Beating the paralyses

Pamella Maseko & Russell H Kaschula

Discourse in a Multilingual and Multicultural Courtroom: A court interpreter’s guide
Author: R Moeketsi
Publisher: JL Van Schaik Publishers

South Africa is presently suffering from what could be termed a form of “linguistic paralyses”. This is especially true in areas such law and medicine where clients and patients are often understood through the medium of an interpreter. Rosemary Moeketsi’s book is an attempt to unravel this complex phenomenon and to look at cross-communication within a legal context. It is the first extensive publication which addresses the notion of language and law in both an academic and empirical way. The book contains a wealth of empirical research based on contextual case studies carried out in various courts of law. This book seems particularly pertinent at a time when the Minister of Justice supports the notion of English as being the only language of record in the courtroom, notwithstanding that this notion could be viewed as unconstitutional.

Moeketsi points out that it does indeed seem bizarre, for example, in a court where there are only Tswana speakers present, the requirement is that the language of record remains English. There is still a distinction drawn between the powerful (prosecutor, magistrate and so on who are proficient in English) and the witness or accused who are sometimes not proficient in English. This again forces the process to depend on the interpreter in a situation where they would not necessarily be required if Tswana was used in the court. This “interpretation process” makes the proceedings much longer and more complicated.

Discourse in a Multilingual and Multicultural Courtroom is divided into 2 parts. It also has an introduction which contains a literature review, as well as some comment on how Magistrates Courts operate in South Africa, the external structure of the courtroom and so on. Part 1 of the book concentrates on the nature of verbal interaction in the courtroom. Moeketsi explores three major areas here: The constitution and language of the courtroom; statements about courtroom questions, as well as answers to courtroom questions. The first area explores the notion of balance of power in the courtroom in relation to the phases of a criminal trial. Essentially this section unpacks the struggle between first language speakers of indigenous languages and the ‘power’ language of the legal profession, namely, English. The second area looks at questions types and how they are managed in the court, whilst the third area analyses courtroom answers, and how they are delivered and assessed.

In Part 2 of the book Rosemary Moeketsi attempts to unravel the deeper sociolinguistic aspects which underpin courtroom interpreting. She explores four major areas: The first takes a theoretical approach, analysing the background to court interpreting and the issues surrounding interpreting versus translation, the history and role of the court interpreter, the skills required, the modes of interpreting, as well as the general rules of conduct. It is rightly pointed out that not only do interpreters need to be trained in the art of interpreting, but they also need to be well versed in legal language, something which is presently sadly lacking. The second area looks at the “essential interpreter”. This analyses the profession itself, how its hierarchy works, the training of court interpreters as well as the history of court interpreting in South Africa. The third area analyses the intricacies of a multilingual and multicultural courtroom. Finally, in her fourth area, Moeketsi presents her conclusions. These contain specific recommendations regarding professional and legal matters as well as language matters. The book also contains an invaluable glossary which amounts to a trilingual dictionary of legal terms.

Essentially then, the main thrust of this work investigates various aspects of the criminal court process. It analyses not only the court room structure and the role players within this structure, but is also presents a historical as well as a theoretical history of courtroom interpreting in South Africa. This is done within the paradigm of multilingualism and multiculturalism and the complexities as well as the challenges which surround this type of courtroom communication. Although one cannot doubt the invaluable nature of this study, this type of research needs to be undertaken on a national scale. The research in this work has been limited mainly to the Gauteng and Free State provinces. The book is therefore somewhat parochial, rather than national in its approach. Arguably, it would be wise for all provinces and their departments of justice to initiate such studies.

Perhaps what underpins the thesis in this work is the humane nature which it encourages and which is sometimes lacking, yet vitally important in the legal context. Moeketsi sums this up when she observes that in her first impressions of a trial she “saw blatant inequality and disparity ... power juxtaposed with powerlessness, knowledge with ignorance, confidence with fear, arrogant control with humble submission; manoeuvring and manipulation against confusion and bewilderment.”

This book should be vital reading for any sociolinguistic, indeed anyone interested in issues surrounding law and language. It should also be vital reading for anyone interested in interpretation and translation studies. The book is pleasing to the eye and the layout makes it accessible and easy to read, even though parts of the book are particularly technical and contain legal jargon. The glossary at the end of the book also helps to bridge the gap for any reader who may not possess a legal background.

Lawyers, interpreters, language practitioners, sociologists, anthropologists and those concerned with the nature of multiculturalism and multilingualism are all encouraged to read this work. It is highly recommended and goes some way to address the “linguistic paralyses” which threatens the fabric of South African society; and which threatens to turn our society from primary speakers of various languages into secondary speakers, to listeners or hearers of interpreters, themselves subjugated beneath the weight of the power of English, as well as the power of the legal profession.

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