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
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