Sergeant Dawid Johannes Fortuin testified in the Joshlin Smith trial. Seated beside him is a court interpreter.
Image: Mandilakhe Tshwete / Independent Newspapers
The Department of Justice and Constitutional Development (DoJCD) has acknowledged the shortage of court interpreters and is working on strategic initiatives to tackle the problem.
This comes after the South Africa Registered Court Translators & Interpreters (SARCTI) highlighted the significant shortage of interpreters — both in sign language and spoken languages — and sworn translators within the South African judiciary. They said the matter necessitates an urgent strategic overhaul.
The issue was first brought to the public’s attention back in 2022 when the Public Service Commission (PSC) commissioner Anele Gxoyiya lamented the general lack of sign language interpreters working in the government, but did not give a complete account of the issue.
The lack of court interpreters has also made headlines when cases were repeatedly delayed due to not having interpreters.
The PSC was contacted to provide an update on this, but redirected inquiries to the DoJCD.
Even Parliament has felt the need for more interpreting services as the issue was raised last year when MPs wanted interpretation services not only on request at the meetings of the portfolio committees.
The impact of court interpreters is evident even during days spent at the various courts.
While attending the Cape Town Magistrate's Court for one of Anabela Rungo's appearances, this was evident when a magistrate called an unrelated case but then had to have the accused stand down until an hour or so later, as an interpreter was occupied in another case.
SARCTI, a network of qualified translators whose mission is to ensure that registered court translators are both regulated and accessible to meet the community's needs, provided insight into some of the challenges.
It said that the shortage of interpreters adversely impacts all tiers of the judiciary, including magistrate courts. It leads to escalated operational costs and protracted legal proceedings, thereby undermining judicial efficiency and access to justice.
“The deficiency in language services endangers the rights of individuals dependent on these services, highlighting the critical need for sustainable and systematically structured solutions to enhance interpreter availability,” it said.
“Operational inefficiencies are amplified by foundational structural issues in court administration. The absence of a publicly accessible registry for sworn language practitioners, alongside a designated office to oversee the coordination of language service providers, presents a significant barrier to progress.”
It said a rigorous analysis of the current legislative framework governing the registration of language practitioners is vital, as existing regulations may inadvertently discourage both domestic and international candidates from pursuing careers in these professions.
“It is crucial that the Chief Justice's Office (CJO) prioritises optimising the registration process to increase the participation of qualified professionals within the language services domain. Initiatives focused on expanding the pool of eligible language practitioners represent a pivotal opportunity.
“Enhanced collaboration between judicial bodies and organisations of registered language practitioners could lead to the establishment of more efficient certification pathways, thereby strengthening the language service ecosystem.
“A pragmatic step would involve the CJO creating and managing a comprehensive database of sworn language practitioners. Such a centralised repository would significantly improve accessibility and facilitate communication between the courts and interpreters. Moreover, bolstering coordination and clarifying operational guidelines is essential for supporting language service providers within the judiciary,” SARCTI said.
They said the CJO should extend its support to organisations representing Registered Court Translators and Interpreters in South Africa.
These organisations are crucial in orienting newcomers to the regulatory requirements set forth by the Supreme Court of South Africa and the South African Language Practitioners' Council Act of 2014.
“Key initiatives could include the standardisation of training programmes, targeted recruitment strategies for emerging professionals, and the formulation of transparent protocols to address the needs of language practitioners operating in judicial settings.”
SARCTI also encouraged awareness, saying that community outreach initiatives could attract a new cohort of professionals in interpretation, significantly bridging the current resource gap.
“We propose the establishment of a dedicated office within the High Court divisions focused on the comprehensive management of issues pertaining to language practitioners. This initiative would represent a significant first step towards addressing the persistent challenges associated with the shortage of language practitioners in South Africa.”
They suggest that this office could:
- Providing specialised knowledge regarding the qualifications and criteria required to become a certified language practitioner in South Africa.
- Conducting comprehensive evaluations to assess the qualifications and competencies of applicants.
- Overseeing the swearing-in process for qualified language practitioners, encompassing sign language interpreters, spoken language interpreters, and written language translators.
- Maintaining a comprehensive database of language practitioners registered under the Chief Justice's Office.
- Enforcing compliance and managing deregistration processes.
- Addressing complaints and regulating the fee structure for all language practitioners within South Africa.
While the Chief Justice's Office has yet to respond, the DoJCD spokesperson Kgalalelo Masibi said it is committed to addressing the shortages, which are primarily due to the increasing number of languages requested.
“The department collaborates closely with High Court interpreters, who also receive training from the Bridget Mabandla Justice College (BMJC). This helps capacitate interpreters from both courts to meet the high demand for court interpreting services.
“The DoJCD acknowledges the shortage and is working on strategic initiatives, including virtual remote court interpreting, training programmes, and collaboration with Higher Education Institutions.
“The department faces challenges in sourcing interpreters for obscure foreign language dialects, which are often difficult to find. To mitigate this, the DoJCD advertises positions for casual court interpreters to increase the pool and, through BMJC, provides training for recruited interpreters,” Masibi said.
The department said it advertises casual interpreter positions regularly through its provincial offices and has appointed about 1824 interpreters nationwide, including approximately 20 sign language interpreters.
“More appointments are under consideration to meet the demands.
“The department has (also) addressed structural issues in court administration and established the Directorate: Language Services and Interpreting to manage both language services and court interpreting comprehensively.
“The Director: Language Services and Interpreting has been appointed, and other critical positions within the directorate will soon be filled to ensure operational efficiency and management of interpreting services,” Masibi said.
“The DoJCD is working towards creating a publicly accessible electronic centralised interpreters’ database for effective scheduling of court interpreters, including South African Sign Language interpreters. This will improve coordination and scheduling of interpreters.”
Masibi said the department recognises the importance of raising awareness about the role of language practitioners and has conducted campaigns, such as the 2024 workshop at Tshwane University of Technology (TUT), to attract new professionals to the field.
“There are also plans to professionalise interpreters to attract more experienced professionals to apply and be included in the department’s database of accredited interpreters.
“The professionalisation will involve ensuring that interpreters are accredited by the South African Language Practitioners’ Council. More will still be done in these areas, and as a department, we appreciate the inputs and suggestions brought by the SARCTI.”
theolin.tembo@inl.co.za