The role of African languages in the South African legal system: towards a transformative agenda
- Authors: Docrat, Zakeera
- Date: 2018
- Subjects: Forensic linguistics -- South Africa , Communication in law -- South Africa , Language policy -- South Africa , Linguistic rights -- South Africa , Court interpreting and translating -- South Africa , African languages -- South Africa
- Language: English
- Type: text , Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10962/60809 , vital:27833
- Description: This interdisciplinary thesis, partly located in the emerging discipline of forensic linguistics, seeks to investigate the status and use of African languages in the South African legal system and how language can be used as a tool to transform the legal system. The research commences with an overview of the development of African languages in the legal system, pre and post Apartheid. The research proceeds to an overview of scholarly literature concerning the role of legislation, language policy and planning in regulating the use of African languages in the legal system, in order to give effect to South Africa’s constitutional provisions and enable linguistic transformation of the legal system. This research furthermore provides a critique of the constitutional language framework in relation to language rights of litigants in the legal system, when accessing justice through the medium of an African language. To this effect the research advances cases conducted in their entirety in an African language, illustrating that it is both possible and practicable. This research engages critically with the legislative and policy frameworks of the legal system, where issues concerning the equal recognition and use of African languages are highlighted. Language demographics in the form of statistics are provided, illustrative of the fact that the majority of South African’s speak an African language as their mother tongue. Additionally, the statistics provide that litigants in the legal system have poor proficiency in English, the language of record in courts. The research addresses the legislative and policy deficiencies of the non insertion of language requirements for legal practitioners and judicial officers that reflect the language demographics. Furthermore the need for linguistically competent legal practitioners and judicial officers is discussed in giving meaning to the constitutional language rights of litigants. A Canadian comparative jurisprudential case study is advanced, that can be emulated by the South African legal system. The Canadian model offers a precise and effective constitutional, legislative and policy framework where language rights are purposively interpreted in cases conducted in the official languages of the country. Furthermore the Canadian model provides that legal practitioners and judicial officers are linguistically competent in the official languages of the province in which they practice. This thesis highlights the issues hindering real transformation of the legal system, and concludes with recommendations which are both legally and linguistically sound.
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- Date Issued: 2018
IsiXhosa as the language of teaching and learning mathematics in Grade Six: investigating the mother tongue based bilingual education mathematics pilot in the Eastern Cape Province, South Africa
- Authors: Mbude, Naledi Ntombizanele
- Date: 2020
- Subjects: Mathematics -- Study and teaching (Elementary) -- South Africa , Education, Bilingual -- South Africa , Native language and education -- South Africa , Language policy -- South Africa
- Language: English
- Type: text , Thesis , Doctoral , PHD
- Identifier: http://hdl.handle.net/10962/143262 , vital:38215
- Description: This study is an investigation on lessons learnt when the language of learners is maintained for teaching and learning mathematics beyond Grade 3 for another 3 years. It is undertaken in Cofimvaba, a rural village of the Eastern Cape in South Africa. We investigate lessons that can be learnt from the Mother Tongue based- Bilingual Education (MTbBE) strategy, that can be replicated. South Africa post-1994 has a Language-in-Education Policy (1997) that provides for the use of all official languages as Languages of Teaching and Learning (LoLT), this has remained on paper as the schooling system focusses on an early –exit model of three years of the Mother Tongue Education (MTE) for the Foundation Phase (FP) then exit to English instruction in Grade 4; this applies to African language learners only. English and Afrikaans speakers have mother tongue education from cradle to university; a benefit they have enjoyed pre- and post-apartheid. Various studies have been conducted to understand the relationship between language and mathematics learning as it is crucial to design mathematics instruction for students who are English Learners (ELs) and/or bilingual. However, in South Africa, there had not been a direct exploration of the achievement of learners in mathematics when their mother tongue is used and sustained throughout the first six years of learning mathematics, while English is a supportive resource. This is the focus of this study. The study lends itself to the adoption of a mixed methods design (QUALT+QUANT), while also employing documents, observation and test scores of learners to obtain data. Content analysis and thematic analysis approaches were used in analyzing the qualitative-type data while a statistical approach was used in the analysis of quantitative data. The main aim of the study was to establish whether in the Cofimvaba pilot, there is any evidence to make a case for extending Mother Tongue Based-bilingual Education (MTBBE) beyond Grade 3 for black African children. Another aim, was to highlight and document the effort that was the first of its kind in South Africa, undertaken in a small rural area to develop isiXhosa as language of Mathematics and Science. The most salient of this effort was the fact that it was underpinned by deliberate theoretical and empirical foundations central to language policy and planning. The finding of this study is that the use of isiXhosa for MTbBE was effective for boosting mathematical and science skills in the mother tongue and English in Grade 6 as demonstrated in Chapter 7 and 8. Lastly, this study demonstrates the power of political will and how a decision backed by financial investment can transform the wider system despite the challenges of transformation. For the first time in the history of education; a poor department has stuck to its guns; unwearied by the negativity surrounding the development of African languages. It committed to the cause of improving the academic achievement of the poorest of the poor. Historically, in implementing a Mathematics Curriculum, the Department of Education (both officials and teachers) has never efficiently implemented the LiEP (1997) in the manner spelt out in its policy documents viz, multilingualism as the norm. The focus has been on a perspective of learners who are learning and must English, then mathematics and ways to get them to know English at all costs. This view creates inequities in the classroom because it places emphasis on what learners don’t know or can’t do. In contrast, this study proposes a sociocultural perspective that shifts away from deficiency models of bilingual learners and instead focuses on describing the resources bilingual students use to communicate mathematically (Moskovich, 1988). Without this shift we will have a limited view of these learners and will design instruction that neglects the competencies they bring to mathematics classrooms. If, instead, we learn to recognize the mathematical ideas these students express in spite of their accents, code-switching, or missing vocabulary, then instruction can build on students’ competencies and resources (Moskovich, 1998). This study recommends a plethora of strategies that must be taken by the Department of Education to widen epistemological access to mathematics for African language learners using MTbBE as a viable strategy.
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- Date Issued: 2020
A critique of the language of record in South African courts in relation to selected university language policies
- Authors: Docrat, Zakeera
- Date: 2020
- Subjects: Language policy -- South Africa , Forensic linguistics -- South Africa , Communication in law -- South Africa , Language planning -- South Africa , Linguistic rights -- South Africa , Court interpreting and translating -- South Africa , Multilingual education -- South Africa , Language and education -- South Africa , Education, Higher -- Social aspects -- South Africa
- Language: English
- Type: text , Thesis , Doctoral , PHD
- Identifier: http://hdl.handle.net/10962/141394 , vital:37968
- Description: This interdisciplinary research located in the research area of forensic linguistics seeks to provide a critique of the monolingual language of record directive for courts in South Africa, while investigating how university language policies contribute the formulation of a monolingual language of record policy for courts, by graduating monolingual LLB students. The research commences with identifying the research problem, goals and objectives and how the language of record policy for courts is linked to university language planning. The research proceeds to an overview of scholarly literature concerning the historical developments of language planning in both the legal system and higher education in South Africa. The theoretical principles concerning the enacting of language legislation and policies is advanced in relation to the constitutional framework. This research furthermore provides a thorough critique of the constitutional framework where the language rights the other related language provisions are discussed in relation to the theory and the application thereof in case law. The research explicates that the language rights of African language speaking litigants is unfairly limited and that access to justice for these litigants is either unattainable or achieved to a lesser extent. The disparities between language, law and power are brought to the fore, where the relevant legislation and language policies fail to determine the language of record in courts as well as legislate the African language requirements for legal practitioners in giving meaning to the constitutional language rights. The language policies of six selected universities is discussed in relation to the legal system’s legislative and policy frameworks, outlining the need to transform the language of learning and teaching and develop the curriculum to support the legal system. In doing so, the shortcomings of the interpretation profession in South Africa are highlighted and the effects thereof on the language rights of litigants. This thesis advances seven African and international case studies, comprising Kenya, Morocco, Nigeria, Australia, Belgium, Canada and India. Each of the case studies provides an in-depth analysis of the language of record/proceedings in courts and the language competencies of legal practitioners and judicial officers in relation to their university education. The African case studies are illustrative that English on the African continent in courts and higher education is dominate and the resultant loss of indigenous languages marginalises people from mainstream society. The international case studies provide two models, Belgium and Canada, which South Africa can emulate, in enacting new legislation and policies and the amendment of current legislation, to ensure bilingual/ multilingual language policies are drafted for courts per province, where the language demographics present majority spoken languages alongside English. Furthermore, where courts interpret language rights and legislative and policy provisions in a purposive manner, where African language speakers are able to, fully realise their rights. Australia and India as multilingual models serve as important case studies where South Africa can learn from what to avoid, how to subvert challenges or adequately address these. These case studies highlight the dangers of a political elite who pursue an English only agenda at the expense of the indigenous languages and the speakers thereof. This thesis in conclusion provides interdisciplinary recommendations that need to be implemented in order to address the language question in South African courts and higher education.
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- Date Issued: 2020
A critique of multilingualism in South Africa’s post-democratic parliament with particular reference to the use of selected minority languages
- Authors: Masombuka, Elizabeth Lucy
- Date: 2018
- Subjects: Multilingualism -- South Africa , Language policy -- South Africa , Language and languages -- Political aspects , Linguistic minorities -- South Africa , Linguistic rights -- South Africa , South Africa. Parliament (1994- ). Parliamentary Communication Services , Hansard Society Commission on the Communication of Parliamentary Democracy
- Language: English
- Type: text , Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10962/61984 , vital:28092
- Description: Language is an essential tool in effecting transformation in a community, society as well as in a culturally diverse institution like the Parliament of South Africa. This study is undertaken to establish the progress made in the use of official languages in the Parliament of South Africa. This study critically looks at the use of eleven South African official languages by the Parliament of South Africa in its daily debates in ensuring transformation to a multilingual parliament. The focus of the study is on the publication of Hansard in all official languages, with specific reference to previously marginalised languages as declared by the Constitution. The study was done in the Language Service Section of the Parliament of South Africa. Firstly, the study looked at the History of Parliament and Hansard publications in relation to the sittings and debates of MP’s since the beginning of Parliament in South Africa. Secondly, a literature review was done on Language Policy implementation, monitoring and promotion of languages in South Africa. Review of legislative frameworks on language matters was undertaken in order to find out the compliance of parliament in using official languages in the publication of Hansard. The study evaluates the recognition of languages as well as the parliamentary in-House Language Policy (Operational Language Policy) in relation to the prescriptions of the Constitution. Findings of the study are indicated in chapter 5 of the thesis. The presentation of data comprises of the work experience of the languages practitioners in parliament, availability and critique of the Language Policy Operational Policy in Parliament, as well as findings in the published Hansard Volumes since the first parliament. The study further tries to look at challenges that hinder the use, and promotion of all languages in parliament, including the use of these languages in the publication of Hansard. The study focuses on minority languages and previously marginalised languages. Recommendations are provided as a means of helping to improve the situation regarding the implementation of the language policy that will assist parliament to transform in order to become truly multilingual. This will allow parliament to be in a position to develop previously marginalised languages.
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- Date Issued: 2018
Making South African tertiary education multilingual: the implementation, monitoring and evaluation of SANTED Multilingualism Projects 2007 – 2010
- Authors: Nosilela, Bulelwa
- Date: 2020
- Subjects: South Africa-Norway Tertiary Education Development Programme , Language policy -- South Africa , Multilingual education -- South Africa , Language and education -- South Africa , Education, Higher -- Social aspects -- South Africa
- Language: English
- Type: text , Thesis , Doctoral , PHD
- Identifier: http://hdl.handle.net/10962/140513 , vital:37895
- Description: This thesis focuses on multilingualism as it applies to education, particularly higher education in South Africa. The thesis suggests that language must be seen as critical in education (Obanya, 2004; Wolff, 2006). This thesis also suggests that there is a link between a person’s general competence in an educational environment, and that person’s language competence. In support of other scholars, this thesis also finds that learners from low social classes in society have a restricted linguistic code and therefore the learners from these social classes lack the ability to express themselves in an elaborative manner in a cognitive situation while learners from upper social class have an elaborate linguistic repertoire in the language of instruction, namely English. Even though general policy in South Africa and Africa as a whole recognises this relationship between language and education, this thesis finds that very little is being done to implement these well-meaning policies. The SANTED (South Africa-Norway-Tertiary-Education) programme, which forms the focus of this thesis, is seen as an exception. While there is an increase in the number of learners and students accessing centres of learning, especially those from historically-disadvantaged backgrounds (CHE Higher Education Monitor, 2008), there is at the same time rigorous debate in South Africa at the moment as to whether these learners and students benefit optimally from knowledge offered in centres of learning, and are therefore, not accomplishing success expected from them (Boughey, 2008). This thesis suggests that at the centre of this debate is the understanding that, while there are a variety of factors that might affect their success, for example social and economic status, schooling background in case of students in higher education, language plays a pivotal role. This thesis analyses the challenges and successes which faced the SANTED programme at a number of South African institutions where language issues were brought to the centre of the learning process. The thesis also assesses best practices in various African countries and makes recommendations regarding language-use in Higher Education, as part of a transformationprocess. The collaboration between the South African and Norwegian governments provided impetus to policy implementation. It also had other focus areas such as capacity building, access, success and retention and collaboration with Southern African Developing Countries (SADC). This thesis shows, through a critical analysis of SANTED, that it represented an important intervention regarding the promotion of multilingualism.
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- Date Issued: 2020
Language rights, intercultural communication and the law in South Africa
- Authors: Kaschula, Russell H , Ralarala, Monwabisi K
- Date: 2004
- Subjects: Language policy -- South Africa , Courts interpreting and translating -- South Africa , Intercultural communication -- South Africa , Conduct of court proceedings -- South Africa , Linguistic rights -- South Africa , Multilingualism -- South Africa
- Language: English
- Type: article , text
- Identifier: http://hdl.handle.net/10962/59434 , vital:27602 , https://doi.org/10.1080/02572117.2004.10587242
- Description: This article seeks to explore the present language scenario in courts of law. The article makes use of section 6 of the Constitution of the Republic of South Africa (1996), as a point of departure. At face value this section seems to entrench the language rights of individuals. This would mean that individuals could request trials to be held in their mother tongues, with fluent and competent speakers of that mother tongue sitting on the bench. However, this has not materialised. Contrary to popular opinion, the article argues that individual language rights are to some extent entrenched in the Constitution, but there are no mechanisms to secure such rights in the public domain. The article argues that it is often only language privileges that are preserved in institutions such as the justice system. Legally speaking, there is an obligation on the State to provide interpreters to facilitate access to all eleven official languages in courts of law. This in itself presents numerous challenges. The article argues further that the corollary to this is that there is very little space for intercultural communication in courts of law (as defined by Ting-Toomey, 1999, and Gibson, 2002). There has been little or no capacity building in this regard. It is English, to some extent Afrikaans, and the western cultural paradigm, which prevails. The result is further communication breakdown and language intolerance. In this article, the notion of language rights in courts of law is explored against the backdrop of existing theories of intercultural communication.
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- Date Issued: 2004
The intellectualisation of African languages, multilingualism and education: a research-based approach
- Authors: Kaschula, Russell H , Maseko, Pamela
- Date: 2014
- Subjects: African languages -- Study and teaching (Higher) -- South Africa , Language policy -- South Africa , Education, Higher -- South Africa , Educational change -- South Africa , Multiligualism , Multicultural education -- South Africa , Language and languages -- Study and teaching
- Language: English
- Type: article , text
- Identifier: http://hdl.handle.net/10962/59321 , vital:27548 , http://alternation.ukzn.ac.za/Files/docs/21 SpEd13/Alternation Spec Ed 13 (2014).pdf#page=13
- Description: This paper seeks to understand the relationship between the intellectualisation of African languages and the facilitation of a research approach which will enhance this intellectualisation. The paper examines the legislative language policies and other documents published by government since 1994, which guide language use and practices in higher education, including the Catalytic Project on Concept Formation in indigenous African languages (one of the recommendations contained in the Report commissioned by the Minister of Higher Education for the Charter for Humanities and Social Sciences and the language clauses of the Green Paper for Post-Secondary School Education and Training). These policy documents are analysed against the backdrop of the research work of the newly initiated NRF SARChI Chair in the Intellectualisation of African Languages, Multilingualism and Education hosted by Rhodes University. The paper argues that while policy provides an enabling environment for the promotion and development of indigenous African languages and advocates for promotion of equity and equality, in actual fact, HEIs still grapple in implementing provisions of these policies. The paper further discusses the teaching, learning and research in the African Language Studies Section of the School of Languages at Rhodes University and how the Section adopted the provisions of the national policy and institutional policy on language in turning itself into a source of intellectual vitality in the teaching, learning and research of particularly isiXhosa. Six focus areas of research, linked to the NRF SARChI Chair, will be outlined in order to create a practical link between Policy, Implementation and the Intellectualisation of African Languages. , Ucwaningo lolu luhlose ukuqonda ubudlelwano obuphakathi kokusetshenziswa kwezilimi zesintu emazingeni aphakame kanye nokusetshenziswa kwendlela yocwaningo ezokwengeza amathuba okusetshenziswa kwezilimi lezi (Finlayson & Madiba 2002). Ucwaningo luhlaziya inqubomgomo yolimi esemthethweni neminye imibhalo eshicelelwe uhulumeni elawula ukusebenza nokusetshenziswa kwezilimi kwezemfundo ephakame kusuka ngonyaka wezi-1994, kanye ne-Catalytic Project on Concept Formation in indigenous African languages (esinye seziphakamiso esiqukethwe embikweni owethulwa ngungqonqoshe wezemfundo ephakeme nge-Charter of Humanities and Social Sciences (HSSC 2011) kanye nezinhlamvu zamazwi e-Green paper for Post-secondary School education and training (2012). Imibhalo yenqubomgomo ihlaziywa kubhekwe umsebenzi wocwaningo kasihlalo we- NRF SARChl ekusetshenzisweni kwezilimi zesintu emazingeni aphakeme nobuliminingi kanye nezemfundo e- Rhodes University. Ucwaningo lolu luphakamisa umbono othi noma inqubomgomo isipha amandla okukhuphula nokuthuthukisa izilimi zesintu kanye nokukhuthaza ukulingana nokungacwasi, eqinisweni izikhungo zemfundo ephakeme zihlangabezana nobunzima bokusebenzisa izihlinzeko zenqubomgomo. Ucwaningo lolu luzoxoxa futhi ngokufundisa nokufunda kanye nocwaningo emnyangweni wezifundo zezilimi zesintu esikoleni sezilimi e-Rhodes University kanye nokuthi umnyango lo wamukela njani izihlinzeko zenqubomgomo kazwelonke kanye nezesikhungo eziphathelane nokuguqulwa kwezilimi zibe umthombo wenhlakanipho ekufundiseni nasekufundeni kanye nocwaningo ngolimi lwesiXhosa. Imikhaka emqoka eyisithupha yocwaningo ehlobene nesihlalo se-NRF SARChl izovezwa ukuze kwakhiwe ubudlelwano obenzekayo phakathi kwenqubomgomo, ukusetshenziswa kwayo kanye nokusetshenziswa kwezilimi zesintu emazingeni aphakeme.
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- Date Issued: 2014
Communicating across cultures in South African law courts: towards an information technology solution*
- Authors: Kaschula, Russell H , Mostert, André M
- Date: 2008
- Subjects: Language policy -- South Africa , Courts interpreting and translating -- South Africa , Translating and interpreting -- Technological innovations , Intercultural communication -- South Africa , Conduct of court proceedings -- South Africa , Linguistic rights -- South Africa , Multilingualism -- South Africa
- Language: English
- Type: article , text
- Identifier: http://hdl.handle.net/10962/59423 , vital:27599 , doi: 10.5842/36-0-39
- Description: Language rights in South Africa are entrenched in the Constitution of South Africa (Chapter 1, Section 6, Constitution of the Republic of South Africa, 1996). However, the concomitant infrastructure and organisational realities make this policy difficult to implement, especially in law courts (Kaschula and Ralarala 2004). Creating effective communicative environments has historically been constrained by lack of effective training of legal practitioners and by the lack of capacity for building translation structures. With the advancement of technology, potential solutions are becoming more apparent and it is incumbent upon the academic community to embark on a rigorous investigation into possible solutions and how these Information Communication Technology (ICT) solutions could be applied to the execution of justice in South African law courts. This article aims to open the discourse of possible solutions, via assessments of computer based translation solutions, ICT context simulations and other potential opportunities. The authors hope to initiate the interest of other language and legal practitioners to explore how the new technological capabilities could be harnessed to support the entrenchment of language rights in our law courts.
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- Date Issued: 2008