New ‘Afrikaans Uber’ in South Africa could be in trouble

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 and funded by private investors, 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.

By early December 2024, Wanatu reported over 10,000 registrations, a figure that tripled to 30,000 by late January 2025.

CEO Judith van der Walt stressed that the service is accessible to all users. According to the company’s website, the focus on Afrikaans aims to “restore dignity in our communities’ jobs in Afrikaans. “

While preserving and promoting languages are commendable, this business model raises complex legal questions about fairness, equality, and discrimination.

According to legal experts from Werksmans Attorneys, South Africa’s Constitution and labour laws clearly state the principle of equality.

“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.

“If Wanatu employs its drivers rather than engaging them as independent contractors, its Afrikaans proficiency requirement could contravene these provisions,” they said.

Werksmans Attorneys argue that 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 offers some guidance.

In the 2006 case of Stojce v University of KwaZulu-Natal and Another, the Labour Court upheld the employer’s decision not to appoint a senior lecturer who lacked sufficient English fluency, highlighting the the importance of effective communication for the role.

Similarly, in the 2021 case of De Bruyn v Metorex Proprietary Limited, the Labour Appeal Court found that requiring Chinese proficiency for managerial positions was justified due to the company’s reliance on communication with Chinese stakeholders.

“These precedents suggest that language requirements can be upheld if they are intrinsically necessary for job performance.

“However, Wanatu faces a challenge in proving that Afrikaans proficiency is indispensable for its drivers,” said Werksmans Attorneys.

The platform’s ability to accommodate non-Afrikaans speakers through its English translation feature may weaken this argument, as it indicates that the service can function in a multilingual environment.

The legal experts added that while Wanatu’s commitment to promoting Afrikaans aligns with broader efforts to preserve South Africa’s diverse linguistic heritage, this must be balanced with constitutional protections against discrimination and the need for inclusivity.

“If Wanatu’s drivers are classified as independent contractors, the EEA would not apply.

“However, the company’s language policy could still face scrutiny under the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA),” they said.

This legislation aims to prevent unfair discrimination in both public and private spheres, ensuring that all South Africans can participate in society on an equal footing.

Courts evaluating such cases would likely consider whether Wanatu’s language requirement aligns with the principles of fairness and proportionality.

Beyond legal considerations, Wanatu’s business model reflects broader societal tensions around language, identity, and inclusivity.

In a multicultural and multilingual country like South Africa, language preservation is vital for maintaining cultural heritage and fostering a sense of belonging among speakers.

However, these efforts must coexist with the imperative to build a diverse and equal society. Language policies that exclude or marginalise certain groups risk undermining social cohesion and perpetuating inequality.

Wanatu’s approach raises important questions about how businesses can balance promoting linguistic and cultural identity with the need for inclusivity and non-discrimination.