1st Edition

Discrimination and Access to Justice in Africa Language, Vulnerability and Social Inclusion in Southern and Eastern Africa

Edited By Wellman Kondowe, Paul Svongoro Copyright 2025
342 Pages 2 B/W Illustrations
by Routledge

342 Pages 2 B/W Illustrations
by Routledge

There are different forms of discrimination. Among others, people can be discriminated against on the basis of their ethnic grouping, political affiliation, race, gender, age, and language. This book focuses on linguistic discrimination in Africa, acknowledging that language plays a key role in the delivery of justice and much of what transpires in justice systems deals with language use. It... Read more

Discrimination and access to Justice in Africa, by Wellman Kondowe & Paul Svongoro

 

THEME 1 CHILDREN IN THE LEGAL SYSTEM

Chapter 1: Child Witness Protection during Criminal Proceedings: The Law, Practice, and Challenges in Zambia, by Kamo Msimuko Simfukwe

Chapter 2: Linguistic barriers to access to justice by child victims and witnesses of sexual assault in Malawi’s justice system, by Shyreen Odala Chirwa

Chapter 3: Silent victims of the law: Children and the legal system in post-colonial Zimbabwe, by Vincent Chenzi

Chapter 4: The application of language and procedural entitlements of children in detention in Malawi, by Dorothy nyaKaunda Kamanga

 

THEME 2 WITNESSES WITH DISABILITY

Chapter 5: Whose access to justice? Civil Procedure Rules and the Right of Access to Justice for Persons with Disability in the High Court of Malawi, by Thokozani Soko and Wellman Kondowe

Chapter 6: Intoxication, memory and credibility: Intoxicated suspects and witnesses as a vulnerable group in Zimbabwe’s justice system, by Paul Svongoro & Stanley Madonsela

 

Chapter 7: Vulnerability of girls with communication disorders in the Malawian criminal justice system, by Wellman Kondowe, Evans Lwara & Hajira Blamu Mitumba

Chapter 8: Communication barriers faced by deaf citizens when accessing police services in Zimbabwe, by Tawanda Matende, Patson Kufakunesu & Victor Mugari

 

THEME 3 LANGUAGE AS A BARRIER IN ACCESS TO JUSTICE

Chapter 9: Sign Language and the Law in Zambia: Promoting Equal Access to Justice for a Linguistic and Cultural Minority, by Gabriel Simungala & Humphrey Kapau

Chapter 10: Challenges of foreign language and migrant workers in South African Courts: A critical examination of Linguistic Justice, by Josephat Mutangadura & Tebogo J. Rakgogo

Chapter 11: Foreign language speakers, migrants, and refugees in Kenyan courts, by Joyce Kasili & Lydia Anyonje

Chapter 12: Legal Status of Malawi Sign Language: Implications on Language Rights and Access to Justice for the Hearing Impaired, by Martin Zoloni & Deborah Ndalama-Mtawali

 

THEME 4 THE POOR AND THE ILLITERATE BEFORE THE COURTS OF LAW

Chapter 13: Courtroom interpretation and the dilemma of the poor and illiterate as accused and witnesses in court, by Jones Hamburu Mawerenga & Godwins Lwinga

Chapter 14: Access to justice by unrepresented litigants in Zimbabwe’s courtrooms, by Paul Svongoro & Ndlovu Eventhough

Chapter 15: The impact of litigants’ socio-economic status on the delivery of justice: The Plight of the Poor and Illiterate in Zimbabwe's Rural Magistrate Courts, by Josephat Mutangadura & Felistus Tafadzwa Makumbe

 

THEME 5 WOMEN IN SEXUAL ASSAULT CASES

Chapter 16: Rape myths in written judicial opinions from the Tanzanian Court of Appeal, by Patricia Muraguri, Emmanuel Satia & Simon Nganga

Chapter 17: Ethical journalism practise in Zvinoyera, zvinotyisa uye zvinoda kufumurwa’s coverage of allegations of abuse of women and children against Madzibaba Ishmael, by Witness Roya.

Biography

Wellman Kondowe is a senior lecturer in the Department of Language, Cultural and Creative Studies at Mzuzu University in Malawi.

Paul Svongoro is a senior lecturer in the Faculty of Education at the University of Botswana and a research fellow in the Africa Languages Department of the University of South Africa.

"The law can only exert its normative, regulatory and justice-administering functions if there is equal access to the law by all groups of the population. The collection of chapters offered in this volume is a most welcome addition to the growth of the discipline. The book deals with real-life, concrete, and specific types of barriers to such access on the African continent. Most importantly, the analyses are carried out by scholars from the very same area with relevant inside knowledge. These “regional” aspects put the book in a class of works with the same aspects of “regional” orientation as Manual of Romance Forensic Linguistics (Guillen Nieto and Stein; Walter DeGruyter). This is a timely publication from Africa."
— Dieter A. Stein, ProfessorHeinrich-Heine-University Düsseldorf, Germany

"This book is ground-breaking and provides practical research insights needed to ensure African legal systems are linguistically inclusive and non-discriminatory. This book focusses on vulnerable witnesses making it an important contribution to the ongoing research in forensic linguistics. The chapter contributions expose the legal and linguistic inequalities within various legal systems, while offering practical solutions. This is a must-read for forensic and legal linguists, students, legal practitioners and judicial officers interested in language and the law."

 Zakeera Docrat (PhD), University of the Western Cape, South Africa

"The variety of themes covered by this book demonstrates the extent forensic linguistics is firmly establishing itself as a field of scientific inquiry in multilingual Sub-Saharan Africa. This is a must-read contribution in the field, in its broadest meaning, and the engaged scholars from the various Southern and Eastern African countries have managed to bring to the general readers a clear picture of the challenges posed by language issues in the justice system."

  Eliseu Mabasso, Associate Professor, Eduardo Mondlane University, Mozambique