Discrimination and Access to Justice in Africa: Language, Vulnerability and Social Inclusion in Southern and Eastern Africa

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.

Wellman Kondowe is a Senior Lecturer in the Department of Language, Cultural and Creative Studies at Mzuzu University in Malawi.

Paul Svongoro is a Research Fellow in the Africa Languages Department of the University of South Africa.