Language Use in Mainland Tanzanian Courts

The Legal Framework and Language Barrier Puzzle

Authors

  • Dr. Fatma Rashid Khalfan

Keywords:

Court Language, Interpretation and Language fair trial rights

Abstract

Tanzania is a heterogeneous society characterised by various languages which include Kiswahili, a widely spoken national language. The law provides mainly for English and Kiswahili as the languages of the court with former as the predominant language of the court record.2The context within which the two languages are used has potentials for language barrier in the course of court proceedings and difficulties to presiding judicial officers in recording proceedings and discrimination of those who do not understand the languages of the court.3This article examines the legal framework for language use in Mainland Tanzanian courts in relation to the inherent language barrier. It concludes that in apart from the presence of an inadequate regime, that regulates interpretation of evidence in proceedings, there are other significant measures that need to be taken to address language barrier.

Author Biography

Dr. Fatma Rashid Khalfan

LLB (ZU), LLM (Warwick), LLM (Turin), PhD (OUT). The author is an Advocate of High Court of Tanzania. This article is based on the author’s PhD thesis (OUT), 2019, entitled “Legal Aspects of Language Barrier in Mainland Tanzanian Courts”.

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Published

2021-11-01

How to Cite

Khalfan, F. R. (2021). Language Use in Mainland Tanzanian Courts: The Legal Framework and Language Barrier Puzzle. Institute of Judicial Administration Journal, 2(3), 06–28. Retrieved from https://journal.ija.ac.tz/index.php/files2/article/view/36