Broken Language Barriers: AfriForum Tackles Court Interpreter Crisis in Western Cape

AfriForum, the South African civil rights group, has initiated a formal request under the Promotion of Access to Information Act (PAIA), aimed at the Department of Justice to address significant concerns over the lack of court interpreters. This request, lodged on April 2, underscores growing apprehensions about the instability and inefficiency within the justice system, especially in contexts involving foreign nationals.

This demand for transparency arises from troubling reports of numerous court delays and even dismissals due to the unavailability of language interpreters. Such deficiencies not only disrupt the judiciary's workflow but also spotlight serious procedural and fairness issues within the system.

The overarching crisis of interpreter provision in the Western Cape has notably manifested in a case involving four Malawian nationals, arrested in October 2023. Despite the gravity of their charges, which include housebreaking and possession of stolen goods, recurrent postponements due to the lack of competent interpreters have significantly stalled the judicial process. These individuals, currently unbailed owing to their undocumented status, reflect a larger obstacle undermining justice efficacy—about 14 court appearances have occurred, yet none have progressed to plea stages.

The primary complaint by AfriForum pertains to the alleged non-payment of interpreters by the Department of Justice—a situation that has precipitated a decline in available and willing interpreters for court proceedings. The dysfunction this causes is not only a technical failure but impacts real lives, often leaving the accused in prolonged detention without trial and victims of crimes awaiting closure.

Jacques Broodryk, Chief Spokesperson for Community Safety at AfriForum, stated, "It is unacceptable for criminals to walk free simply because the Department of Justice is failing to pay interpreters. Crime victims and their families deserve better and AfriForum is committed to holding those responsible accountable. Justice delayed is justice denied.”

In confronting this issue, AfriForum's PAIA request seeks explicit insights into the current state of interpreter services, the existing policies on interpreter compensation, and detailed measures planned to rectify the prevailing crisis. The group emphasizes the necessity for the Department of Justice to act swiftly, ensuring that the lack of interpreter services no longer compromises the integrity and functionality of court proceedings.

As the situation unfolds, AfriForum's activism not only highlights a critical flaw in the justice system but also raises broader concerns about human rights and the principle of a fair trial. Stakeholders and the public alike await the Department of Justice's response with hopes for immediate and sustainable solutions to this pressing issue.