The right to a fair trial in South Africa is entrenched in section 35(3) of our Constitution and includes - very importantly - section 35(3)(k) which assures the right to be tried in a language that the accused person understands. This is essential to enable those charged with crimes to defend themselves adequately and answer properly to any charges levied against them by the State.
The protection of this right in South African constitutional jurisprudence follows international legal principle. For example, Article 14(3)(a) of the International Covenant on Civil and Political Rights provides that in the determination of any criminal charge everyone shall be entitled "to be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him".
Our Constitution also goes further - in keeping with international legal and human rights standards - that if those who are charged with crimes do not understand the language in which their case is being tried, they have the right to have the proceedings interpreted into a language they do understand. This means that judicial authorities in South Africa must provide adequate interpreters and translators throughout the hierarchy of our court system in order to give effect to this right.
This is important specifically in light of the fact that South Africa has 11 official languages, as well as a diverse range of communities. Two recent cases - both of them alarming, considering the constitutional imperatives concerning language use in our courts - illustrate that proper access to justice may depend on the consistent implementation of this right.