However, relying on English only - and, in some cases, Afrikaans - is detrimental to a multilingual society, especially when constructing legal documents, such as sworn statements.
These sentiments come from Dr Laurian Lesch, who became the first graduate to obtain a PhD in Linguistics, with an emphasis in Forensic Linguistics at the University of the Western Cape (UWC), conferred to her during last week’s Autumn Graduation.
Lesch, who is also a coordinator and lecturer of a newly designed course, Forensic Linguistics, as part of the new BA Law Programme in the Faculty of Law, explores various thematic areas which include but are not limited to languages of record in a multilingual society, police record construction, sworn statements, authorship attribution and identification.
Lesch also noted that forensic linguistics is interdisciplinary, and offering it to BA law students supports interdisciplinarity.
“It teases the interconnectedness between these fields as law students are exposed to linguistics. It also gives students an introduction to the field of Forensic Linguistics and highlights the role that language plays in the legal sphere.”
In her study, Inter- And Intralingual Translations of Complainants’ Police Sworn Statements: A Co-Construction of a Legal Text in a South African Context, Lesch found that police officers assume various roles, including the roles of interviewer, translator and editor. However, discrepancies tend to emerge through the retelling and co-constructing of sworn statements.
“The findings of this study demonstrate that the retelling and translating of sworn statements is not in the best interests of justice. Instead, it entrenches the domination of some languages over others, perpetuating inequalities in the broader administration of justice, thus substantially reducing meaningful access to justice for speakers with limited understanding of the languages of record,” Lesch explained.
According to Lesch: “In cases where the accused, the witness, or the complainant has limited understanding of either English or Afrikaans, the retelling and rewriting of complainants’ legal narratives is done by police officers, who translate such narratives from the source text into the target text to facilitate and benefit the legal process. Hence, both interlingual and intralingual translation may take place”.
“A sworn statement lays the foundation for the administration of justice as its value lies in its accuracy, whether it is an inter- or intralingual translation,” added Lesch, a member of the Western Cape Language Committee, an advisory body promoting multilingualism and monitoring the use of the official languages of the Western Cape.
In support of this growing field, UWC has scholars at the forefront of forensic linguistics research, including Professor Monwabisi Ralarala, Professor Russell Kaschula and Dr Zakeera Docrat. These scholars have made and continue to make significant contributions by spearheading a book series for students.
