17 August 2007
The Pan South African Language Board (PanSALB) would like to make it known
that it fully recognises, appreciates and supports the decision of the National
Prosecuting Authority (NPA) to uphold the Bill of Rights as enshrined in the
Constitution by trying former apartheid minister Adriaan Vlok and head of
police general Johan van der Merwe in Afrikaans.
This follows media reports that the NPA and justice fraternity have taken a
decision to try the former apartheid bosses in their primary language to comply
with Section 35(3)(K) of the Constitution which states that an arrested,
detained and accused person should be tried in a language that the accused
person understands or, if that is not practicable, to have the proceedings
interpreted in that language.
Whilst this is a requirement, we take note of the alleged incident that
happened at the Vryheid Magistrate Court, where the language of the accuser was
not relevant according to the presiding officer. Can we then draw a parallel in
this case and assume that if Dr Frank Chikane fails to get an interpreter of
his language, would the carriage of justice be seen to have taken place?
The above quoted scenario and directive of the NPA seems to perpetuate the
historical supremacy of English and Afrikaans as the absolute languages of
carrying justice in our South African courts because it has avoided going far
enough to include the use of indigenous languages as a matter of principle.
"This creates an environment in which indigenous languages continue to be
squeezed to the periphery in our South African courts. We believe that a
holistic view should be taken in dealing with the use of all official languages
in our courts," said Mrs Ntombenhle Nkosi, PanSALB's Chief Executive
Officer.
Further, PanSALB is of the view that the case is of national interest,
therefore, efforts should have been made to provide simultaneous languages,
without compromising the rights of the accused.
Enquiries:
Sibusiso Nkosi
Cell: 082 855 4436
Tel: 012 341 9638
Issued by: Pan South African Language Board
17 August 2007
