South Africa Urged to Build Indigenous Languages into Justice System
- Country:
- South Africa
South Africa’s justice system should move beyond using indigenous languages only for courtroom interpretation and begin developing them as languages of legal education, judicial reasoning and legal scholarship, Deputy Minister of Justice and Constitutional Development Andries Nel said during a public lecture at the University of Mpumalanga.
Marking three decades since the adoption of South Africa’s Constitution, Nel said the country now has an opportunity to make multilingualism a practical reality across the justice sector by strengthening institutions, legal education and research in indigenous languages.
Justice Must Be Accessible in Every Language
Nel said the Constitution places language among its founding principles, making it a central part of South Africa’s democratic framework rather than a symbolic commitment.
He explained that Section 6 of the Constitution recognises historical discrimination against indigenous languages and requires practical measures to promote them. He added that language rights are closely connected to equality, dignity, freedom of expression, education and the constitutional right of every accused person to understand court proceedings.
According to Nel, true access to justice requires more than translation services. Citizens should also be able to study, debate and develop legal ideas in their own languages, allowing indigenous languages to shape legal thinking and jurisprudence.
Translation Alone Is Not Enough
The Deputy Minister said legal translation should not be viewed as a simple word-for-word exercise because legal concepts often carry cultural and historical meanings that differ across languages.
He argued that translating legal terminology creates an opportunity to challenge existing assumptions while enriching both legal systems and indigenous languages. Building a multilingual justice system, he said, means creating legal vocabulary, educational res rather than relying solely on English
Partnership Proposed to Drive Reform
To bridge existing gaps, Nel proposed a phased language implementation strategy through a partnership between the University of Mpumalanga, the South African Judicial Education Institute (SAJEI) and the Brigitte Mabandla Justice College.
He suggested that the Justice College and the university sign a memorandum of understanding covering five key areas: education and training, research and innovation, indigenous languages and access to justice, digital justice, and community engagement.
The partnership could develop specialised courses on court interpreting, legal translation, customary law, constitutional law, plain-language legal drafting, access to justice in rural communities and alternative dispute resolution based on indigenous knowledge.
Nel also proposed establishing a research hub to develop legal terminology in indigenous languages, produce multilingual legal dictionaries and court relanguage policy within the justice sector
A Long-Term Transformation
Acknowledging that change will take time, Nel said a multilingual justice system would be built gradually through consistent effort, including training interpreters, producing textbooks, translating judgments, expanding legal databases and strengthening institutional partnerships.
He said lasting transformation would come through many small but meaningful steps that collectively make South Africa’s justice system more inclusive, accessible and reflective of the country’s linguistic diversity.
