Discrimination and Access to Justice in Africa

Language, Vulnerability and Social Inclusion in Southern and Eastern Africa

Wellman Kondowe, PAUL SVONGORO (Herausgeber)

Buch | Hardcover

324 Seiten

2025
Routledge (Verlag)
978-1-032-94208-7 (ISBN)

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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 senior lecturer in the Faculty of Education at the University of Botswana and a research fellow in the Africa Languages Department of the University of South Africa.

Discrimination and access to Justice in Africa, by Wellman Kondowe & Paul Svongoro THEME 1 CHILDREN IN THE LEGAL SYSTEM Chapter 1: Child Witness Protection during Criminal Proceedings: The Law, Practice and Challenges in Zambia, by Kamo Msimuko Simfukwe Chapter 2: Linguistic barriers to access to justice by child victims and witnesses of sexual assault in Malawi’s justice system, by Shyreen Odala Chirwa Chapter 3: Silent victims of the law: Children and the legal system in post-colonial Zimbabwe, by Vincent Chenzi Chapter 4: The application of language and procedural entitlements of children in detention in Malawi, by Dorothy nyaKaunda Kamanga THEME 2 WITNESSES WITH PHYSICAL CHALLENGES Chapter 5: Whose access to justice? Civil Procedure Rules and the Right of Access to Justice for Persons with Disability in the High Court of Malawi, by Thokozani Soko and Wellman Kondowe Chapter 6: Intoxication, memory and credibility: Intoxicated witnesses and suspects as a vulnerable group in Zimbabwe’s justice system, by Paul Svongoro & Stanley Madonsela Chapter 7: Vulnerability of girls with communication disorders in the Malawian criminal justice system, by Wellman Kondowe, Evans Lwara & Hajira Blamu Mitumba Chapter 8: Communication barriers faced by deaf citizens when accessing police services in Zimbabwe, by Tawanda Matende, Patson Kufakunesu & Victor Mugari THEME 3 LANGUAGE AS A BARRIER IN ACCESS TO JUSTICE Chapter 9: Sign Language and the Law in Zambia: Promoting Equal Access to Justice for a Linguistic and Cultural Minority, by Gabriel Simungala & Humphrey Kapau Chapter 10: Challenges of foreign language and migrant workers in South African Courts: A critical examination of Linguistic Justice, by Josephat Mutangadura & Tebogo J. Rakgogo Chapter 11: Foreign language speakers, migrants and refugees in Kenyan courts, by Joyce Kasili & Lydia Anyonje Chapter 12: Legal Status of Malawi Sign Language: Implications on Language Rights and Access to Justice for the Deaf, by Martin Zoloni & Deborah Ndalama-Mtawali THEME 4 THE POOR AND THE ILLITERATE BEFORE THE COURTS OF LAW Chapter 13: Legal interpretation and the dilemma of the poor and illiterate as accused and witnesses in Malawi’s courtrooms, by Jones Hamburu Mawerenga & Godwins Lwinga Chapter 14: Access to justice by unrepresented litigants in Zimbabwe’s courtrooms, by Paul Svongoro & Ndlovu Eventhough Chapter 15: The impact of litigants’ socio-economic status on the delivery of justice: The Plight of the Poor and Illiterate in Zimbabwe's Rural Magistrate Courts, by Josephat Mutangadura & Felistus Tafadzwa Makumbe THEME 5 WOMEN IN SEXUAL ASSAULT CASES Chapter 16: Rape myths in written judicial opinions from the Tanzanian Court of Appeal, by Patricia Muraguri, Emmanuel Satia & Simon Nganga Chapter 17: Ethical journalism practise in Zvinoyera, zvinotyisa uye zvinoda kufumurwa’s coverage of allegations of abuse of women and children against Madzibaba Ishmael, by Witness Roya.

Erscheinungsdatum	12.04.2025
Reihe/Serie	Law, Language and Communication
Zusatzinfo	3 Tables, black and white; 2 Line drawings, black and white; 2 Illustrations, black and white
Verlagsort	London
Sprache	englisch
Maße	156 x 234 mm
Gewicht	790 g
Themenwelt	Geisteswissenschaften ► Sprach- / Literaturwissenschaft ► Literaturwissenschaft
	Recht / Steuern ► Allgemeines / Lexika
	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Öffentliches Recht ► Völkerrecht
	Sozialwissenschaften ► Soziologie ► Spezielle Soziologien
ISBN-10	1-032-94208-8 / 1032942088
ISBN-13	978-1-032-94208-7 / 9781032942087
Zustand	Neuware