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

2. 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

3. 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)

4. ROLE OF LINGUISTIC HUMAN RIGHTS COMPLIANCE : REACTIVE SECTION 11 of the PanSALB Act  Mandatory Role of attending to Linguistic Rights complaints and/or violations  Attend 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

5. COMPLIANCE: REACTIVE ROLE (Cont.) SECTION 8 : USE OF OFFICIAL LANGUAGES ACT  Monitor and Assess Use Compliance  Reporting Receive external reports Internal and External

6. ROLE OF LINGUISTIC HUMAN RIGHTS PROACTIVE  Dispute Resolution : PLCs  Advocacy, Outreach Programs and Linguistic Human Rights Awareness Campaigns  Internal and External Coordination of Linguistic Human Rights Awareness Campaigns and Products

7. 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 complaint o Statement Taking

8. 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 language o right to a language

9. 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

10. 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

11. 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

12. 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

13. 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.

14. 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.

15. RECOMMENDATIONS  Functional Tribunal Complaints Administration and Management o Proper statement taking and investigation of LHR complaints o Adjudication and pronouncement of verdicts – Confidence on the protection of LHR

16. 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

17. THANK YOU SIYABONGA NANGAMSO BAIE DANKIE