English language still blocks access to justice for many

McNiel Zimri is an LLB student and an assistant in the Individual Fundraising Unit at Development and Alumni Relations at Stellenbosch University. Everyone should have the right to bring certain grievances or disputes to court. This right is guaranteed in section 34 of South Africa’s Constitution, adopted in 1996.

In this way, we shouldn’t have to be powerless in the face of maltreatment when the law exists to protect us from it. Access to justice works if you can translate a personal grievance to legal terms. That is a lawyer’s terrain.

Lawyers cost money, and the demand for free or affordable legal services far exceeds their supply. Access to justice becomes the privilege of a few. This reflects yet another hurdle for so many: the English language.

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Court proceedings in South Africa occur mainly in English. The records of such proceedings must reflect that language. And legal information available to the public is mainly in English.

According to Legal Aid South Africa, English is the primary spoken language of only 5% of criminal litigants and 12% of civil litigants. Regardless, the language dominates the justice system, even though it’s not primarily spoken by the majority. We should also reflect on this as we mark International Mother Language Day on 21 February.

If you’re an accused person, a rights claimant or a trial witness, then you’re expected to use English in the courtroom. Should you struggle, or choose to communicate in a different language, you’re provided an interpreter. This arrangement seems efficient.

But again, the reality is more complicated. Courtrooms are intimidating. Legal professionals and civil servants dominate them. Procedures are technical and impersonal.

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