Language rights, intercultural communication and the law in South Africa
- Kaschula, Russell H, Ralarala, Monwabisi K
- 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.
- Full Text:
- Date Issued: 2004
- 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.
- Full Text:
- Date Issued: 2004
Oomashayela phezulu:
- Mazibuko, Nokuthula, Kaschula, Russell H
- Authors: Mazibuko, Nokuthula , Kaschula, Russell H
- Date: 2004
- Language: Zulu
- Type: text , book
- Identifier: http://hdl.handle.net/10962/175323 , vital:42565 , ISBN 9781869284251
- Description: ‘Sam, khawuphole maan, thob'umoya. KungoLwesihlanu namhlanje, sakuba nalo ithuba elininzi ngomso lokuzithethelela ebazalini bethu! Ha, ha, ha!'wagigitheka uBrunette'Thatha nantsi icider, usele!'UBrunette wayonwabile, wayekuthanda futhi ekonwabela ngoku ukusela, kwaye ezi iicider zazingavakali ngathi butywala! Wayeziva efanelekile kwibhulukhwe yakhe ebomvu, ethe nca kuye emzimbeni kakuhle, nehempe awayeyinxibe ngentla ehambelana nayo, nezihlangu ezichophileyo awayezinxibile. Wagqiba kwangexesha ukuphotha iinwele zakhe ngoboya bomsila wehashe, elungele ipati eyayiza kuba ngobo busuku. Yayintle into yokuba abe woluka iinwele zabantu. Ngokwenza njalo wayezenzela.
- Full Text:
- Date Issued: 2004
- Authors: Mazibuko, Nokuthula , Kaschula, Russell H
- Date: 2004
- Language: Zulu
- Type: text , book
- Identifier: http://hdl.handle.net/10962/175323 , vital:42565 , ISBN 9781869284251
- Description: ‘Sam, khawuphole maan, thob'umoya. KungoLwesihlanu namhlanje, sakuba nalo ithuba elininzi ngomso lokuzithethelela ebazalini bethu! Ha, ha, ha!'wagigitheka uBrunette'Thatha nantsi icider, usele!'UBrunette wayonwabile, wayekuthanda futhi ekonwabela ngoku ukusela, kwaye ezi iicider zazingavakali ngathi butywala! Wayeziva efanelekile kwibhulukhwe yakhe ebomvu, ethe nca kuye emzimbeni kakuhle, nehempe awayeyinxibe ngentla ehambelana nayo, nezihlangu ezichophileyo awayezinxibile. Wagqiba kwangexesha ukuphotha iinwele zakhe ngoboya bomsila wehashe, elungele ipati eyayiza kuba ngobo busuku. Yayintle into yokuba abe woluka iinwele zabantu. Ngokwenza njalo wayezenzela.
- Full Text:
- Date Issued: 2004
Imbongi and griot: toward a comparative analysis of oral poetics in Southern and West Africa
- Authors: Kaschula, Russell H
- Date: 1999
- Subjects: Folk poetry, African , Oral tradition -- Africa , Folk literature -- Africa
- Language: English
- Type: article , text
- Identifier: http://hdl.handle.net/10962/59379 , vital:27576 , https://doi.org/10.1080/13696819908717840
- Description: This article takes up the challenge of comparative research in Africa by analysing and comparing the oral art of West African griots and Southern African iimbongi or oral poets. Similarities and differences between these performers and their respective societies are highlighted through the use of an ethnographic methodology. A distinction is drawn between the more traditional performers such as Thiam Anchou and D.L.P. Yali-Manisi, and the more modern performers such as M’Bana Diop, Bongani Sitole and Zolani Mkiva. The rich use of genealogy and history in the more traditional performances is highlighted. In comparing the work of the more contemporary, urban poets such as M’bana Diop of Senegal and Zolani Mkiva from Southern Africa, similarities are found in their performances on post-independence leaders such as Senghor and Mandela. Political pressures which have been brought to bear on the performer are also discussed. This article explores the continuity between the past and the present in relation to aspects such as the following: how performers gain recognition, their continued survival, their relationship with politics and religion, the orality- literacy debate, and the stylistic techniques used by these performers. Wherever possible, examples of performers and their work are provided.
- Full Text:
- Date Issued: 1999
- Authors: Kaschula, Russell H
- Date: 1999
- Subjects: Folk poetry, African , Oral tradition -- Africa , Folk literature -- Africa
- Language: English
- Type: article , text
- Identifier: http://hdl.handle.net/10962/59379 , vital:27576 , https://doi.org/10.1080/13696819908717840
- Description: This article takes up the challenge of comparative research in Africa by analysing and comparing the oral art of West African griots and Southern African iimbongi or oral poets. Similarities and differences between these performers and their respective societies are highlighted through the use of an ethnographic methodology. A distinction is drawn between the more traditional performers such as Thiam Anchou and D.L.P. Yali-Manisi, and the more modern performers such as M’Bana Diop, Bongani Sitole and Zolani Mkiva. The rich use of genealogy and history in the more traditional performances is highlighted. In comparing the work of the more contemporary, urban poets such as M’bana Diop of Senegal and Zolani Mkiva from Southern Africa, similarities are found in their performances on post-independence leaders such as Senghor and Mandela. Political pressures which have been brought to bear on the performer are also discussed. This article explores the continuity between the past and the present in relation to aspects such as the following: how performers gain recognition, their continued survival, their relationship with politics and religion, the orality- literacy debate, and the stylistic techniques used by these performers. Wherever possible, examples of performers and their work are provided.
- Full Text:
- Date Issued: 1999
Imbongi in Profile
- Authors: Kaschula, Russell H
- Date: 1993
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/124689 , vital:35649 , https://www.jstor.org/stable/40238706
- Description: Today, many elements of the tradition have been discarded or adapted; nevertheless, the concept of singing praises still retains an identifiable character which is based on past tradition. In this tradition, the imbongi' s relationship with his audience and the function of his izibongo (poetry) within his society are of utmost importance. Any analysis of this communitarian art form will therefore have to take into account the context of the performance, the nature of the audience, and the role of the imbongi in a society which continues to be subject to socio-cultural and political pressures of unused intensity. My intention in this article is to provide a case study of Bongani Sitole, a contemporary imbongi, in order to instance some of the ways in which the tradition has adapted. During the course of the discussion mention will also be made of other iimbongi.
- Full Text:
- Date Issued: 1993
- Authors: Kaschula, Russell H
- Date: 1993
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/124689 , vital:35649 , https://www.jstor.org/stable/40238706
- Description: Today, many elements of the tradition have been discarded or adapted; nevertheless, the concept of singing praises still retains an identifiable character which is based on past tradition. In this tradition, the imbongi' s relationship with his audience and the function of his izibongo (poetry) within his society are of utmost importance. Any analysis of this communitarian art form will therefore have to take into account the context of the performance, the nature of the audience, and the role of the imbongi in a society which continues to be subject to socio-cultural and political pressures of unused intensity. My intention in this article is to provide a case study of Bongani Sitole, a contemporary imbongi, in order to instance some of the ways in which the tradition has adapted. During the course of the discussion mention will also be made of other iimbongi.
- Full Text:
- Date Issued: 1993
The transitional role of the Xhosa oral poet in contemporary South African society
- Authors: Kaschula, Russell H
- Date: 1991
- Subjects: Folk poetry, Xhosa Xhosa (African people) -- Religion Xhosa (African people) -- Social life and customs Xhosa poetry Laudatory poetry
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:3563 , http://hdl.handle.net/10962/d1002085 , https://orcid.org/0000-0002-5481-6748
- Description: This thesis outlines the changing role of the Xhosa imbongi in contemporary South African society. The changing socio-economic and political scenario in South Africa, and the way in which the imbongi is adapting in order to accommodate new pressures created by these changes, form an integral part of this thesis. The effects of education and increasing literacy on the tradition are outlined. The interaction between oral and written forms is explored in chapter 2. The role of the imbongi within the religious sphere is included in chapter 3. Xhosa preachers within the independent churches often make use of the styles and techniques associated with oral poetry. Iimbongi who are not necessarily preachers also operate within this context. The relationship between the Congress of South African Trade Unions, the African National Congress and iimbongi has also been researched and forms part of chapters 4, 5, and the epilogue. The modern imbongi is drawn towards powerful organisations offering alternative leadership to many of the traditional chiefs. In the epilogue collected poetry is analysed in the context of Mandela's visit to Transkei in April 1990. Interviews have been conducted with chiefs, iimbongi attached to chiefs as well as those attached to different organisations. Poetry has been collected and analysed. In chapter 5, three case studies of modern iimbongi are included. The problems facing these iimbongi in their different contexts, as well as the power bases from which they draw, are outlined. Finally, an alternative definition of the imbongi is offered in the conclusion
- Full Text:
- Date Issued: 1991
- Authors: Kaschula, Russell H
- Date: 1991
- Subjects: Folk poetry, Xhosa Xhosa (African people) -- Religion Xhosa (African people) -- Social life and customs Xhosa poetry Laudatory poetry
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:3563 , http://hdl.handle.net/10962/d1002085 , https://orcid.org/0000-0002-5481-6748
- Description: This thesis outlines the changing role of the Xhosa imbongi in contemporary South African society. The changing socio-economic and political scenario in South Africa, and the way in which the imbongi is adapting in order to accommodate new pressures created by these changes, form an integral part of this thesis. The effects of education and increasing literacy on the tradition are outlined. The interaction between oral and written forms is explored in chapter 2. The role of the imbongi within the religious sphere is included in chapter 3. Xhosa preachers within the independent churches often make use of the styles and techniques associated with oral poetry. Iimbongi who are not necessarily preachers also operate within this context. The relationship between the Congress of South African Trade Unions, the African National Congress and iimbongi has also been researched and forms part of chapters 4, 5, and the epilogue. The modern imbongi is drawn towards powerful organisations offering alternative leadership to many of the traditional chiefs. In the epilogue collected poetry is analysed in the context of Mandela's visit to Transkei in April 1990. Interviews have been conducted with chiefs, iimbongi attached to chiefs as well as those attached to different organisations. Poetry has been collected and analysed. In chapter 5, three case studies of modern iimbongi are included. The problems facing these iimbongi in their different contexts, as well as the power bases from which they draw, are outlined. Finally, an alternative definition of the imbongi is offered in the conclusion
- Full Text:
- Date Issued: 1991
Cross-cultural communication in a north-eastern Cape farming community:
- Authors: Kaschula, Russell H
- Date: 1989
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/175313 , vital:42564 , https://doi.org/10.1080/02572117.1989.10586786
- Description: Cross-cultural communication is dealt with and more specifically, the communicative competence of 15 white English-speaking farmers when they speak Xhosa to their labourers is assessed. This research was conducted in the Elliot, Ugie, and Maclear areas of the north-eastern Cape. A broad sociolinguistic framework drawing on both ethnographic and ethnomethodological principles was used; complications caused by cross-cultural differences which are reflected in language, and which may lead to possible communication breakdown, were isolated. The actual analysis of speech in terms of ethnomethodological principles, such as turn-taking and the co-operative principle, was undertaken.
- Full Text:
- Date Issued: 1989
- Authors: Kaschula, Russell H
- Date: 1989
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/175313 , vital:42564 , https://doi.org/10.1080/02572117.1989.10586786
- Description: Cross-cultural communication is dealt with and more specifically, the communicative competence of 15 white English-speaking farmers when they speak Xhosa to their labourers is assessed. This research was conducted in the Elliot, Ugie, and Maclear areas of the north-eastern Cape. A broad sociolinguistic framework drawing on both ethnographic and ethnomethodological principles was used; complications caused by cross-cultural differences which are reflected in language, and which may lead to possible communication breakdown, were isolated. The actual analysis of speech in terms of ethnomethodological principles, such as turn-taking and the co-operative principle, was undertaken.
- Full Text:
- Date Issued: 1989