Judiciary challenges exposed through Madlanga’s interpretation lapses

Renewed scrutiny has been placed on language interpretation within South Africa’s legal system following repeated translation mistakes at the Madlanga Commission of Inquiry. Chairperson and retired Justice Mbuyiseli Madlanga had to step in during proceedings to correct flawed isiZulu translations, drawing attention to persistent gaps in courtroom interpretation.

The issue became evident during the appearance of suspended police sergeant Fannie Nkosi, who challenged the accuracy of the interpreters, insisting that his testimony was not being properly conveyed. His concerns forced multiple pauses as officials worked to amend the errors and ensure clarity.

The role of interpreters remains central to the delivery of justice, particularly in a multilingual society. Justice and Constitutional Development Minister Mmamoloko Kubayi previously stressed that interpreters are key to upholding constitutional rights by enabling equal access to the courts for all citizens.

However, systemic challenges continue to undermine this function. A significant number of interpreters operate without formal training, raising concerns about professionalism and consistency. This has intensified calls for the full enforcement of the South African Language Practitioners’ Council Act, which seeks to regulate and elevate standards in the field.

The Pan South African Language Board has also pointed to South Africa’s reliance on bilingual individuals rather than certified professionals as a contributing factor to recurring errors. While responsibility ultimately lies with the judiciary and the Department of Justice, PanSALB continues to provide guidance that could shape future reforms. The commission is currently on recess and is expected to resume hearings on April 7.