Sanelisiwe Qayi, a young academic from the University of the Western Cape (UWC), is emerging as a powerful voice for linguistic equity in South Africa’s legal system.
Graduating Magna Cum Laude with an Honours degree in isiXhosa (Forensic Linguistics), Qayi’s work confronts a critical, often overlooked issue: the marginalisation of indigenous languages in South African courtrooms.
Her research investigates the role of African languages in selected courts across the country, with a specific focus on how the dominance of English impacts access to justice. “People have a right to speak the language they understand in court, but that’s not always the reality,” said Qayi. “Misinterpretation can lead to injustice.”
At only 22 years old and the first in her family to obtain a university degree, Qayi’s academic path holds both personal and national importance. Her research draws attention to Section 35(3)(k) of the Constitution's Bill of Rights, which states that every accused person has the right to a fair trial, including the right to be tried in a language they understand, or to have proceedings interpreted accordingly.
However, Qayi found evidence of systemic shortcomings in this regard. During her study, she identified at least four cases where communication breakdowns between interpreters and witnesses adversely affected the integrity of proceedings. She also referenced the high-profile Senzo Meyiwa trial, noting that while both isiZulu and Setswana have been used, interpretation has been limited to isiZulu, leaving some participants at a disadvantage.
“It’s not just the accused who are affected,” Qayi explained. “Lawyers, court officials, and other legal practitioners also face barriers when they must navigate proceedings in a language that’s not their own.”
From the Bill of Rights to the heart of the courtroom
Referencing Nelson Mandela’s famous quote (If you talk to him in his language, that goes to his heart), Qayi argues that linguistic accessibility is not only a legal imperative but also a means of fostering deeper understanding and empathy in the courtroom.
Currently enrolled in a Master’s programme at UWC, Qayi is extending her research to examine how courts accommodate persons living with disabilities who require South African Sign Language. Her comparative study includes a review of international jurisdictions, with a particular focus on the rights of disabled persons as courtroom participants.
In addition to her academic pursuits, Qayi teaches isiXhosa and serves as a newsreader at Zibonele FM, a community radio station in Khayelitsha. Her dedication to promoting indigenous languages will soon take centre stage when she presents her Honours thesis, entirely in isiXhosa, at the International Association of Forensic Linguistics conference. The event, hosted by UWC, will be held at the President Hotel in Sea Point from 30 June to 4 July 2025 and is expected to draw local and international legal experts, including Chief Justice Mandisa Maya.
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Courtesy: University of the Western Cape
