Sanelisiwe Qayi, a University of the Western Cape (UWC) graduate, is determined to make South Africa’s courtrooms more accessible to non-English speakers. Passionate about the power and preservation of indigenous languages—especially her mother tongue, isiXhosa—Qayi recently graduated Magna Cum Laude with a BA Honours in isiXhosa (Forensic Linguistics).
Her research explored the role of African languages in selected South African courts, raising critical questions about fairness and miscommunication when English dominates legal proceedings.
“People have a right to speak the language they understand in court, but that’s not always the reality,” said the 22-year-old from Lower Cala in the Eastern Cape. “Misinterpretation can lead to injustice.”
As the first in her family to earn a university degree, Qayi’s academic journey reflects both personal and national significance—highlighting the need for linguistic equity in the justice system.
Qayi says she wanted to show the power of using your mother tongue to access justice in South African courts, where the predominant language remains English despite South Africa’s constitution recognising 11 official languages.
“In court, we have the right to speak the language that we understand. If the person in court can’t do that, they are told to use English or that their languages will be interpreted. If the interpreter doesn’t interpret the language properly, there’s a risk of miscommunication between the court and the accused or the accuser,” said Qayi.
In her research, she says she came across at least four court cases where there had been miscommunication between the interpreter and a witness giving evidence.
“I’ve also taken a close look at the ongoing Senzo Meyiwa case, where they are using isiZulu and Setswana, and only isiZulu is being interpreted. What about the one who does not speak isiZulu?”
“It’s not just the accused who are disadvantaged by the use of English, but also the lawyers and other legal officers. That is why I wanted to show the power inherent in using your own language in court to bring about justice. Even uTata Nelson Mandela said, ‘If you speak to a man in a language he understands, that goes to his head. If you talk to him in his language, that goes to his heart,’ and this, I believe, emphasises the importance of connecting with someone on a deeper level through shared language and culture. And also, that true understanding requires more than just intellectual grasp, but also emotional resonance and the ability to empathise,” said Qayi.
Currently doing her Master’s at UWC, Qayi is investigating how cases involving people living with disabilities that require them to use Sign Language are handled in South African courts. She is drawing comparisons with international jurisdictions, with a focus on their rights as South African citizens and court participants.
Away from doing her Master’s full-time, Qayi is also a Xhosa subject teacher and a Xhosa newsreader at Khayelitsha-based community radio station Zibonele FM. Later this year, she will present her Honours thesis at the biannual conference of the International Association of Forensic Linguistics, which will be hosted by UWC at the President Hotel in Sea Point between June 30 and July 4.
Qayi said she’s excited to present her thesis in isiXhosa with the likes of Chief Justice Mandisa Maya and other legal luminaries.
