Overview

The field of forensic linguistics is a niche area that has not enjoyed much participation from the African continent. The theme of language and the law in this book is one that straddles two important aspects of the legal history of South Africa in particular, and how it has impacted on the country's legal and education systems. The declaration, by the United Nations, of 2019 as The International Year of Indigenous Languages is opportune, not only for the launch of this book, but for what its research content tells us of the strides taken in ensuring access to justice for all citizens of the world in a language they understand. The contributions by authors in this book tell the story of many African citizens, and those hailing from beyond our borders, who straddle the challenges of linguistic and legal pluralism in courtrooms across their respective countries. It is our hope that the contributions made in this book will assist in ensuring human rights become a reality for global citizens where indigenous voices have not been heard; and that these citizens will be free to give their testimonies in a language of their choice, and that they may be heard and understood.

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9781928480167

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During the advent of democracy and independence in Southern Africa in particular, the elevation of multiple indigenous languages to the status of official languages did little to create an enabling environment for the development of those languages and thus to advance forensic linguistics as a science. To the exclusion of any of the indigenous languages, the English language remains a dominant language of record in the entire criminal justice system in most countries: from the first stage of sharing information on a crime; when obtaining statements from witnesses; and in the ensuing investigation, up to and including the conducting of the ultimate judicial proceedings. This situation will ever remain a challenge to forensic linguists unless the status quo changes. The time has come for robust engagement with the leadership in the criminal justice system in Southern Africa and elsewhere with a view to achieving the fusion of forensic linguistics in the entire criminal justice system. New Frontiers in Forensic Linguistics: Themes and Perspectives in Language and the Law in Africa and beyond is a good treatise for this purpose. Honourable Mr Justice James Yekiso, Judge of the High Court Western Cape Division, South Africa The field of forensic linguistics is a niche area that has not enjoyed much participation from the African continent. The theme of language and the law in this book is one that straddles two important aspects of the legal history of South Africa in particular, and how it has impacted on the country's legal and education systems. The declaration, by the United Nations, of 2019 as 'The International Year of Indigenous Languages' is opportune, not only for the launch of this book, but for what its research content tells us of the strides taken in ensuring access to justice for all citizens of the world in a language they understand. The contributions by authors in this book tell the story of many African citizens, and those hailing from beyond our borders, who straddle the challenges of linguistic and legal pluralism in courtrooms across their respective countries. It is our hope that the contributions made in this book will assist in ensuring human rights become a reality for global citizens where indigenous voices have not been heard; and that these citizens will be free to give their testimonies in a language of their choice, and that they may be heard and understood. Advocate Sonwabile Mancotywa, CEO of the National Heritage Council, South Africa

Author Information

Monwabisi K. Ralarala, is Director of the Fundani Centre for Higher Education Development at the Cape Peninsula University of Technology. He is an Associate Professor, an NRF-rated researcher (C2), and Chairperson of the African Language Association of South Africa. Previous positions include: Director: Language Centre, University of Fort Hare; Chairperson, Western Cape Language Committee; Director of Research and Policy Development, Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities; and Lecturer, Department of African Languages, University of Stellenbosch. He is a Canon Collins Educational and Legal Assistance Trust Alumnus; the 2017 recipient of the Neville Alexander Award for the Promotion of Multilingualism; and holds two PhDs (Universities of Stellenbosch and Free State respectively) on persuasion in African Languages and in Language Practice, with emphasis on forensic linguistics. His diverse research interests follow three lines: language rights and multilingualism in higher education; forensic linguistics; and translation studies. He has held positions of visiting scholar, both national and international. He has also published in journals and books, mainly in forensic linguistics, and translation studies. He is co-editor of African language and language practice research in the 21st century: Interdisciplinary themes and perspectives (CASAS, 2017). Russell H. Kaschula is Professor of African Language Studies at Rhodes University, where he has been awarded both Vice Chancellor's Distinguished Senior Teaching and Vice Chancellor's Distinguished Senior Research awards. He holds the NRF SARChI Chair in the Intellectualisation of African Languages, Multilingualism and Education. He has published widely in the field of applied language studies and literature, and is an award-winning creative writer. He has a particular interest in language and law; his interest in forensic linguistics stems from his background in law and African languages. He is the 2019 Mellon Global South Senior Fellow at the American University in Cairo, Egypt. Georgina Heydon is an Associate Professor of Criminology and Justice Studies at the Royal Melbourne Institute of Technology, and President of the International Association of Forensic Linguists. Her work focuses on the discourse and conversational structures of police interviews and other forms of crime reporting. She is an internationally recognised expert in the field of forensic linguistics and investigative interviewing. She has published numerous academic papers and a book, The language of police interviewing: A critical analysis (Palgrave Macmillan, 2005), on the topic of interviewing and information. As a forensic linguist, she provides expert evidence on authorship attribution, threat identification and in commercial trademark cases. She has delivered interviewing training and advice to police and legal professionals in Australia, Sweden, Belgium, Indonesia, Mozambique and Canada, and to members of Australian judicial colleges and tribunals, as well as to lawyers and corporate clients.

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