Examining the constitutional linguistic rights on the use of English as a lingua franca in South African courts system

Abstract

The Constitution of the Republic of South Africa, 1996, grants all official languages parity of esteem and equal treatment. The Constitution also recognises injustices of the past and historical diminished use of indigenous (African) languages. It is against this backdrop that this democratic constitution calls-upon the national and provincial government to take practical and positive measures in encouraging the use and elevation of the status of African languages. In advocating for these languages, the Constitution declares that a minimum of two official languages be used by the government in executing government activities. Contrastingly, the heads of court resolutions in 2017 declared English a lingua franca in South African courts. In a diverse country such as South Africa with twelve official languages, this raises critical concerns in terms of the country’s diversity, inclusivity, and multilingualism policies. With a distinct focus on Eastern Cape legal courts, this study examines the constitutional linguistic rights on the use of English as a lingua franca in South African courts system. The study adopted a qualitative research approach embedded within the exploratory-explanatory research design. The data was obtained from secondary sources, which in this context are judicial precedents. To analyse the collected data, close-reading and thematic content analysis techniques were adopted. The findings of the study exhibit English as a language of power and access in law, this positions African languages at the periphery, limiting their development and incorporation in legalese. Also, the use of English as a lingua franca in the Eastern Cape courts contravenes the provisions of the Constitution of the Republic of South Africa, 1996. This study submits that legal practitioners and linguists should critically explore, language studies to bridge the knowledge gap.  Additionally, the government should create channels which allow the practical use of African languages in the court of law.                                                                                                                                             

Keywords: {'name': 'Lingua franca'}, {'name': 'English'}, {'name': 'Constitutional Linguistic Rights'}, {'name': 'Court'}, {'name': 'South Africa'}, {'name': 'Eastern Cape'}, {'name': 'African Languages'}, {'name': 'Institutional quality, Economic performance, Panel Data Analysis, System GMM, Eastern African'}

Authors & affiliations

Sandile Dike
North-West University

Lutendo Nendauni
Cape Peninsula University of Technology

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