From language to society: An analysis of interpreting quality and the linguistic rights of the accused in selected Zimbabwean courtrooms

Abstract

Like most African countries, postcolonial Zimbabwe is multilingual with more than 15 indigenous languages. Since Zimbabwe was a British colony, colonial policies ensured the entrenchment of English as the language of sports, education, records and law. English is spoken mainly as a second or even third language by the majority of Zimbabweans. Even for those who speak English fluently, or with near fluency, the technical vocabulary of legal English, and the specialised use of ordinary terms, often results in miscommunication in the courts of law. This complex sociolinguistic situation requires the services of interpreters to bridge the communication gap between the custodians of the law like magistrates, prosecutors and judges and ordinary people who do not speak the language of the court, particularly in difficult, sensitive and complex cases such as rape trials which normally invoke cultural, psychological and emotional responses for all courtroom players. This article investigates the interplay between language and society by examining the quality of the interpreting in cases involving alleged rape in Zimbabwean courtrooms. We analyse interpreter renditions during open court sessions and examine transcriptions of trials obtained in courtrooms. Our findings suggest that there are chances of miscommunication in courtrooms due to hitches in the interpreting process which have adverse effects on the rights of the accused and/or witnesses to a free and fair trial. Although the findings are based on Zimbabwean data, we believe that many of the issues that are raised in this article could be applicable to other countries with similar sociolinguistic profiles.