“Every accused person has a right to a fair trial...”: The problematization of the application and implication of interpreting during cross-examination of the accused

Abstract

The study sought to examine the application and implications of Section 35(3)(k) of the Bill of Rights of the South African Constitution in relation to the interpreting process during cross-examination in court. The section states that, “Every accused person has a right to a fair trial, which includes the right to be tried in a language that the accused person understands or, if that is not practicable, to have the proceedings interpreted in that language”. Interpreting is among the provisions guiding the language used during court proceedings, as such, its application is one of the core measures in the examination of a fair trial for this research. The study establishes the strengths and limitations of interpreting from English to a Nguni variety, isiZulu, and vice versa in line with Section 35(5)(k). The positioning of the interlocutors of both English and isiZulu during the interpreting process has been examined to establish successes and limitations concerning the application of the section.