'Afrikaans Uber' app Wanatu’s hiring policy discriminatory and exclusionary, labour law experts warn’ 26 January 2025

The new for Afrikaans speakers e-hailing company, Wanatu, has sparked debate about its exclusionary language policy for drivers, with labour law experts warning that the app was exhibiting exclusionary and discriminatory behaviour. The app has been billed as the first Afrikaans e-hailing service, but unlike other players in the market like Uber and Bolt, Wanatu says it will only employ drivers who speak Afrikaans in their area of operation, Pretoria and Centurion. The company claims it is trying to cater to South Africans who speak Afrikaans predominantly and who may have difficulty with speaking other languages. In media reports, Wanatu's chief executive, Judith Van der Walt, says those who are not proficient in Afrikaans can still use the service as the application has an English translation button, but for drivers, speaking the language is a requirement. The app has made it no secret that it is pricier than the bigger players, targeting schools and airports shuttles.

…Craig Kirchmann, an experienced attorney and labour law specialist at Kirchmann Inc, said the Wanatu matter was an interesting matter and it is not surprising that some are questioning the motives behind using language as a prerequisite for drivers to be employed. He said at face value, making Afrikaans a prerequisite constitutes discrimination. "The real issue is whether or not that discrimination is fair and/or can be justified," he said. Kirchmann noted that "the discrimination" could be defended if it could be established that the need to speak Afrikaans was an inherent requirement of the job.

…July and Nkosi both note that if Wanatu’s drivers are appointed as independent contractors rather than employees, the EEA would not apply. However, they said that 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 4 of 2000. July and Nkosi both argue that Wanatu’s Afrikaans-centric model raises important questions about how language policies/practices in the workplace can coexist with the principles of equality and non-discrimination.