Latest News Archive

Please select Category, Year, and then Month to display items
Previous Archive
16 January 2024 | Story Valentino Ndaba and Dr Cindé Greyling | Photo Sonia Small
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

UFS in partnership with USA ’s Council on Economic Education 
2006-02-01

A visit to the campus of the UFS was part of the recent NCEE workshop.  Standing from the left are Prof Soehendro (Chairperson:  National Education Standardisation Body of Indonesia), Prof Herman van Schalkwyk (Dean:  Faculty of Natural and Agricultural Sciences at the UFS), Prof Elena Reshetnyak (Vice-Dean for International Programs, Kharkiv Polytechnic Institute, Kharkiv, Ukraine) and Mrs Annely Minnaar (local coordinator of the NCEE and professional officer of the UFS Department of Agricultural Economics).  Seated are from left Prof  Sutjipto ( Chairman of the Indonesian Council on Economic Education) and Dr Patty Elder (Vice-President of the NCEE's national programme).
Photo: Stephen Collett


UFS in partnership with USA ’s Council on Economic Education 

A group of 50 teachers in Economics, learning facilitators and lecturers from eight countries attended a ‘train the trainers’ workshop this past week in Bloemfontein.  The workshop forms part of the outreach programme of the National Council on Economic Education (NCEE) in the United States of America’s (USA) effort to improve the quality of the training in Economics of teachers and lecturers across the world. 

The UFS and the Free State Department of Education are the NCEE’s first partners in Africa.  “The initiative started in the Free State because of the connection that existed between the UFS and the NCEE,” said Prof Klopper Oosthuizen, from the UFS Department of Agricultural Economics and initiator of the cooperative agreement with the NCEE.

Three faculties at the UFS are involved in the cooperative agreement namely the Faculty of Natural and Agricultural Sciences, the Faculty of the Humanities and the Faculty of Economic and Management Sciences.

A group of 84 teachers and learning facilitators in the Free State attended the ‘train the teacher’ workshop at the UFS in December 2005 in an effort to improve the quality of Economics classes at schools in the Free State.  The last national workshop will take place in June 2006 in Bloemfontein.  During this workshop a group of 40 teachers and learning facilitators in the Free State will be trained by the NCEE.    

“Because of the success with the programme in the Free State Dr Patty Elder, Vice-President of the NCEE’s national programme, announced during last week’s workshop that the initiative will now be extended to the other provinces in the country,” said Prof Oosthuizen.  According to Prof Oosthuizen discussions around a strategy to get the other provinces on board of the programme also took place between Dr Elder and Prof Herman van Schalkwyk, Dean of the UFS Faculty of Natural and Agricultural Sciences.  Prof van Schalkwyk will take the lead in this regard.  

“The presence of Dr Elder and the executive directors of similar education networks in the Ukraine and Indonesia is an indication of the NCEE’s seriousness with the programme in Africa,” said Prof Oosthuizen.

Prof Oosthuizen explained that South Africa is competing to obtain funds from the NCEE to have a total South African representation in the workshops in the following one-year training period. 

South Africa has a good chance of establishing the network quickly because of the presentation of the last national workshop in Bloemfontein in June 2006.  “We are going to try to have as much South African representation as possible at this workshop,” said Prof Oosthuizen.

Concurrent with the workshop in June 2006, a programme will be developed that will be attended by at least five other provincial education departments and representatives of five other universities.  These representatives will then be able to observe on a first-hand basis how this action learning takes place and how the participating countries plan to establish and expand their networks,” said Prof Oosthuizen.

“The NCEE has been working together with international partners since 1992 to strengthen their Economics teaching systems.  They have already succeeded in increasing literacy in Economics of schools in the USA and more than 20 East Block countries.  More than 1,5 million learners in the East Block countries have already been served by this initiative,” said Prof Oosthuizen.

According to Prof Oosthuizen the focus of the NCEE has since 2004 moved away from the East Block countries to Africa, Asia, Latin America and the Middle East.  The representatives that attended last week’s workshop were from South Africa, Egypt, Jordan, Palestine, Indonesia, Mexico, Paraguay and Uruguay.  Countries such as Egypt, who was also present at last week’s workshop, are eager to start a similar network. 

Media release
Issued by: Lacea Loader
Media Representative
Tel:   (051) 401-2584
Cell:  083 645 2454
E-mail:  loaderl.stg@mail.uovs.ac.za
31 January 2006

 
 

We use cookies to make interactions with our websites and services easy and meaningful. To better understand how they are used, read more about the UFS cookie policy. By continuing to use this site you are giving us your consent to do this.

Accept