[Lgpolicy-list] [lg policy] South Africa: Language Equality 'Impractical'

[Harold Schiffman]

Language Equality 'Impractical'

WHILE the constitution ensures the equality of all indigenous languages,
giving them the status of English and Afrikaans in court proceedings may be
a distant dream.

This was apparent from a remark by a judge of the High Court in
Pietermaritzburg when reviewing a magistrate’s decision in a criminal case
conducted in isiZulu. The case was an automatic review of a Mahlabathini
Magistrate’s Court trial in which an unrepresented man was convicted of
assault with intent to do grievous bodily harm and sentenced to a six-month
prison term, suspended.

Judge Simon Ndlovu, who heard the case on review, said it had taken too
long — three months — to transcribe the record for the High Court because
the proceedings were conducted in isiZulu.

However, the magistrate defended his decision to hear the case in isiZulu,
saying everyone involved was Zulu speaking and the constitution called for
the equality of all 11 official languages. He said the transcription took
so long because the clerk of the court must have misfiled the record.

The law provides for magistrates to hear cases in any official language,
and the constitutional right to a fair trial includes the right to be tried
in a language the accused understands or, if not practical, to have the
proceedings interpreted.

However, Judge Ndlovu said the courts lacked the infrastructure to realise
the ideal of using indigenous languages. Hearing a case in English or
Afrikaans was preferable to a case being delayed.

"Such outcomes would have dire and prejudicial consequences to the accused
concerned."

Pan South African Language Board chairman Mbulungeni Madiba said the use of
all official languages in court should be encouraged, especially in rural
areas, where people were likely to speak the same language.

The Chief Magistrates Forum is to seek Chief Justice Mogoeng Mogoeng’s
guidance on a language policy for magistrates’ courts.




-- 
**************************************
N.b.: Listing on the lgpolicy-list is merely intended as a service to its
members
and implies neither approval, confirmation nor agreement by the owner or
sponsor of the list as to the veracity of a message's contents. Members who
disagree with a message are encouraged to post a rebuttal, and to write
directly to the original sender of any offensive message.  A copy of this
may be forwarded to this list as well.  (H. Schiffman, Moderator)

http://www.bdlive.co.za/national/2014/12/11/language-equality-impractical

For more information about the lgpolicy-list, go to
https://groups.sas.upenn.edu/mailman/
listinfo/lgpolicy-list
*******************************************
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://listserv.linguistlist.org/pipermail/lgpolicy-list/attachments/20141211/88526b5f/attachment.htm>
-------------- next part --------------
_______________________________________________
This message came to you by way of the lgpolicy-list mailing list
lgpolicy-list at groups.sas.upenn.edu
To manage your subscription unsubscribe, or arrange digest format: https://groups.sas.upenn.edu/mailman/listinfo/lgpolicy-list