Policy dictates the use of English as the official language for record purposes. Where an interpreter is used, the English interpretation is recorded. The direct words and sentiments of the witness are not recorded. The English only language of record policy was said to have been practical according to the heads of courts in 2017.
The policy also hinders legal practitioners, judicial officers and witnesses from proceeding in a language other than English where it is practical to do so. This places sole reliance on interpretation services in our courts. Interpreters are not merely translating words between people for the record of the court, but are tasked with finding equivalence between two languages and two cultures in the case of English and an African language. The legal terminology court interpreters require suggests the need for appropriate academic qualifications and training, which are lacking.
Secondly, to empower legal practitioners, judicial officers, and police officers through training programmes and other language qualifications. Legislation and policies need to be more inclusive, fostering a multilingual rather than monolingual approach.
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