ARTICLE: LANGUAGES, JUSTICE AND THE COURTS: A MISINTERPRETATION
2014-05-26
According to media reports, the Department of Justice and Constitutional Development is getting ready to introduce indigenous language courts “in an attempt to speed up justice” and “make courts more accessible”.
A pilot project for indigenous language courts was run in 2009, but was stopped after an assessment by the Department. The Department stated last month that it was reopening the project.
According to the Department, the objective is to introduce and promote the use of indigenous languages in a few courts, then to expand to other courts.
There are a few points that we should consider in the wake of last week’s election.
World Press Freedom Day was proclaimed by the UN General Assembly in December 1993, following the recommendation of a UNESCO General Conference.
A core policy directive in the Department of Sport and Recreation’s 2013 White Paper on Sport and Recreation stated that “The racial composition of national teams should not be advocated, nor should National Federations be prescribed to on how they should select their teams. National teams should be selected on merit but transformation should be implemented at school/youth levels to prepare a broad basis of athletes for participation at higher levels in future”.
South Africans would do well to take note of President Zuma’s statement in Parliament yesterday regarding the ANC’s plans to “intensify the implementation of affirmative action policies in order to deepen reconciliation and social cohesion in our country.” The President did not grab these ideas from the air – they are a core element of the second phase of the ANC’s National Democratic Revolution.
In a recent article (abridged in the Cape Times, 20 January 2014) Professor Jane Duncan pointed to the fact that although socialist ideas are widely espoused by the masses there is little reference to socialism in most of our media. She says that objective viewers “would probably conclude that socialism was consigned to the dustbin of politically bankrupt ideas long ago.”
The way the Judicial Services Commission (JSC) of South Africa presently recommends candidates for judicial appointment to the President has been the subject of controversy and widespread criticism and raises concerns that it attaches excessive consideration to race and not enough to whether candidates are fit, proper and appropriately qualified.
The sorrow and adulation that the world has expressed following the recent death of Nelson Mandela are a worthy tribute to his greatness. Last Monday the British parliament added its voice to the global chorus. It was appropriate – because it was the same parliament that set the course for South Africa’s future history when it created the Union of South Africa only 103 years ago. In so doing it set the stage on which Nelson Mandela – who was born only eight years later – would play out his extraordinary career.
There is something quite touching in the ANC’s belief that it can solve complex economic and social problems simply by promulgating new laws. What is not so endearing is the underlying notion that the state has a right to intrude into the legitimate affairs of private businesses, civil society organisations and political parties in its efforts to impose its ideological precepts throughout society. That has the whiff of totalitarianism‐ however benign the intentions may ostensibly be.