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20 July 2023 | Story Prof Theodorus du Plessis | Photo Supplied
Prof Theo du Plessis
Prof Theodorus du Plessis is Professor Emeritus in the Department of South African Sign Language and Deaf Studies at the University of the Free State (UFS).


Opinion article by Prof Theodorus du Plessis, Professor Emeritus in the Department of South African Sign Language and Deaf Studies, University of the Free State


Firstly, South Africa now becomes the first country in the world to recognise its national sign language as an official language in the country's constitution. This is different from the current 76 countries that officially recognise their sign languages.

Secondly, South Africa becomes only the seventh country in the world to recognise its national sign language as an official national language. The other countries where the national sign language is an official language are Uruguay (as of 2001), New Zealand (as of 2006), Poland (as of 2012), Papua New Guinea and South Korea (both as of 2015), and Malta (as of 2016). Four of these countries – New Zealand, Poland, South Korea, and Malta – have effected the officialisation of their national sign languages through a national sign language law. Uruguay has done so through disability legislation and Papua New Guinea through a dictation of the country's National Executive Council.

Thirdly, it took South African Sign Language (SASL) just as long to become an official language of the country, as was the case with South Africa's nine Sintu languages (Zulu, Sotho, etc.). These languages were first recognised as official languages at regional level in 1963 but were recognised as national official languages alongside Afrikaans and English from the interim 1993 Constitution. SASL was granted official status from nowhere within 30 years. Incidentally, Afrikaans gained official status in 1925 – within 17 years after the 1909 Union Act was passed, recognising only English and Dutch as official languages.

Three factors played a role

Achieving these exceptional milestones is due to at least three factors, namely a favourable socio-political climate globally around minority languages and the whole disability issue, sustained pressure from an active Deaf lobby, and the active and decisive bottom-up actions by a string of role players. The degree of political favour should certainly not be lost sight of either. Already in 1995, the ruling ANC wanted SASL to become an official language, and eventually submitted exactly such a proposal to the Constitutional Assembly. Even though the time was not ripe for this, the proposal resulted in SASL being declared an official language in the South African Schools Act of 1996 for the purposes of teaching and learning in public schools (note, not only Deaf schools), the inclusion of "sign language" [sic] in the constitutional language mandate of the Pan South African Language Board, and the granting of linguistic human rights to all South Africans, including the Deaf, in terms of the Bill of Human Rights. The further amplification of SASL in terms of the 18th Constitutional Amendment crowns this campaign, which goes back to the period of the birth of our democracy.

International experts give three reasons why the officialisation of countries' national sign languages is significant:

  • It can help to ensure that Deaf people have access to education, employment, and other services in their ‘own language’.
  • It can promote the use of sign languages in general and also help to preserve the languages.
  • It can raise awareness about the so-called Deaf culture and the contributions of the Deaf.

All three reasons also bring us to the important issue of inclusivity. Education, in particular, plays an important role in this. To date, the Schools Act has been enforced in such a way that SASL has mainly been taught in Deaf schools as home language, while the law stipulates that it applies to all public schools. Now that SASL is also a national official language, perhaps the opportunity has come for the inclusion of SASL as home language in all schools. More importantly, a curriculum must now be developed so that the language can also be taught as first and second additional language in all schools. Such a thing would give inclusivity an enormous jolt. Many universities have been offering SASL as a subject for some time and can attest to the exceptional contribution it makes to fellowship between hearing and deaf persons.

Will not promote inclusivity as such

Also of great importance is the establishment of a functional language dispensation that will include professional language services for the Deaf as well. This will assist in actively realising the significant provisions of the Use of Official Languages Act of 2012 that state entities must establish communication for persons with SASL as preferred language.

It is important to understand that the mere inclusion of SASL as a 12th official language will not promote inclusivity as such. It will require hard work. And more hard work!

 


Bibliography

Wikipedia. 2023. List of official languages by country and territory.  https://en.wikipedia.org/wiki/List_of_official_languages_by_country_and_territory was verified by the author.

Branson, J en D Miller. 1997. National sign language and language policies. In Wodak en  Corson, Encyclopedia of language and education: language policy and political issues in education, 1:89–98). Dordrecht: Kluwer Academic Publishers.

Constitute. 2013. Zimbabwe 2013 (2017 hersien). https://www.constituteproject.org/constitution/Zimbabwe_2017.

De Meulder, M. 2015. The legal recognition of sign languages. Sign Language Studies, 15(4):498–506.

De Meulder, Maartje, J Murray en RL McKee. 2019. Introduction. The legal recognition of sign languages: advocacy and outcomes around the world. In De Meulder,  Murray en McKee (2019), The legal recognition of sign languages: advocay and outcomes around the world. Bristol: Multilingual Matters.

Kiprop, V. 2019. Which countries recognize sign language as an official language? World Atlas: https://www.worldatlas.com/articles/which-countries-recognize-sign-language-as-an-official-language.html

Parlementêre Redaksie. 1995. Gebaretaal dalk gou SA se 12de amptelike taal. Die Burger, 8 Mei, bl. 9.

Reagan, T. 2020. Linguistic human rights and the deaf: implications for language policy. Hooftoesprak, 2nd Language Diversity in Educational Settings Workshop 2020: "Making a change through sign language". Organised by the Department of South African Sign Language and Deaf Studies, University of the Free State, 9–20 November 2020. Virtual event.

Timmermans, N. 2005. The status of sign languages in Europe. Strasbourg: Council of Europe Publishing.

VN (Verenigde Nasies). 1975. Declaration on the Rights of Disabled Persons adopted 9 December 1975 by General Assembly resolution 3447 (XXX). United Nations Human Rights Office of the High Commisioner. https://www.ohchr.org/en/instruments-mechanisms/instruments/declaration-rights-disabled-persons

—. 2006. Convention on the Rights of Persons with Disabilities adopted 13 December 2006 by Sixty-first session of the General Assembly by resolution A/RES/51/106. United Nations Human Rights Office of the High Commissioner. https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-persons-disabilities

—. 2017. International Day of Sign Languages, Resolution adopted by the General Assembly on 19 December 2017 A/RES/72/161. United Nations General Assembly.  https://undocs.org/Home/Mobile?FinalSymbol=A%2FRES%2F72%2F161&Language=E&DeviceType=Desktop&LangRequested=False

WFD (Wêreld Federasie van Dowes). 2016. Our story. World Federation of the Deaf. http://wfdeaf.org/who-we-are/our-story

—. 2022. The legal recognition of national sign languages (Update: 10 January 2022). World Federation of the Deaf. https://wfdeaf.org/news/the-legal-recognition-of-national-sign-languages

Wikipedia. 2023. List of official languages by country and territory.  https://en.wikipedia.org/wiki/List_of_official_languages_by_country_and_territory (Verified by author).


 

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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