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23 July 2024 Photo Barend Nagel
Nhlanhla Simelane
Nhlanhla Simelane is a second-year Language Practice student, majoring in South African Sign Language. He is also a former Chairperson of Signals – a student association that is aimed at promoting SASL and Deaf awareness.

Opinion article by Nhlanhla Simelane, Student Assistant: South African Sign Language and Deaf Studies, Faculty: The Humanities, University of the Free State.

It has been a year since the president signed off on the amendment bill to include South African Sign Language (SASL) as one of the country’s official languages. And one may wonder, what has changed since then? After all, many individuals and organisations, including the Deaf Federation of South Africa (DeafSA), the National Institute for the Deaf (NID), and Deaf rights activists from the Deaf community, believed that official recognition of sign language would lead to significant developments for SASL and the Deaf community.

Since then, SASL has mostly benefited from exposure from the SASL Indabas that PanSALB held on 9-10 March 2023 and another one on the 1-2 February this year. These Indabas were aimed at “discussing the standardisation of SASL and mapping a way forward”. They included several stakeholders, including our very own institution. They also had an impact on the development of SASL in various institutions, including UNISA and University of Cape Town (UCT), and it is hoped that this influence will extend to other institutions.

However, one must not overlook the fact that despite being a minority language, SASL already enjoyed significant language rights. For example, the South African Schools Act recognised it as an official language in 1996. The Use of Official Languages Act of 2012 provided another benefit that was not even enjoyed by the other 11 official languages; with this act, state entities had to establish a language policy outlining the use of official languages for public communication, specifically if a member of the public chose SASL as their preferred language. It also benefited from protection under the South African Sign Language Charter, launched by the SASL NLB (National Language Board) in 2020, roughly three years before it became official. Even Prof Theodorus du Plessis, Professor Emeritus in the Department of South African Sign Language and Deaf Studies, University of the Free State (UFS), in a previous opinion article, mentioned that there would be little to gain from officially recognising SASL, aside from the added symbolism associated with such a move. As a matter of fact, SASL had more to lose than gain due to its official recognition, as you will learn later in the article.

A human rights level

On a human rights level, which is more relevant to those living with hearing impairments in the country, the officialisation of SASL still had no significant effect on any of their human rights. This is simply because these persons already enjoyed their rights. However, what the officialisation cost the Deaf community* is the privilege as mentioned earlier that the Use of Official Languages Act of 2012 provided – users of SASL having the right to choose SASL as their language of interaction with the state – the very one that official languages do not enjoy. This is thus a disadvantage to the Deaf community, considering that they already suffer from a lack of interpreters in the county. An article by Nicky Bezuidenhout early this year highlighted that there is a “lack of access to crucial services like healthcare and justice due to a shortage of qualified South African Sign Language (SASL) interpreters”. Therefore, many Deaf people rely on untrained or unqualified individuals and mostly even family members to act as interpreters. This was mostly the case in my life, being a CODA (Child of a Deaf Adult) and having to interpret for my parents. And besides my proficiency in SASL, there was still the matter of a breach of confidentiality. This is a common problem for many people. Therefore, more SASL interpreters (SASLi) are needed. Additionally, it is up to everyone to take it upon themselves to learn SASL through the various provisions that are available today.

More development for SASL as a language

Thankfully, the UFS, among a few other institutions such as the Wits University, North-West University as well as the Durban University of Technology, makes such a provision through its SASL short course. Another way to learn is through mobile applications such as DEAFinition and the NID SASL Dictionary. The previous platforms also offer inexpensive online courses. This way, one can be equipped with SASL fundamentals to at least be able to hold a conversation without the need for an interpreter. Furthermore, we can only anticipate that since SASL is officially recognised, it will become more accessible in higher education institutions, as mentioned earlier, and will be included in the South African school curriculum, particularly for mainstream schools. As a result, more people will have the opportunity to learn SASL. Moreover, we can expect to see an increase in the number of qualified teachers with not only teaching skills but also proficiency in SASL.

Nonetheless, it has only been a year and matters regarding language plans and policies often require a great amount of resources, with time being the greatest of all. We can only hope that its officialisation has indeed led to the cultural acceptance of SASL and the relevant community, promoting substantive equality, and preventing unfair discrimination based on disability. But more importantly, we hope that this is not the end of the road for SASL in terms of its development as a language.

*Footnote: It is important to make a distinction between deaf people who are deaf but do not identify as part of the Deaf community and do not use SASL (who are referred to with a lowercase “d’’), and those who are deaf and are part of the Deaf community, making use of SASL as their first language (who are referred to using a capitalised ‘D’).

• Nhlanhla Simelane is a second-year Language Practice student, majoring in South African Sign Language. He is also a former Chairperson of Signals – a student association that is aimed at promoting SASL and Deaf awareness.

News Archive

Resource Manual on Trafficking in Persons for Judicial Officers sees the light
2012-03-27

 

Judge Connie Mocumi, President of the South African Chapter of the International Association of Women Judges (SAC-IAWJ), during the launch of the Resource Manual on Trafficking in Persons for Judicial Officers.
Photo: Leonie Bolleurs
27 March 2012

On Human Rights Day the Department of Criminal and Medical Law in the Faculty of Law at the University of the Free State (UFS) hosted the launch of the Resource Manual on Trafficking in Persons for Judicial Officers compiled by the South African Chapter of the International Association of Women Judges (SAC-IAWJ).

The manual, which will be used by members of the South African judiciary, will equip officials in adjudicating the multifaceted crime of human trafficking.

“Presiding officers must be sensitised about the complexity of the crime. Human trafficking has many faces and presents itself in different ways. A person may for example be trafficked for sexual exploitation, forced labour, the removal of body parts, as well as forced marriages. Expert knowledge is needed to handle these cases effectively in court,” said Dr Kruger, also responsible for the human trafficking initiative in the Unit for Children's Rights at the UFS.

Prior to the launch, a total number of 300 judicial officers, including six judges from the Southern African Development Community (SADC) received training on human trafficking. After receiving this training, the officers were sensitised to scrutinise domestic violence cases as well as inter-country adoption cases in order to identify possible human trafficking activities.

As keynote speaker at the launch, Dr Beatri Kruger from the Department of Criminal and Medical Law at the UFS, said that human traffickers were running operations like a well-oiled machine. They have abundant and sophisticated resources and often bribe corrupt officials to further their criminal activities. In South Africa, people combating human trafficking struggle with a lack of resources as well as comprehensive legislation. Most cases are prosecuted under the Children’s Act and the Sexual Offences Amendment Act of 2007. Unfortunately, this legislation still leaves a gap in the prosecuting of perpetrators. Only trafficking cases where where children are trafficked can be prosecuted under the Children’s Act. In terms of the Sexual Offences Amendment Act perpetrators can be prosecuted for trafficking persons for sexual exploitation only, and not for labour of other forms of trafficking. Therefore the comprehensive Prevention and Combating of Trafficking in Persons Bill 2010 needs to be finalised to cover all forms of trafficking.

There are more slaves today than at any time in the history of humankind. “To combat this serious problem, we need to follow a holistic approach,” said Dr Kruger. This includes prevention (raising awareness), effective prosecution and suitable punishment, the protection of victims, and partnering with all relevant stakeholders, including people in the communities. Community members are often whistle blowers of this crime.

The President of the SAC-IAWJ, Judge Connie Mocumi, handed copies of the manual, a three-year project, to judicial officers present at the launch. The manual covers, among others, the definition of trafficking in persons, trafficking in persons in South Africa and the Southern African region, a legislative framework, victims’ rights and criminal proceedings.

“It is critical that judicial officers appreciate the phenomenon of trafficking in persons in its broader socio-economic context. Therein lays the ability to deal competently with the often-nuanced manifestation of this scourge. The incapacity to recognise these nuances can deny victims access to justice. In that regard, the manual, amongst others, is to become an important empowering adjudication tool for judicial officers,” said Judge Mocumi.

More copies will be printed and be ready for distribution by the beginning of May this year.

Judge Belinda van Heerden, who also attended the launch, said: “There is progress on the judicial and legislative front to bring wrongdoers to book. This manual will go a long way in giving judicial officers insight into the problem.”

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