Sesotho immigrant minority group and language rights in South Africa: a case study
In post-democratic South Africa, there has been – and continues to be – a dramatic increase of immigrants who pursue better standards of living and education in the country. There are many challenges with immigrants, with some being labelled as drug sellers, human traffickers, and so on. These individuals emerged in communities where sometimes they are perceived negatively; some view them as breaking the law by crossing the borders without proper documents. This research focuses on the Sesotho immigrant minority group and language rights in South Africa. The research is based on a case study. It explores the country’s language usage in selected courtroom cases. The focus is on immigrant minority groups and their language rights in relation to the role of South African courtroom interpreters who are hired with the aim of improving the branch of justice and constitutional development through language. This study was located at the Worcester Magistrates’ Court and is situated against the backdrop of human rights, as contained in the Bill of Rights in relation to section35(3)(k) of the Constitution which confers on an accused person a right to have a trial conducted in the language of their choice. The goal of this study was to examine the position of interpreters through courtroom docket instances of immigrant minority groups, having an overview of the challenges they come upon and the way forensic linguistics can assist during demanding situations. This research looked at the necessity of qualifications for interpreters and how they are trained in translating immigrant minority groups’ languages. The methodology involved qualitative insights derived from interviews conducted with three interpreters. Additionally, a review of South African constitutional provisions and legal framework regarding language rights provides a foundational backdrop for analysis. The preliminary findings indicated that, even though the legislative framework appears to support the linguistic rights of minority groups, their actual implementation may be inconsistent. The accessibility of qualified Sesotho mediators is irregular, and their capability levels change, influencing the constancy of interpretation and levels of understanding during court procedures. The study's recommendations for policy enhancements include strict quality control measures, increased recruitment of proficient Sesotho speakers, and standardized training for interpreters. To safeguard the Sesotho immigrant minority group's language rights and guarantee their fair access to the Worcester Magistrates’ Court, these actions are absolutely necessary.
Forensic linguistics, Language rights, Minority language rights, Immigration Act, Language policy
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