1st Edition
Fair Trial Rights and Multilingualism in Africa Perspectives from Comparable Jurisdictions
This book examines the best language fair trial practices of the courts in arguably the most multilingual region of the world. It contains an instructive list of standards and approaches to linguistic dynamics, which may be considered a language fair trial rights code.
By way of jurisprudential analysis and scrutiny of constitutional imperatives and examination of legislation among the respective jurisdictions from the Sahel region, to the Horn of Africa, and the Cape, this publication presents peculiar country-specific practices and common standards aiming towards the realisation of a fair trial in a multilingual context. The exceptionally multilingual nature of legal processes in Africa makes the standards in the region instructive in the progression towards a universal language fair trial rights code. The book reveals valuable lessons across jurisdictions, including those outside Africa, and suggests measures that may be taken to improve existing approaches.
It will be a valuable resource for academics, researchers, and policy-makers working in the areas of Law and Language, Legal Linguistics, Forensic Linguistics, Criminal Justice, and Comparative Law.
Introduction
1. Court trials in Africa
Adversarial trials
Inquisitorial trials
Trials by customary courts
Trials by Islamic courts
The language of trial
African languages as channels of trial
The language of the record
Measuring linguistic comprehension ability
2. Language Fair Trial Rights
Information on charges
Presumption of innocence
Confession
Plea taking
Adequate time and facilities to prepare a defence
Interpretative assistance
Correctness and comprehensibility
Consistency and simultaneousness
Interpreter’s oath
The interpreter
Shortfalls of judicial interpreting in Africa
Evaluating interpretative assistance
Interpreted evidence and the hearsay rule
Translation
Presence and legal representation of the accused person
Examination and cross-examination of witnesses
3. Safeguarding the Linguistic Fair Trial Rights of Vulnerable Litigants
Child participants
Witnesses with speech and hearing challenges
Experiences of foreign nationals in African Courts
Victims of sexual violence
4. Remedies for Breach of Language Fair Trial Rights
Conclusion
The language fair trial rights code
Appendix: The languages of selected societies and courts in Africa
References
Index
Biography
Catherine S. Namakula is a senior lecturer in law at the University of the Free State, South Africa and Professor with the Global Humanistic University, Curaçao. She has published articles in peer-reviewed journals on language and fair trial in Uganda, South Africa, and Kenya. She is also a member of the Working Group of Experts on People of African Descent (of the Human Rights Council).
