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26 October 2022 | Story Leonie Bolleurs | Photo Supplied
Dr Carol Chi Ngang
Dr Carol Chi Ngang, a category C2-rated researcher and research fellow in the UFS Free State Centre for Human Rights, has been appointed as the UNDP Human Rights Research Chair at the National University of Lesotho, where he is currently affiliated.


A National Research Foundation category C2-rated researcher and research fellow in the Free State Centre for Human Rights at the University of the Free State (UFS), Dr Carol Chi Ngang, has been appointed as United Nations Development Programme (UNDP) Human Rights Research Chair at the National University of Lesotho, where he is currently affiliated. 

According to Dr Ngang, the Human Rights Chair was established with the broad mandate to undertake and promote cutting-edge policy research, curriculum development, and community engagement. He says the chair is envisaged to generate a steady stream of research outputs on various aspects of human rights in Lesotho, and most importantly, to explore the human rights components of the Sustainable Development Goals.

For establishing the Human Rights Chair and funding its programme activities, Dr Ngang expresses his gratitude to the United Nations Tripartite Partnership (UNTPP), the Office of the High Commissioner for Human Rights (OHCHR), and the United Nations Development Programme (UNDP) Lesotho.

Knowledge-based foundation for a human rights culture

Dr Ngang states that the establishment of the UNDP Human Rights Chair in the Faculty of Law at the National University of Lesotho is not only timely, but also indispensable in the sense that it provides the opportunity to lay a solid knowledge-based foundation for a human rights culture in Lesotho to respond to and seek to redress the exigencies and the lived experiences of the Basotho. 

“With the country’s political landscape characterised for the last decades by, among others, a distressed economy, shaky coalition governments, and instability, Lesotho’s human rights record is not an impressive one.”

Dr Ngang elaborates, “In spite of a cabinet decision taken as far back as 1995 and the adoption of the Sixth Amendment to the Constitution Act in 2011 – with explicit provision for the establishment of the Lesotho Human Rights Commission – 27 years down the line the august institution, which is supposed to oversee the promotion and protection of human rights in Lesotho, is yet to see the light of day. Lesotho remains one of the few countries in Africa and around the world that is yet to put in place a human rights commission to ensure protection of the vulnerable population, of which the constitutionally guaranteed fundamental rights are threatened on a daily basis.”

According to him, one of the most pressing issues in the human rights field currently, is the establishment of the Lesotho Human Rights Commission. “It is a central concern not only for our funders and the Ministry of Law and Justice and the many other active forces that have invested time and resources in the process, but importantly, also for the Lesotho society at large,” he states.

“Without the commission, the vulnerability of the population is multiplied.”

Effecting real transformation in the human rights situation in Lesotho

Dr Ngang says in the absence of a human rights commission, besides focusing on research and the dissemination of knowledge, the Human Rights Chair will additionally cover gaps in the areas of advocacy, amicus curiae interventions, and public interest litigation in human rights matters before the courts.

“It is our anticipation that the research outputs generated by the Human Rights Chair will be utilised productively, including by Lesotho-based civil society organisations, to inform policy advocacy and most essentially, leverage policy formulation, decision making, and resource allocation for the realisation of human rights in the country.”

Dr Ngang also foresees that it will shape the direction of governance and governmental actions in meeting the global Sustainable Development Goal targets, as well as the strategic objective of national transformation as outlined in the Lesotho National Strategic Development Plan II. 

The Human Rights Chair, he says, has established working relations with the Ministry of Law and Justice, as well as a collaborative partnership with the Lesotho NGO sector, and envisages doing so with the private sector and other major stakeholders. “These strategic alliances are intended to ensure that knowledge generated by the chair through research is utilised by the relevant stakeholders to effect real transformation as far as the human rights situation in Lesotho is concerned.”

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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