Prejudices encountered by speakers of indigenous languages during the recording of suspect/witness statements at police stations in Zimbabwe

Abstract

This article investigates the effectiveness of Zimbabwe’s language of record policy in the justice system. It also evaluates Zimbabwe police’s ability to effectively implement the language of record policy and its impact on access to justice for specific sections of the population. To collect data, the study utilised document analysis, non-participant observation of police-suspect questioning and the recording testimonies and semi-structured interviews with key stakeholders in the justice delivery system. The collected data, analysed using critical theory in language policy, established that police officers, who are not professional translators, may misrepresent witness statements during arresting, interrogating and recording activities, especially by demanding minute details of a case. These misrepresentations, including additions and omissions in witness testimonies, confirm judges’ concerns about the police’s handling of potential witnesses’ statements. The article highlights the ongoing injustices faced by indigenous language speakers in Zimbabwe’s justice system, recommending measures to improve access to justice by reducing linguistic barriers during the foundational phase of a case and ensuring that access to justice is a right, not a privilege. The article also emphasises the significance of specialised training for police personnel to enhance witness testimonies. It highlights the role of translation in promoting social change and equality and combating discrimination, while also challenging injustices in Africa’s legal systems.