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.
- Full Text:
- Date Issued: 2020
- 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.
- Full Text:
- Date Issued: 2020
Making South African tertiary education multilingual: the implementation, monitoring and evaluation of SANTED Multilingualism Projects 2007 – 2010
- Authors: Nosilela, Bulelwa
- Date: 2020
- Subjects: South Africa-Norway Tertiary Education Development Programme , Language policy -- 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/10962/140513 , vital:37895
- Description: This thesis focuses on multilingualism as it applies to education, particularly higher education in South Africa. The thesis suggests that language must be seen as critical in education (Obanya, 2004; Wolff, 2006). This thesis also suggests that there is a link between a person’s general competence in an educational environment, and that person’s language competence. In support of other scholars, this thesis also finds that learners from low social classes in society have a restricted linguistic code and therefore the learners from these social classes lack the ability to express themselves in an elaborative manner in a cognitive situation while learners from upper social class have an elaborate linguistic repertoire in the language of instruction, namely English. Even though general policy in South Africa and Africa as a whole recognises this relationship between language and education, this thesis finds that very little is being done to implement these well-meaning policies. The SANTED (South Africa-Norway-Tertiary-Education) programme, which forms the focus of this thesis, is seen as an exception. While there is an increase in the number of learners and students accessing centres of learning, especially those from historically-disadvantaged backgrounds (CHE Higher Education Monitor, 2008), there is at the same time rigorous debate in South Africa at the moment as to whether these learners and students benefit optimally from knowledge offered in centres of learning, and are therefore, not accomplishing success expected from them (Boughey, 2008). This thesis suggests that at the centre of this debate is the understanding that, while there are a variety of factors that might affect their success, for example social and economic status, schooling background in case of students in higher education, language plays a pivotal role. This thesis analyses the challenges and successes which faced the SANTED programme at a number of South African institutions where language issues were brought to the centre of the learning process. The thesis also assesses best practices in various African countries and makes recommendations regarding language-use in Higher Education, as part of a transformationprocess. The collaboration between the South African and Norwegian governments provided impetus to policy implementation. It also had other focus areas such as capacity building, access, success and retention and collaboration with Southern African Developing Countries (SADC). This thesis shows, through a critical analysis of SANTED, that it represented an important intervention regarding the promotion of multilingualism.
- Full Text:
- Date Issued: 2020
- Authors: Nosilela, Bulelwa
- Date: 2020
- Subjects: South Africa-Norway Tertiary Education Development Programme , Language policy -- 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/10962/140513 , vital:37895
- Description: This thesis focuses on multilingualism as it applies to education, particularly higher education in South Africa. The thesis suggests that language must be seen as critical in education (Obanya, 2004; Wolff, 2006). This thesis also suggests that there is a link between a person’s general competence in an educational environment, and that person’s language competence. In support of other scholars, this thesis also finds that learners from low social classes in society have a restricted linguistic code and therefore the learners from these social classes lack the ability to express themselves in an elaborative manner in a cognitive situation while learners from upper social class have an elaborate linguistic repertoire in the language of instruction, namely English. Even though general policy in South Africa and Africa as a whole recognises this relationship between language and education, this thesis finds that very little is being done to implement these well-meaning policies. The SANTED (South Africa-Norway-Tertiary-Education) programme, which forms the focus of this thesis, is seen as an exception. While there is an increase in the number of learners and students accessing centres of learning, especially those from historically-disadvantaged backgrounds (CHE Higher Education Monitor, 2008), there is at the same time rigorous debate in South Africa at the moment as to whether these learners and students benefit optimally from knowledge offered in centres of learning, and are therefore, not accomplishing success expected from them (Boughey, 2008). This thesis suggests that at the centre of this debate is the understanding that, while there are a variety of factors that might affect their success, for example social and economic status, schooling background in case of students in higher education, language plays a pivotal role. This thesis analyses the challenges and successes which faced the SANTED programme at a number of South African institutions where language issues were brought to the centre of the learning process. The thesis also assesses best practices in various African countries and makes recommendations regarding language-use in Higher Education, as part of a transformationprocess. The collaboration between the South African and Norwegian governments provided impetus to policy implementation. It also had other focus areas such as capacity building, access, success and retention and collaboration with Southern African Developing Countries (SADC). This thesis shows, through a critical analysis of SANTED, that it represented an important intervention regarding the promotion of multilingualism.
- Full Text:
- Date Issued: 2020
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