Business

Big trouble for South Africa’s Afrikaans ‘Uber’

South Africa’s first and only e-hailing service, Wanatu, has faced widespread criticism for its policy of exclusively hiring Afrikaans-speaking drivers, with some experts saying this could amount to discrimination.

Launched in October last year, the platform has implemented strict safety measures, offering features such as trained drivers, female drivers, and panic buttons with an armed response.

Wanatu explained that some of the motivations for the service are that it restores dignity in the Afrikaans community and offers job opportunities in Afrikaans.

However, labour law experts have raised concerns that the company’s hiring practices may be exclusionary and discriminatory.

According to attorney and labour law specialist at Kirchmann Inc, Craig Kirchmann, it will be very difficult for the service to justify its hiring practices in court.

“There may be some noble ambitions or intentions behind the e-hailing service and the need for Afrikaans,” Kirchmann told Newzroom Afrika.

“However, the fact of the matter is that we live in a society that has been troubled by discrimination and continues to be, so we have to, I believe, be very sensitive and not perpetuate that problem.”

He explained that even if Wanatu does have noble intentions, he is unpersuaded that speaking Afrikaans is strictly necessary to be employed as an e-hailing taxi driver.

“Making that a requirement perhaps meets the needs of very few people who otherwise couldn’t communicate satisfactorily with a taxi driver.”

“I emphasise, I don’t believe there could be very many of those people in our country who can’t, on an app, communicate with the driver.”

Similar to other e-hailing services like Uber and Bolt, once the user books their ride on the app, there is very little need for communication with the driver, except for confirming your name or destination.

Kirchmann noted that Wanatu may argue that their decision to hire exclusively Afrikaans drivers goes beyond the necessary communication.

In other words, if passengers can communicate with their driver in Afrikaans, they may have a more enjoyable and relaxed overall experience.

“Now, that may be true. However, the immediate question is, what about every other language? Then you’d be saying I only want Afrikaans people who enjoy the benefit of my Afrikaans-speaking driver. Then you’re excluding passengers.”

Notably, Wanatu explains on its website that it is open to all passengers, including non-Afrikaans speakers, within its operational areas.

“To exclude so many people from that job market, or that particular job – in the name of what would I believe amount to very few people – I think would be very, very difficult to justify,” Kirchmann said. “I think our courts would frown upon that.”

He explained that if a driver feels unfairly excluded from a job at Wanatu due to not speaking Afrikaans, their main legal option is to claim unfair discrimination.

They would need to prove that language was used as an unfair barrier. If successful, the onus would rest heavily on Wanatu to justify its policy.

This case would typically go to the Labour Court, but it might also be challenged under the Employment Equity Act or even in the Equality Court.

“The legal obligation would be squarely on their shoulders to justify what, at face value, amounts to straightforward discrimination against non-speaking Afrikaners in our country.”

“I’ve tried to apply my mind to defences or arguments that may be raised by Wanatu, and while I can think of some, I think it’s really easy to knock those over.”

“Accordingly, I really would look forward to hearing from Wanatu and their explanation for this being a strict prerequisite before being employed by them.”

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