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.
- Full Text:
- Date Issued: 2018
- 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.
- Full Text:
- Date Issued: 2018
Equity in the South African legal system a critical ethnography
- Authors: Leiper, Jonathan
- Date: 2004
- Subjects: Court interpreting and translating -- South Africa , Language and languages -- Law and legislation -- South Africa , Translators -- Training of -- South Africa , Translators -- Legal status, laws, etc. -- South Africa , Law -- Translating -- South Africa , Law -- South Africa -- Language
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2355 , http://hdl.handle.net/10962/d1002637 , Court interpreting and translating -- South Africa , Language and languages -- Law and legislation -- South Africa , Translators -- Training of -- South Africa , Translators -- Legal status, laws, etc. -- South Africa , Law -- Translating -- South Africa , Law -- South Africa -- Language
- Description: This thesis focuses on the process of interpreting and the difficulties faced by interpreters in the Magistrates' Court in Grahamstown, South Africa. More particularly, the thesis seeks to establish whether the constitutional guarantee of language equity can be applied to the courts - given the numerous problems with interpreting. Respondents from different spheres of the legal profession were interviewed in order to ascertain their perspectives on the state of interpreting, problems that are encountered by interpreters and attitudes displayed by other members of the legal profession towards interpreters. The methodology used in the thesis is that of a critical ethnography. As such, the research also has a critical focus, seeking to determine the ideologies and interests of different ):articipants in the legal process. On the basis of the data collected, a number of conclusions are drawn. The first is that interpreting in South Africa is in trouble. The system of interpreting is beset by a number of different problems. This study describes four different types of problems that are faced by interpreters: linguistic problems, environmental problems, training and administrative issues, and poor status in the eyes of the other participants in the legal process. Together the cumulative effect of these problems is the undermining of the principle of equity in the justice system. Finally, the thesis provides various practical and achievable solutions to the problems outlined above, specifically those faced by interpreters. The researcher also critically evaluates the efforts and motives of the Department of Justice and Constitutional Development.
- Full Text:
- Date Issued: 2004
- Authors: Leiper, Jonathan
- Date: 2004
- Subjects: Court interpreting and translating -- South Africa , Language and languages -- Law and legislation -- South Africa , Translators -- Training of -- South Africa , Translators -- Legal status, laws, etc. -- South Africa , Law -- Translating -- South Africa , Law -- South Africa -- Language
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2355 , http://hdl.handle.net/10962/d1002637 , Court interpreting and translating -- South Africa , Language and languages -- Law and legislation -- South Africa , Translators -- Training of -- South Africa , Translators -- Legal status, laws, etc. -- South Africa , Law -- Translating -- South Africa , Law -- South Africa -- Language
- Description: This thesis focuses on the process of interpreting and the difficulties faced by interpreters in the Magistrates' Court in Grahamstown, South Africa. More particularly, the thesis seeks to establish whether the constitutional guarantee of language equity can be applied to the courts - given the numerous problems with interpreting. Respondents from different spheres of the legal profession were interviewed in order to ascertain their perspectives on the state of interpreting, problems that are encountered by interpreters and attitudes displayed by other members of the legal profession towards interpreters. The methodology used in the thesis is that of a critical ethnography. As such, the research also has a critical focus, seeking to determine the ideologies and interests of different ):articipants in the legal process. On the basis of the data collected, a number of conclusions are drawn. The first is that interpreting in South Africa is in trouble. The system of interpreting is beset by a number of different problems. This study describes four different types of problems that are faced by interpreters: linguistic problems, environmental problems, training and administrative issues, and poor status in the eyes of the other participants in the legal process. Together the cumulative effect of these problems is the undermining of the principle of equity in the justice system. Finally, the thesis provides various practical and achievable solutions to the problems outlined above, specifically those faced by interpreters. The researcher also critically evaluates the efforts and motives of the Department of Justice and Constitutional Development.
- Full Text:
- Date Issued: 2004
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