Linguistic Human Rights Presentation to the PPC on Justice-Correctional Services 19 September 2014 Presenters: Prof. M Madiba & Adv. N Ntebe.

Linguistic Human Rights Presentation to the PPC on Justice-Correctional Services

19 September 2014Presenters: Prof. M Madiba & Adv. N Ntebe

TABLE OF CONTENTS

1. Purpose

2. Role of LHR

2.1 Reactive Role

2.2 Proactive Role

3. Hindrances to Legal Services and Justice caused by

Linguistic Human Rights

4. Concluding Remarks

5. Recommendations

PURPOSE

Brief overview of the role of the Linguistic Human Rights (LHR);

The impact of ignorance about Linguistic Human Rights on access to legal services and justice; and

Recommendations on how to minimize hindrances to access to legal services and justice (caused by ignorance of Linguistic Human Rights)

ROLE OF LINGUISTIC HUMAN RIGHTS

COMPLIANCE : REACTIVE

SECTION 11 of the PanSALB ActMandatory Role of attending to Linguistic Rights complaints and/or violationsAttend to violations at its own accord

SECTION 8 of the Use of Official Languages Act (UOLA)Advisory capacity: Executive Authority on

Development of Language Policy Adoption Implementation

COMPLIANCE: REACTIVE ROLE (Cont.)

SECTION 8 : USE OF OFFICIAL LANGUAGES ACT

Monitor and Assess Use Compliance

Reporting Receive external reports Internal and External

ROLE OF LINGUISTIC HUMAN RIGHTS

PROACTIVEDispute Resolution : PLCs

Advocacy, Outreach Programs and Linguistic Human Rights Awareness Campaigns

Internal and External Coordination of Linguistic Human Rights Awareness Campaigns and Products

HINDRANCES TO ACCESS TO LEGAL SERVICES AND JUSTICE

CAUSED BY IGNORANCE OF LINGUISTIC HUMAN RIGHTS

Forensic Linguistics Awareness and Access on LHR

Only 25% of SA Population speaks English or Afrikaans as a Mother tongue whilst 70 % speak in African Language as a mother tongue (Stats: 2011)

Laying/lodging of a charge or complainto Statement Taking

HINDRANCES TO ACCESS TO LEGAL SERVICES AND JUSTICE

CAUSED BY IGNORANCE OF LINGUISTIC HUMAN RIGHTS

Forensic Linguistics (Cont.) Language Hegemony

o English and Afrikaans as languages of Record in the Criminal Justice System

o right of a languageo right to a language

HINDRANCES TO ACCESS TO LEGAL SERVICES AND JUSTICE

CAUSED BY IGNORANCE OF LINGUISTIC HUMAN RIGHTS

Interpretation: S v Oscar Pretorius Idioms Dialects Context

Transcription Spelling Context Dialects

HINDRANCES TO ACCESS TO LEGAL SERVICES AND JUSTICE

CAUSED BY IGNORANCE OF LINGUISTIC HUMAN RIGHTS

Translation Professional expertise Litigation associated with poor translation Quality control Pre translation instructions

Psycholinguistic Effects Societal use of languages

CONCLUDING REMARKS

• The development & empowerment of a language is the development & empowerment of its native speakers

• If the language question is not addressed in the Judiciary, there are no prospects of development and empowerment of African languages

CONCLUDING REMARKS

• Constitutional provisions:– Section 6(4): All official languages must enjoy parity of

esteem and must be treated equitably– Section 9: The state may not unfairly discriminate directly or

indirectly against anyone on one or more grounds, including culture & language

– Section 30: Everyone has the right to use the language and to participate in the cultural life of their choice

CONCLUDING REMARKS

– Section 31(1): Persons belonging to a cultural, religious or linguistic community may not be denied the right, with other members of that community -

(a) to enjoy their culture, practice their religion and use their language; and

(b) to form, join and maintain cultural, religious and linguistic associations and other organs of civil society.

CONCLUDING REMARKS

— Section 35(3): Every accused person has a right to a fair trial, which includes the right—

(k) to be tried in a language that the accused person understands or, if that is not practicable, to have the proceedings interpreted in that language.

— Section 35(4): Whenever this section requires information to be given to a person, that information must be given in a language that the person understands.

RECOMMENDATIONS

Functional Tribunal

Complaints Administration and Managemento Proper statement taking and investigation of LHR complaints

o Adjudication and pronouncement of verdicts – Confidence on the protection of LHR

RECOMMENDATIONS

Functional Tribunal (Cont.) Research flowing complaints adjudication

o Publications: Case Law

Papers

Articles

Journals

PanSALB - Take matters to the Equality Court

Rehabilitation and Moral Regeneration

THANK YOU

SIYABONGA

NANGAMSO

BAIE DANKIE