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BusinessTech reports that Wanatu, a new e-hailing service operating in Centurion and Pretoria, has gained notable attention, but it could potentially face legal challenges.
Launched in October 2024, Wanatu requires Afrikaans proficiency for its drivers. While the platform’s app accommodates English-speaking users through a translation feature, the Afrikaans language requirement for drivers has sparked significant legal and social debate. According to the company’s website, the focus on Afrikaans aims to “restore dignity in our communities’ jobs in Afrikaans. Yet, this business model raises complex legal questions about fairness, equality, and discrimination. Section 9(4) of the Constitution and Section 6(1) of the Employment Equity Act (EEA) prohibit both direct and indirect discrimination based on language. According to legal experts from Werksmans Attorneys, if Wanatu employs its drivers rather than engaging them as independent contractors, its Afrikaans proficiency requirement could contravene these provisions. Excluding potential employees based on language may constitute unfair discrimination unless the company can prove that the requirement is rational, justifiable, and inherently linked to the job. The question of whether Afrikaans proficiency is essential for Wanatu’s operations is pivotal. The law firm noted that case law offered some guidance and precedents suggested that language requirements could be upheld if they were intrinsically necessary for job performance. “However, Wanatu faces a challenge in proving that Afrikaans proficiency is indispensable for its drivers,” said Werksmans Attorneys. Wanatu’s approach raises important questions about how businesses can balance promoting linguistic and cultural identity with the need for inclusivity and non-discrimination.
- Read the full original of the report in the above regard by Malcolm Libera at BusinessTech
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