New ‘Afrikaans Uber’ in South Africa Faces Legal Uncertainty

Wanatu, a new e-hailing service operating in Centurion and Pretoria, is under scrutiny for its Afrikaans language requirement for drivers. While the service has gained traction, legal experts warn that it may face challenges over potential discrimination concerns.

Wanatu’s Growth and Business Model

Launched in October 2024, Wanatu has quickly gained popularity, growing from 10,000 registered users in December 2024 to 30,000 by January 2025. Funded by private investors, the platform’s app supports English-speaking users through a translation feature, but its requirement that drivers be proficient in Afrikaans has triggered legal and social debates.

CEO Judith van der Walt emphasized that Wanatu is open to all users, but its website states that the Afrikaans focus aims to “restore dignity in our communities’ jobs in Afrikaans.”

While preserving and promoting languages is commendable, legal analysts argue that Wanatu’s policy raises questions about fairness, equality, and potential discrimination.

Legal Concerns Over Language Requirement

Legal experts from Werksmans Attorneys point to South Africa’s Constitution and labour laws, which emphasize equality and non-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,” Werksmans Attorneys stated.

If Wanatu employs its drivers rather than classifying them as independent contractors, its Afrikaans requirement may violate these laws. To justify this policy, the company would need to prove that Afrikaans proficiency is essential for job performance.

Precedents in South African Law

Case law provides guidance on language requirements in employment.

• In Stojce v University of KwaZulu-Natal (2006), the Labour Court upheld a university’s right to deny a position to a lecturer who lacked English proficiency, arguing that fluency was essential for teaching.
• In De Bruyn v Metorex Proprietary Limited (2021), the Labour Appeal Court ruled that requiring Chinese proficiency for managerial roles was justified due to business interactions with Chinese stakeholders.

These rulings suggest that language requirements may be valid if they are essential to job performance. However, Wanatu’s built-in English translation feature may weaken its argument, as it indicates the platform can function in multiple languages.

Potential Challenges Under Equality Laws

If Wanatu classifies drivers as independent contractors, the Employment Equity Act (EEA) would not apply. However, legal experts note that its language policy could still face scrutiny under the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA).

This law ensures that all South Africans can participate in society on an equal footing, and courts will likely examine whether Wanatu’s language policy meets standards of fairness and proportionality.

The Broader Debate: Language vs. Inclusivity

Wanatu’s Afrikaans-first approach highlights a broader societal debate about language, identity, and inclusivity in South Africa’s diverse, multilingual landscape.

While language preservation is important for cultural identity, businesses must balance these efforts with inclusivity and non-discrimination. Exclusionary policies risk undermining social cohesion and fostering inequality.

Wanatu’s legal and social challenges will serve as a key test for how businesses can promote linguistic and cultural identity while ensuring inclusivity in South Africa’s evolving economic landscape.

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