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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

‘Celebrating the music of our times’
2013-07-25

 

25 July 2013

The Odeion School of Music’s (OSM) New Music Week, hosted from 17–20 July 2013, offered an experience of profundity.

This was the second week-long festival of its kind to be hosted by the OSM – last year the 90th birthday of the South African composer, Stefans Grové, was celebrated with concerts and a symposium. This year the New Music Week focused on the visit of Ensemble Trans-Z under the artistic leadership of former OSM student, Alfred Vorster, a composer living in Zürich. The Order of the Odeion School of Music was bestowed upon Vorster during the festival. The members of the ensemble are the Belgian pianist Lukas Huisman, Danré Strydom (currently an OSM doctoral student in clarinet, based in Ghent), the Argentinian violinist Juan Braceras and the Swedish cellist Karolina Öhman (both currently living in Basel, Switzerland).

The week included three lectures. Lukas Huisman elucidated his doctoral project, Alfred Vorster offered an analytical perspective on the work of Helmut Lachenmann and Hannes Taljaard (Potchefstroom) delivered a commentary on his own composition practice. In addition to presenting masters’ classes in their individual instruments, Ensemble Trans-Z also hosted two workshops – one for the Mangaung String Project and another for OSM students and staff. These workshops focused on creative improvisation practices within an avant-garde style.

The highlight of the festival was two gala concerts that were held on 19 and 20 July. The first concert was hosted by Ensemble Trans-Z themselves, with a selection of compositions in the avant-garde style. The programme included challenging listening material and was creatively presented with unconventional lighting techniques and visual material.

The concert on 20 July consisted of New Music of a more conventional nature. The Odeion String Quartet offered a varied presentation which consisted of a rich mix of talent. OSM postgraduate students Marianne Cilliers, Karol Legierski and Eljee du Plooy formed part of this spectacular performance. The OSM flute lecturer, Handri Loots and the members of Ensemble Trans-Z supplied additional depth to the concert. The experience was made extra special by the recently-formed New Music Ensemble of the School of Music at the North-West University – led by Augusto Arias. Under conductorship of Jan-Moritz Onken, the OSM Camerata completed this impressive collaboration.

The Camerata’s recital of Hendrik Hofmeyr’s Phantom Waltz, which the composer newly arranged especially for this ensemble, was but one of the artistic highlights of an inspiring presentation.

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