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16 May 2022 | Story Dr Nitha Ramnath

 

 

 

As a public higher-education institution in South Africa with a responsibility to contribute to public discourse, the University of the Free State (UFS) will be presenting the webinar in collaboration with News24 and the Free State Literature Festival.  The aim of the webinar series is to discuss issues facing South Africa by engaging experts at the university and in South Africa.

Some of the topics discussed by leading experts in 2021 included, among others, reimagining universities for student success; corruption in South Africa – the endemic pandemic; South African politics and the local government elections; is South Africa falling apart: where to from here; predications for 2022; and why vaccinate?

First webinar presented on 31 May 2022
There is a perception that the presence of migrants in South Africa is compromising job opportunities and is the source of crime and inadequate service delivery, among other things. People are being stopped on the street by private citizens and forced to produce identification to verify their immigration status. Some political leaders are exploiting people’s grievances for political gain and are making unfounded pronouncements about immigrants. Businesses of migrants are being looted, burned, and destroyed. People’s homes are being invaded and raided for evidence of criminal activity. Frequent attacks are being levelled and people are even killed because of how they look and because of their accent.

Is the focus and targeting of foreigners merely a smokescreen for government’s failures?
These are some of the aspects we look forward to discussing in the forthcoming webinar.

Date: Tuesday, 31 May 2022
Topic: Crime in South Africa – who is to blame?
Time: 12:30-14:00
RSVP: Alicia Pienaar, pienaaran1@ufs.ac.za by 29 May 2022


Facilitator:

Prof Francis Petersen
Rector and Vice-Chancellor, UFS

Panellists:

Adriaan Basson
Editor-in-Chief
News24

Gareth Newham
Head of the Justice and Violence Prevention Programme
The Institute for Security Studies

Prof Joy Owen
Head of Department: Anthropology
Faculty of the Humanities, UFS

Judge at the High Court of Cape Town and Judge President of the Competition Appeal Court 


Bios of speakers:

Adriaan Basson

Adriaan Basson is the editor-in-chief of News24, South Africa's biggest website. Before that, he edited Netwerk24 and the daily newspaper Beeld. He is a recipient of the CNN African Journalist of the Year award for news, the Standard Bank Sikuvile Journalist of the Year award, and the Taco Kuiper award for investigative journalism. He has reported for Beeld, the Mail & Guardian, and City Press. In 2010, he co-founded the M&G Centre for Investigative Journalism, nicknamed amaBhungane. Basson has authored four non-fiction books, the latest being Blessed by Bosasa: Inside Gavin Watson’s State Capture Cult (Jonathan Ball Publishers).

Prof Joy Owen

Prof Joy Owen is an academic, mother, and Head of the Department of Anthropology at the University of the Free State. The former head of department and deputy dean (Humanities) at Rhodes University, Prof Owen spent some time as a visiting lecturer at the University of Münster (Germany) in 2016, and as a TORCH Global South visiting professor at the University of Oxford (UK) in 2019.

Prof Owen’s primary research love is African transnational migration. Her monograph, titled Congolese social networks: Living on the margins in Muizenberg, Cape Town, detailed the lives of transnational Congolese migrants residing in Muizenberg in the first decade of the twenty-first century. Her work homes in on the complex ways in which African transnational migrants create and maintain belonging in post-apartheid South Africa. Focusing particularly on social networks, Prof Owen demonstrates how contingency, strategy, love, and habitus support onward migration (or not).

A second research flirtation is embodied in critical pedagogy that recognises students as knowledge holders and producers through their experiences prior to and during higher education. Students are critical teaching and learning collaborators in classroom spaces, however defined. As an invisible pioneer, ‘Just Joy’ – as described by one of the students she supervises – merges both head and heart in her teaching, as she encourages students to become critically conscious of the world they have inherited and are creating, and the ways in which all forms of oppression can and need to be collectively addressed.

Prof Owen’s work, including her research, teaching, and administrative work, unobtrusively pulls apart academic and social binaries, making the world safer for the appreciation and celebration of difference – the primary marker of humanity.

Gareth Newham

Gareth Newham has spent the past 26 years working to promote public safety and justice in South Africa. In January 2010, he joined the Institute for Security Studies (ISS), which is an independent Pan-African organisation that undertakes policy research, technical support, and capacity building to enhance human security across Africa.

Newham currently heads the Justice and Violence Programme, which consists of a team of people working to inform government policy and practice, and to promote public awareness on effective responses to preventing and reducing violence, crime, and corruption, and improving the performance of the criminal justice system in South Africa.

He regularly publishes both nationally and internationally, and regularly briefs various government departments, parliamentary committees, civil society organisations, the private sector, international audiences, and the media on his areas of work. From 2016 and 2018, he served on the independent ‘Panel of Experts on Policing and Crowd Management,’ appointed by the Cabinet. More recently, he was a contributing author to an internationally published book, titled ‘Police Integrity in South Africa.’

Prior to joining the ISS, Newham held the positions of Strategic Adviser and Special Projects Manager to the Gauteng Provincial Minister (MEC) for Community Safety (2006-2009). He also served as Project Manager in the Centre for the Study of Violence and Reconciliation (1999-2005), and Project Manager in the Institute for Democracy in South Africa (1995-1998).

Justice Dennis Davis

Judge Dennis Davis, who retired from the bench in December 2020, was educated at the Herzlia School and the Universities of Cape Town and Cambridge. He served as judge of the High Court of Cape Town (since 1998) and Judge President of the Competition Appeal Court (since February 2000). He is honorary professor at the Universities of Cape Town, the Western Cape, Wits and is an extraordinary professor in the University of the Free State Centre for Human Rights. He is also Chair of the Davis Tax Committee and was one of the drafters of the Competition Act 1998 and the Companies Act 2008. He authored 11 books and held visiting professorial posts at the universities of Toronto, Melbourne, Harvard, Florida Brown, Georgetown and New York University. Judge Davis received an honorary doctorate from the University of the Free State in April 2022.

 


News Archive

Researcher finds ways to serve justice efficiently
2016-01-07

Description: Prof Monwabisi Ralarala  Tags: Prof Monwabisi Ralarala

Prof Monwabisi Ralarala tackled the serving of justice from a linguistic viewpoint.
Photo: Supplied

In 2012, local and international media was saturated with reports of the Eugène Terre’Blanche murder trial. At the judgment, Judge John Horn read a lengthy extensive document, of which three pages were dedicated to voicing his concern about how police officers distort statements in the process of translation. Considering the fact that statements are the entry points to the criminal justice system, Prof Monwabisi Ralarala’s attention was drawn to the negative impact such distortion had insofar as the administration of justice was concerned. Of the three PhD degrees conferred by the University of the Free State (UFS) Faculty of Humanities at the 2015 Summer Graduation, one was in Language Practice with Prof Ralarala’s name on it.

Prof Ralarala’s research interests in language rights, forensic linguistics, and translation studies led him to use the Terre’Blanche trial as the basis for his second PhD case study titled: Implications and explications of police translation of complainants' sworn statements: evidence lost in translation. The doctoral dissertation focused on police stations in the Xhosa-speaking community of Khayelitsha in Cape Town.

Language and the law

When the victim of a crime approaches the South African Police Services (SAPS), the requirements are that a sworn statement be taken. However, as a prerequisite, the narration needs to be translated into English.  “The process unfolds in this manner: the complainant or the person laying the charges speaks in a language that they understand, and then the police officers translate that information into English because English is still the de facto language of record,” explained Prof Ralarala.

In the process of translation, the original narrative is lost, and so is some of the evidence. “They [the statements] have to be packaged in a certain way, in the form of a summary. As a police officer, you have to discard all the original narrative and create another narrative which is in English,” added the Associate Professor and Institutional Language Coordinator at the Cape Peninsula University of Technology.

Evidence is the basis of any court case and, when it is translated by police officers who do not hold the credentials of professional translators, a problem inevitably arises.

Because police officers are not trained in translation, “Some of the statements are filled with distortions, changing of information all together. In some cases, one would come across a case which was initially an assault but then - through the change and transformation, re-narration, retelling of the story by someone else - it becomes a case of attempted murder.”

Considering that a statement determines a suspect’s fate, it becomes all the more important to ensure that accuracy is upheld.

His internal and external supervisors, Prof Kobus Marais and Prof Russel Kaschula from the UFS and Rhodes University respectively stated that his PhD work has been hailed as a gem by international scholars. “According to one international assessor, he has made an exceptional contribution to the humanities and social sciences in general and to the fields of linguistics and translation studies in particular.”

Reshaping the landscape

According to Prof Ralarala, there are huge gaps in the translated versions of statements which create a problem when a ruling is made. Some of the recommendations put forward in his dissertation to bridge that gap are:

• to review the language policy insofar as the criminal justice system is concerned. The languages we speak are official and constitutionally embraced, and they hold the same status as English, hence they need to be used in criminal justice processes;
• to revisit the constitution and review if the provisions made for the Nguni languages are implemented;
• to supplement paper and pen with technology such as tape recorders. Statements can be revisited in cases where a controversy arises;
• to deploy professional translators and interpreters at police stations;
• to design a manual for police officers which contains all the techniques on how a statement should be taken.
• to enforce constitutional  provisions in order to reinforce the language implementation plan in as far as African languages are concerned .

These recommendations serve to undo or eliminate any perceived injustices perpetuated and institutionalised by current linguistic and formal practices in South Africa's criminal justice system.

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