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Plain language and multilingualism in South Africa: a focus on literacy and understanding in law drafting

Multilingualism and plain language are underexamined concepts in the prescripts of South African law, in which their minimal representation has deterred the ordinary citizen from linguistic liberty, due to complex and insufferable legalese. Madiba (2014) and Moen et al. (2023) studied literacy and m...

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Main Author: Maziba, Gugu
Other Authors: Mpendukana, Sibonile
Format: Thesis
Language:English
Eng
Published: African Studies 2025
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access_status_str Open Access
author Maziba, Gugu
author2 Mpendukana, Sibonile
author_browse Maziba, Gugu
Mpendukana, Sibonile
author_facet Mpendukana, Sibonile
Maziba, Gugu
author_sort Maziba, Gugu
collection Thesis
description Multilingualism and plain language are underexamined concepts in the prescripts of South African law, in which their minimal representation has deterred the ordinary citizen from linguistic liberty, due to complex and insufferable legalese. Madiba (2014) and Moen et al. (2023) studied literacy and multilingual classrooms in South Africa where indigenous knowledge creation and sustenance were discovered as literacy interventions. This study focuses on multilingualism and plain language within the prescripts of South African law drafting in assembling plausible resolutions for legal illiteracy among ordinary consumers. Previous studies looked at multilingualism and plain language as a lacking factor in the judiciary and recommended that rigorous indigenous language implementation be adopted by the law for fair consumer protection. The study focuses on the challenges faced when decoding legalese and enquires as to whether plain language would be more helpful for a select sample of South Africans. This study looks at how the judiciary can use plain language as a principal framework for legal indigenous language glossaries and vocabularies. The study conducted interviews and observations using law order documentary evidence. The participants were provided with a law order to read, which was followed by a semi-structured interview and discussion. The study discovered that the select sample in the study tentatively points to a preference to read law documents in English. Indigenous languages were referred to as optional languages or ‘niceto-haves' for law orders to be provided in. The English desire emanated from the economic and social status of the language, which provided more improved educational and employment outcomes than indigenous languages. English dominates legal communication even though citizens struggle with its legal understanding. Legalese tends to be upheld by law professionals in which commitment to law literacy interventions for unlearned citizens needs to be consigned to. Moreover, the study found that media viewership influenced citizen emotions and perceptions of the law as legal televised programming often provides law education and insight.
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institution University of Cape Town (South Africa)
language English
Eng
last_indexed 2026-06-10T12:32:12.136Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2025
publishDateRange 2025
publishDateSort 2025
publisher African Studies
publisherStr African Studies
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source_str UCTD — University of Cape Town Open Access Repository
spelling oai:open.uct.ac.za:11427/42449 Plain language and multilingualism in South Africa: a focus on literacy and understanding in law drafting Maziba, Gugu Mpendukana, Sibonile multilingualism Multilingualism and plain language are underexamined concepts in the prescripts of South African law, in which their minimal representation has deterred the ordinary citizen from linguistic liberty, due to complex and insufferable legalese. Madiba (2014) and Moen et al. (2023) studied literacy and multilingual classrooms in South Africa where indigenous knowledge creation and sustenance were discovered as literacy interventions. This study focuses on multilingualism and plain language within the prescripts of South African law drafting in assembling plausible resolutions for legal illiteracy among ordinary consumers. Previous studies looked at multilingualism and plain language as a lacking factor in the judiciary and recommended that rigorous indigenous language implementation be adopted by the law for fair consumer protection. The study focuses on the challenges faced when decoding legalese and enquires as to whether plain language would be more helpful for a select sample of South Africans. This study looks at how the judiciary can use plain language as a principal framework for legal indigenous language glossaries and vocabularies. The study conducted interviews and observations using law order documentary evidence. The participants were provided with a law order to read, which was followed by a semi-structured interview and discussion. The study discovered that the select sample in the study tentatively points to a preference to read law documents in English. Indigenous languages were referred to as optional languages or ‘niceto-haves' for law orders to be provided in. The English desire emanated from the economic and social status of the language, which provided more improved educational and employment outcomes than indigenous languages. English dominates legal communication even though citizens struggle with its legal understanding. Legalese tends to be upheld by law professionals in which commitment to law literacy interventions for unlearned citizens needs to be consigned to. Moreover, the study found that media viewership influenced citizen emotions and perceptions of the law as legal televised programming often provides law education and insight. 2025-12-18T07:11:27Z 2025-12-18T07:11:27Z 2025 2025-12-18T07:09:27Z Thesis / Dissertation Masters MA http://hdl.handle.net/11427/42449 en Eng application/pdf African Studies Faculty of Humanities University of Cape Town
spellingShingle multilingualism
Maziba, Gugu
Plain language and multilingualism in South Africa: a focus on literacy and understanding in law drafting
thesis_degree_str Master's
title Plain language and multilingualism in South Africa: a focus on literacy and understanding in law drafting
title_full Plain language and multilingualism in South Africa: a focus on literacy and understanding in law drafting
title_fullStr Plain language and multilingualism in South Africa: a focus on literacy and understanding in law drafting
title_full_unstemmed Plain language and multilingualism in South Africa: a focus on literacy and understanding in law drafting
title_short Plain language and multilingualism in South Africa: a focus on literacy and understanding in law drafting
title_sort plain language and multilingualism in south africa a focus on literacy and understanding in law drafting
topic multilingualism
url http://hdl.handle.net/11427/42449
work_keys_str_mv AT mazibagugu plainlanguageandmultilingualisminsouthafricaafocusonliteracyandunderstandinginlawdrafting