A new book by a team of South African linguists and legal scholars is sparking debate about how language shapes justice in the country’s courts. Courtroom Discourse: Practical Insights from Legal Linguists dives deep into the realities faced by ordinary people when their stories are filtered through a language they don’t speak — and sometimes don’t understand.
Edited by Dr Zakeera Docrat, Dr Annelise de Vries, Prof Russell H. Kaschula, and Dr Paul Svongoro, the book argues that South Africa’s multilingual society demands a multilingual justice system. It explores how language influences everything from police statements to courtroom interpretation, showing that miscommunication can easily become misjustice.
Although South Africa’s Constitution recognises 12 official languages, English continues to dominate legal spaces. This, the authors argue, limits access to justice for thousands of citizens whose first languages are indigenous African tongues. The book makes a strong case for transforming legal education and practice to reflect the country’s linguistic diversity.
Professor Mantoa Motinyane of the University of the Western Cape calls the publication a wake-up call for the justice sector. “It speaks directly to South Africa’s commitment to multilingualism, access to justice, and true transformation,” she said, noting that the book offers practical solutions for reform.
Professor Kaschula, one of the country’s leading voices in forensic linguistics, believes that language and justice are inseparable. “Every crime begins and ends in language — through testimony, threats, or confessions. When language fails, justice fails too,” he explained.
The authors emphasise that interpreters, judges, and lawyers need more training in cultural and linguistic awareness. They also urge law faculties to include indigenous language modules as part of the LLB curriculum — ensuring that future legal professionals are equipped to engage meaningfully with South Africa’s multilingual reality.
Dr Docrat warns that the celebration of English-only policies has done more harm than good. “It’s ironic that we celebrated monolingualism as progress,” she said. “Our students are being trained to think in one language in a country of many, and that lack of linguistic awareness filters straight into the courtroom.”
The book also examines real-life cases where mistranslations and misunderstandings have affected verdicts, showing how something as simple as a misinterpreted word can derail justice.
By highlighting these challenges — and offering solutions grounded in both research and lived experience — Courtroom Discourse shines a light on an uncomfortable truth: that language, more than law, often determines who is heard and who is silenced in South Africa’s justice system.
