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Dr Catherine Namakula
According to Dr Catherine Namakula, language-fair trial rights are entrenched as constitutional imperatives in many African countries.

Dr Catherine Namakula is Senior Lecturer of Public Law at the University of the Free State and a member of the United Nations Human Rights Council’s Working Group of Experts on People of African Descent. In her latest book, Fair Trial Rights and Multilingualism in Africa, she incorporates a ‘language-fair trial rights code’ – an amalgamation of 31 principles proven by case law and trial practice as best approaches to ensuring language-fair trial rights.

The code advances the minimum language guarantees for vulnerable participants, especially persons with speech and hearing disabilities, sign language users, accused persons making confessions, and victims of gender-based or sexual violence. Bult discussed her research in more depth with her.

Your research spans multiple jurisdictions in Africa, from the Sahel region to the Horn of Africa and the Cape. What country-specific practices have you found regarding fair trial rights in these regions?

Language-fair trial rights are entrenched as constitutional imperatives in many African countries. They are non-negotiable. Nigerian and Kenyan courts have exceeded rhetoric and lip service to language-fair trial rights and actually declared trials absolute nullities due to lack of comprehension of proceedings by accused persons. Indigenous languages are languages of record in Ethiopia, Rwanda, Somalia, and Tanzania.

Rwanda elevates the standard of linguistic competence of an accused to thorough competency, whereas in Lesotho this translates to the mother tongue. In Canada, even jury panellists are subjected to language competency tests, and in South Africa, judges are assigned cases according to their proficiency in the language indicated by the trial participants as the preferred language of trial. Almost all the studied countries express no compromise on the principle that a confession must be recorded in the language used by the person making it.

Multilingualism is a significant challenge in legal processes across Africa. What were some of the most common issues or difficulties related to language that you identified during your research, and how do these impact the fairness of trials?

There is a gap bordering on disconnection between the formal courts and the population they serve – to the extent that legal processes are perceived as elitist and foreign, mainly because of the language question. Trials require unequivocal expressions, whereas African tradition for the most part considers sexual language as pervasive. This constrains the trial and punishment of sexual violence.

Investment in the standardisation of sign languages is limited, making the trial of persons with speech disabilities in their ‘home-made’ languages impracticable. There is heavy reliance on translation and interpreting to propel trials, often leading to resource constraints and recourse to controversial measures, such as engaging police officers as interpreters.

Transplanting African customs from indigenous languages to fit court situations by way of translation leads to loss of meaning and watering down of concepts. African courts battle with evaluating interpretative competency against the backdrop of a lack of training of judicial interpreters on the continent. Measuring linguistic comprehension is an actual challenge for courts, often manifesting in asking people whether they know what they do not know, but this research presents the objective test based on special circumstances advanced by the Supreme Court of Justice of Ontario that would resolve this hurdle.

Your book also mentions the potential applicability of lessons from African jurisdictions to those outside of Africa.

Contrary to popular opinion, the study confirms that African languages are already serving as channels for trials; they are not merely colloquial speech, but carriers of identities and human dignity. They should not be ignored but recognised and promoted. A trial that must proceed in a language that an accused person does not understand is a trial in absentia and the safeguards governing such trials must apply.

As the legal landscape and languages in Africa continue to evolve, what recommendations or measures do you propose to improve existing approaches to ensuring fair trials in multilingual contexts?

Decolonial discourse and reparation to Africa from the legacies of enslavement, colonialism, and apartheid should characterise the rise in esteem of African languages in all spheres of society. The use of intermediaries in Kenya and South Africa to protect and support vulnerable victims – especially children and victims of gender-based violence – in their communication with the courts should be emulated by other countries and extended to persons who are illiterate, in order to mitigate the intimidating sophistication of the courts on our people.

News Archive

Another opportunity to take part in Success Week
2010-07-08

Student Development and Success (SDS) at the University of the Free State (UFS) is focused on helping students succeed as lifelong learners. To accomplish this, SDS has designed Success Week to provide students with the necessary skills and information to help them succeed in their studies.

The success of the first-semester orientation programme has led to the decision of hosting a Get.Success@UFS 2010: Reloaded programme from 19 to 29 July 2010.

Students who previously attended the programme thoroughly enjoyed the programme and learnt a lot from it. It also became clear that they needed more support. The aim of the Reloaded programme is to enhance students’ thinking processes regarding their personal as well as career development. It is open to all students. The focus of the presentations will not only be on helping students to make a success of their studies but also to provide those students who are completing their studies with useful knowledge and skills to plan for their career pathways.

The Get.Success@UFS 2010: Reloaded programme starts on Monday 19 July with a launch where Prof. Jonathan Jansen, Rector and Vice-Chancellor of the UFS, will address students and motivate them once again for the second half of the 2010 academic year. Thereafter the UFS staff will compete against the SRC in the 5-on-a-side soccer tournament that will take place at Pellies Park. Members of Bloemfontein Celtic will also be present. Students can spend the day participating in the mini soccer tournament or just come and support their teams.
This is an excellent opportunity for students to make new friends and spend the day relaxing before the start of the second academic term. There will be prizes for the winning teams as well as for the best war cry and the most spirited team and fan base. There will also be funky give-aways for the spectators.

For the rest of the week there will be three interactive sessions which students can attend to help equip themselves with the necessary skills to succeed in their studies and future endeavours. The sessions include: Game Plan for Success, How to Build your Fortune, CV Writing, and Job Hunting.
Blackboard training will be hosted during the two weeks to show students how to effectively use this medium in their studies. There will be two opportunities for students to visit and be taken on a tour through the library to learn about the services offered.

All information and detailed programmes are available at www.ufs.ac.za/getsuccessufs .


Media Release
Issued by: Mangaliso Radebe
Assistant Director: Media Liaison
Tel: 051 401 2828
Cell: 078 460 3320
E-mail: radebemt@ufs.ac.za  
8 July 2010
 

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