t continue’ in its current form

    20 February 2026
    Free Market Foundation slams treasury's proposed gambling tax

    Free Market Foundation slams treasury’s proposed gambling tax

    20 February 2026
    © 2009 - 2026 NewsCentral Media
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}