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
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.
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- Date Issued: 2019
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.
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- Date Issued: 2018
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
Communicating across cultures in South African law courts: towards an information technology solution*
- Authors: Kaschula, Russell H , Mostert, André M
- Date: 2008
- Subjects: Language policy -- South Africa , Courts interpreting and translating -- South Africa , Translating and interpreting -- Technological innovations , 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/10962/59423 , vital:27599 , doi: 10.5842/36-0-39
- Description: Language rights in South Africa are entrenched in the Constitution of South Africa (Chapter 1, Section 6, Constitution of the Republic of South Africa, 1996). However, the concomitant infrastructure and organisational realities make this policy difficult to implement, especially in law courts (Kaschula and Ralarala 2004). Creating effective communicative environments has historically been constrained by lack of effective training of legal practitioners and by the lack of capacity for building translation structures. With the advancement of technology, potential solutions are becoming more apparent and it is incumbent upon the academic community to embark on a rigorous investigation into possible solutions and how these Information Communication Technology (ICT) solutions could be applied to the execution of justice in South African law courts. This article aims to open the discourse of possible solutions, via assessments of computer based translation solutions, ICT context simulations and other potential opportunities. The authors hope to initiate the interest of other language and legal practitioners to explore how the new technological capabilities could be harnessed to support the entrenchment of language rights in our law courts.
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- Date Issued: 2008
Language rights, intercultural communication and the law in South Africa
- 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.
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- Date Issued: 2004