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
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.
- Full Text:
- Date Issued: 2018
- 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.
- Full Text:
- Date Issued: 2018
Students’ perspectives on the language question in South African Higher Education: the expression of marginalized linguistic identities on Rhodes University students’ Facebook pages
- Authors: Resha, Babalwa
- Date: 2019
- Subjects: Language policy -- South Africa -- Makhanda , Language and education -- South Africa -- Makhanda , Sociolinguistics -- South Africa -- Makhanda , Language and languages -- Study and teaching -- Social aspects -- South Africa -- Makhanda , Linguistic rights -- South Africa , Translanguaging (Linguistics) , Multilingual education -- South Africa -- Makhanda , Educational change -- South Africa -- Makhanda , South Africa – Makhanda -- Language and languages -- Political aspects , Student movements -- South Africa -- Makhanda , Online social networks -- South Africa -- Makhanda , Rhodes University -- Sociological aspects , Facebook (Firm) , UCKAR
- Language: English
- Type: text , Thesis , Doctoral , MA
- Identifier: http://hdl.handle.net/10962/119813 , vital:34785
- Description: The study analyses students’ engagement with the language question in South African Higher Education (HE) and their use of African languages on the institutional Facebook pages, namely UCKAR and RHODES SRC, during the student protests of 2015 to early 2017. Extensive use of social media is a salient feature of the protests as indicated by the hashtag prefixes such as #RhodesMustFall and #FeesMustFall. On these platforms, disgruntled students use their multiple languages to interact, establish a sense of belonging and power to challenge different forms of exclusionary institutional culture, including language policies and practices in HE. The research examines and explores students’ perspectives on the language question in Higher Education Institutions (HEIs) on the two institutional Facebook pages, and how mother tongue speakers of indigenous African languages use these languages to express their marginalized linguistic identities in HEIs in South Africa. Theoretically, the study uses the notion of linguistic imperialism to provide a broad context for understanding the language question in South African HE and its significance in transformation. The engagement with the language question on the UCKAR and RHODES SRC Facebook pages is carried out from the lenses of citizen sociolinguistics while the new theory of translanguaging offers the analysis on language usage and alternative ways of addressing linguistic hegemony in educational environments. The translanguaging approach has the capacity to demonstrate multi-layered linguistic practices and reflections on the UCKAR and RHODES pages. It is the interest of the researcher to investigate how students with various linguistic and other backgrounds engage the language question and perform linguistic identities. Language usage on the two Rhodes University institutional Facebook pages and its implications on students’ engagement with issues, is used to provide insight towards the implementation of multilingualism in the university. The study is virtual ethnographic in nature. Virtual ethnography is an online research method that employs ethnographic research to study online social interactions. To analyse data, the study used a textual analysis technique as it looks at any analysis of texts broadly. Critical Discourse Analysis approach was used to analyse language debates. Purposive sampling was also used to select Facebook posts and comments on the language question and those written in African languages, and interviews were conducted with key members of Rhodes University, to bring forth their perspectives on the institution’s language policy and to figure out what plans are put into place to engage students in debates on the language question because students are important stakeholders of the university, and at the same time some of these students are also speakers of indigenous African languages. In general, the research findings have shown that students as users of languages in HEIs are capable of engendering debates that could be used as solutions to the language question and transformation in the South African HEIs. Thus, this study offers a different approach into engaging with students, their perspective and debates through institutional Facebook pages. In addition, it offers students’ perspectives on the curriculum of the university and how the university can go about its transformation. This study provides evidence that the use of indigenous African languages by mother tongue speakers of these languages in institutes of higher learning and their related institutional Facebook pages and social media in general, is an expression of marginalized linguistic identities of these language speakers. Sometimes these identities are multiple, and students use different modalities to express them, hence the notion of translanguaging.
- Full Text:
- Date Issued: 2019
- Authors: Resha, Babalwa
- Date: 2019
- Subjects: Language policy -- South Africa -- Makhanda , Language and education -- South Africa -- Makhanda , Sociolinguistics -- South Africa -- Makhanda , Language and languages -- Study and teaching -- Social aspects -- South Africa -- Makhanda , Linguistic rights -- South Africa , Translanguaging (Linguistics) , Multilingual education -- South Africa -- Makhanda , Educational change -- South Africa -- Makhanda , South Africa – Makhanda -- Language and languages -- Political aspects , Student movements -- South Africa -- Makhanda , Online social networks -- South Africa -- Makhanda , Rhodes University -- Sociological aspects , Facebook (Firm) , UCKAR
- Language: English
- Type: text , Thesis , Doctoral , MA
- Identifier: http://hdl.handle.net/10962/119813 , vital:34785
- Description: The study analyses students’ engagement with the language question in South African Higher Education (HE) and their use of African languages on the institutional Facebook pages, namely UCKAR and RHODES SRC, during the student protests of 2015 to early 2017. Extensive use of social media is a salient feature of the protests as indicated by the hashtag prefixes such as #RhodesMustFall and #FeesMustFall. On these platforms, disgruntled students use their multiple languages to interact, establish a sense of belonging and power to challenge different forms of exclusionary institutional culture, including language policies and practices in HE. The research examines and explores students’ perspectives on the language question in Higher Education Institutions (HEIs) on the two institutional Facebook pages, and how mother tongue speakers of indigenous African languages use these languages to express their marginalized linguistic identities in HEIs in South Africa. Theoretically, the study uses the notion of linguistic imperialism to provide a broad context for understanding the language question in South African HE and its significance in transformation. The engagement with the language question on the UCKAR and RHODES SRC Facebook pages is carried out from the lenses of citizen sociolinguistics while the new theory of translanguaging offers the analysis on language usage and alternative ways of addressing linguistic hegemony in educational environments. The translanguaging approach has the capacity to demonstrate multi-layered linguistic practices and reflections on the UCKAR and RHODES pages. It is the interest of the researcher to investigate how students with various linguistic and other backgrounds engage the language question and perform linguistic identities. Language usage on the two Rhodes University institutional Facebook pages and its implications on students’ engagement with issues, is used to provide insight towards the implementation of multilingualism in the university. The study is virtual ethnographic in nature. Virtual ethnography is an online research method that employs ethnographic research to study online social interactions. To analyse data, the study used a textual analysis technique as it looks at any analysis of texts broadly. Critical Discourse Analysis approach was used to analyse language debates. Purposive sampling was also used to select Facebook posts and comments on the language question and those written in African languages, and interviews were conducted with key members of Rhodes University, to bring forth their perspectives on the institution’s language policy and to figure out what plans are put into place to engage students in debates on the language question because students are important stakeholders of the university, and at the same time some of these students are also speakers of indigenous African languages. In general, the research findings have shown that students as users of languages in HEIs are capable of engendering debates that could be used as solutions to the language question and transformation in the South African HEIs. Thus, this study offers a different approach into engaging with students, their perspective and debates through institutional Facebook pages. In addition, it offers students’ perspectives on the curriculum of the university and how the university can go about its transformation. This study provides evidence that the use of indigenous African languages by mother tongue speakers of these languages in institutes of higher learning and their related institutional Facebook pages and social media in general, is an expression of marginalized linguistic identities of these language speakers. Sometimes these identities are multiple, and students use different modalities to express them, hence the notion of translanguaging.
- Full Text:
- Date Issued: 2019
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