Watch the recording here.
The International Association of Women Judges (IAWJ) hosted a webinar on February 18, 2025, titled "Colonial Languages in Law: Examining Legacy, Limits, and Pathways for Inclusivity," in observance of the International Day of Mother Language. The event featured Dr. Zakeera Docrat, Justice Ivy Kamanga, and Justice Sharon Kaunda Newa. The discussion focused on the impact of colonial languages in legal systems, the barriers they create to accessing justice, and strategies for integrating Indigenous languages to promote inclusivity and equity.
Dr. Zakeera Docrat, a forensic and legal linguist from the University of the Western Cape, presented on the South African legal system’s struggle with linguistic inclusivity. Despite South Africa’s 11 official languages, English remains the sole language of record—a policy rooted in colonial and apartheid-era practices. Dr. Docrat emphasized how this monolingual policy excludes Indigenous language speakers, forcing them to rely on court interpreters. However, interpretation often fails to capture cultural nuances, resulting in misunderstandings that compromise justice. She also highlighted the gap in legal education, where law students graduate with monolingual competencies, perpetuating linguistic inequality. Notably, she praised initiatives like those at Akademia University, which integrates Indigenous languages into its law curriculum, as potential models for broader reforms.
Justice Ivy Kamanga of the Malawi Supreme Court of Appeal shared her perspective on the clash between Indigenous justice practices and formal, colonial-influenced legal procedures. She recounted how traditional village courts in Malawi use communal and restorative practices, which are more inclusive and culturally sensitive. In contrast, the formal adversarial system, conducted in English, alienates Indigenous language speakers and leads to frequent misinterpretations, especially in cases involving children and sexual offenses. Justice Kamanga argued for integrating Indigenous practices into the formal legal system to promote inclusivity and community-centered justice. She also shared experiences where cultural taboos and euphemisms created barriers to understanding in court, highlighting the need for culturally competent interpreters and judicial officers.
Justice Sharon Kaunda Newa of the High Court of Zambia discussed Zambia’s legal system, where English is the official language of record despite constitutional provisions allowing local languages. She highlighted how reliance on interpreters can lead to serious errors when cultural meanings are lost in translation, impacting case outcomes. Justice Kaunda Newa provided case examples where a lack of understanding of customary law led to judicial errors. She also stressed that legal education reform is essential, as most Zambian legal professionals are monolingual in English, making the implementation of Indigenous languages in the legal system challenging. She called for transforming legal education to produce multilingual practitioners capable of navigating both colonial and Indigenous legal frameworks.
A key theme across the panelists’ presentations was the need for systemic reform to address linguistic barriers in legal proceedings. The discussion identified several common challenges: the limitations of court interpretation, the exclusionary effects of monolingual legal education, and the lack of linguistic competence among judicial officers.
The panelists proposed a series of reforms, including revising language-of-record policies to accommodate local languages, making Indigenous language training compulsory for law students, and encouraging bilingual judgments from judges. Additionally, they advocated for pilot programs to test language-inclusive courts, starting at the provincial level, where dominant Indigenous languages can be incorporated into legal proceedings.
They also emphasized the importance of collaboration between academics, the judiciary, and policymakers to drive meaningful change. Legal education institutions, in particular, were urged to take responsibility for producing multilingual graduates who can contribute to a more inclusive legal system. Judicial officers should undergo language sensitivity training to better understand the cultural and linguistic contexts of the cases they adjudicate.
The webinar concluded with a call to action for continued dialogue and cooperation among stakeholders. The panelists underscored that addressing linguistic exclusion is essential for achieving genuine access to justice and transforming post-colonial legal systems into spaces of inclusivity and equity.