There are different forms of discrimination. Among others, people can be discriminated against on the basis of their ethnic grouping, political affiliation, race, gender, age, and language. This book focuses on linguistic discrimination in Africa, acknowledging that language plays a key role in the delivery of justice and much of what transpires in justice systems deals with language use. It argues that to achieve fairness, the state has a responsibility to put in place accommodations aimed at reducing linguistic vulnerability. The collection interrogates some of the issues that are common in Africa, which is arguably one of the most linguistically diverse continents in the world, bringing together a collection of case studies from Malawi, South Africa, Zimbabwe, Tanzania, Kenya, and Zambia. It presents practical insights from academics, legal professionals, and social scientists. Divided into five thematic parts, the first addresses communication and linguistic challenges faced by children in the legal system. Theme 2 examines the position of witnesses with physical challenges. The third theme focuses on language as a barrier in access to justice. Theme 4 looks at the language of the court as a major barrier to the poor and the illiterate. The fifth and final theme examines the position of women in sexual assault cases. The collection will be of interest to academics, researchers, and policymakers working in the areas of law and language, human rights law, criminology, linguistics, and African Studies.
This book focuses on linguistic discrimination in Africa, acknowledging that language plays a key role in the delivery of justice and much of what transpires in justice systems deals with language use. It argues that to achieve fairness, the state has a responsibility to put in place accommodations aimed at reducing linguistic vulnerability.
Discrimination and access to Justice in Africa, by Wellman Kondowe &
Paul Svongoro THEME 1 CHILDREN IN THE LEGAL SYSTEM
Chapter 1: Child Witness
Protection during Criminal Proceedings: The Law, Practice and Challenges in
Zambia, by Kamo Msimuko Simfukwe
Chapter 2: Linguistic barriers to access to
justice by child victims and witnesses of sexual assault in Malawis justice
system, by Shyreen Odala Chirwa
Chapter 3: Silent victims of the law:
Children and the legal system in post-colonial Zimbabwe, by Vincent Chenzi
Chapter 4: The application of language and procedural entitlements of
children in detention in Malawi, by Dorothy nyaKaunda Kamanga THEME 2
WITNESSES WITH PHYSICAL CHALLENGES
Chapter 5: Whose access to justice? Civil
Procedure Rules and the Right of Access to Justice for Persons with
Disability in the High Court of Malawi, by Thokozani Soko and Wellman Kondowe
Chapter 6: Intoxication, memory and credibility: Intoxicated witnesses and
suspects as a vulnerable group in Zimbabwes justice system, by Paul Svongoro
& Stanley Madonsela
Chapter 7: Vulnerability of girls with communication
disorders in the Malawian criminal justice system, by Wellman Kondowe, Evans
Lwara & Hajira Blamu Mitumba
Chapter 8: Communication barriers faced by deaf
citizens when accessing police services in Zimbabwe, by Tawanda Matende,
Patson Kufakunesu & Victor Mugari THEME 3 LANGUAGE AS A BARRIER IN ACCESS TO
JUSTICE
Chapter 9: Sign Language and the Law in Zambia: Promoting Equal
Access to Justice for a Linguistic and Cultural Minority, by Gabriel
Simungala & Humphrey Kapau
Chapter 10: Challenges of foreign language and
migrant workers in South African Courts: A critical examination of Linguistic
Justice, by Josephat Mutangadura & Tebogo J. Rakgogo
Chapter 11: Foreign
language speakers, migrants and refugees in Kenyan courts, by Joyce Kasili &
Lydia Anyonje
Chapter 12: Legal Status of Malawi Sign Language: Implications
on Language Rights and Access to Justice for the Deaf, by Martin Zoloni &
Deborah Ndalama-Mtawali THEME 4 THE POOR AND THE ILLITERATE BEFORE THE COURTS
OF LAW
Chapter 13: Legal interpretation and the dilemma of the poor and
illiterate as accused and witnesses in Malawis courtrooms, by Jones Hamburu
Mawerenga & Godwins Lwinga
Chapter 14: Access to justice by unrepresented
litigants in Zimbabwes courtrooms, by Paul Svongoro & Ndlovu Eventhough
Chapter 15: The impact of litigants socio-economic status on the delivery of
justice: The Plight of the Poor and Illiterate in Zimbabwe's Rural Magistrate
Courts, by Josephat Mutangadura & Felistus Tafadzwa Makumbe THEME 5 WOMEN IN
SEXUAL ASSAULT CASES
Chapter 16: Rape myths in written judicial opinions from
the Tanzanian Court of Appeal, by Patricia Muraguri, Emmanuel Satia & Simon
Nganga
Chapter 17: Ethical journalism practise in Zvinoyera, zvinotyisa uye
zvinoda kufumurwas coverage of allegations of abuse of women and children
against Madzibaba Ishmael, by Witness Roya.
Wellman Kondowe is a senior lecturer in the Department of Language, Cultural and Creative Studies at Mzuzu University in Malawi.
Paul Svongoro is a senior lecturer in the Faculty of Education at the University of Botswana and a research fellow in the Africa Languages Department of the University of South Africa.
More info about Taylor & Francis e-books