The chapter sets out to critique and contextualise the largely monolingual language policies of universities in South Africa against the backdrop of transformation. The language question at higher education institutions in South Africa is explored with reference to the constitutional and legislative frameworks. The chapter argues that the trend towards enacting monolingual language policies at universities is mimicking the 2017 monolingual language of record directive for courts in South Africa. The chapter advances recent judgements, which serve as evidence that the judiciary, by finding that monolingual language policies are both constitutionally sound and ironically foster transformation based on access for all, is in fact pursuing an agenda that marginalises many people who do not have a functional knowledge of English. The authors grapple with the legal, sociopolitical and sociolinguistic complexities facing universities and how English is being portrayed as a language for all, yet the majority of the people speak an African language as their mother tongue. In conclusion, the authors propose recommendations for both the higher education institutions and the judiciary in South Africa.