A critical discourse analysis of the linguistic choices and methods applied to gather linguistic evidence in selected gender-based violence cases in South Africa

Abstract

This study investigates how linguistic choices and methods employed to gather and present linguistic evidence in selected Gender-based violence (GBV) cases result in power dynamics in South African courtrooms. Using Critical Discourse Analysis (CDA) and Multimodal Critical Discourse Analysis (MCDA) this research examines how language use influences power, credibility, and meaning-making through visual semiotics. This study adopted a qualitative research design, utilising Critical Discourse Analysis (CDA) as its central methodological approach to examine the linguistic choices in two high-profile gender-based violence (GBV) cases in South Africa. Data was collected through video transcription of the selected cases. The research aimed to explore how language is used to construct narratives around perpetrators and victims, and to uncover underlying ideologies that shape societal perceptions of GBV. CDA which examines the interplay between text, discursive practice, and sociocultural context. This framework enabled a layered understanding of how linguistic structures both reflect and reproduce power relations and gendered ideologies within legal and media discourse. The findings revealed that language used in both cases often framed the victim in ways that subtly questioned their credibility, while linguistic strategies tended to mitigate the actions of the accused. Passive constructions, modality choices, and evaluative language played a critical role in shaping public and institutional responses to the incidents. The study recommends the development of gender-sensitive linguistic guidelines for legal practitioners, as well as training programs for stakeholders involved in GBV cases to challenge and reform the discursive reproduction of gendered power imbalances. Ultimately, the research highlights the importance of language awareness in the broader effort to combat gender-based violence in South Africa.