LAW THEORY AND PROCEDURES

FOR INTERPRETERS
HLTP51116

Lecturer: Mr Pfumel ani Mayimele

Orientation/Aim/Direction of the Module
• The Introduction to the Theory of Law for court interpreters (HLTP51116)
aims to empower prospective court interpreters, practicing court
interpreters, translators and any student studying this module with
knowledge on the South African law, composition of South African court
system, relevant legislation and the different judicial officers as well as on
various law aspects.
• Legal interpreters are not prosecutors, attorneys or advocates, but are court
officials who facilitates communication during legal and court discourses;
this is done through decoding legalese into laymen’s language. At the end
of this module students will be able to interpret in different criminal and
civil proceedings; court discourses, legal conversations, consultations using
different modes of interpreting.
Expected Learning Outcomes
After completion of this module students will be equipped with the
ability to:
• Read and understand legalese.
• Understanding of the basic principles of the South African law,
court process and court composition.
• Understanding of court processes and procedures in criminal and
civil proceedings; and
• Interpretation of the meaning legalese and legislative provisions
during legal and court discourses
LEARNING UNIT 1: INTRODUCTION
TO CRIMINAL AND CIVIL
PROCEDURES
What are laws and why do they exist?
• ‘‘Laws are rules made and enforced by the state to regulate the
behaviour of people in society. They comprise rights and duties: what
you must do, what you may do, what you may not do and what other
people and institutions – including the state itself – should or should
not do in relation to you’’ (South African National Editors’ Forum).
• Laws also authorise, limit and distribute powers to various branches
of government, and create frameworks enabling private individuals to
conclude contracts, make wills and to set up institutions and
corporations (South African National Editors’ Forum).
Continuation
• Laws are intended to create social order, to provide certainty, to
enforce duties and to protect rights. Crime is defined as not obeying
(‘breaking’) the law, and when a court of law finds that laws have
been breached, offenders suffer penalties.
• These can range from imprisonment, paying a fine, performing
community service or attending a rehabilitation programme. These
measures are designed to punish the offenders and forestall vigilante
reprisals (‘taking the law into their own hands’) – but also to deter
offenders from breaking the law again.
Where can a person find law?
One can find law in the following five sources of the South African law:
1. The Constitution
• The Constitution is the supreme law of South Africa. All laws and State
actions must be in line with the Constitution.
• Our Constitution tells us how the State is organised. It also has the Bill of
Rights list of human rights, which sets a standard for all laws.
• This means that all that goes against the Bill of Rights can be challenged.
• The courts must also follow the ideas in the Bill of Rights they interpret
(give meaning to) the common law and customary law. (to be discussed
later on).
Continuation
2. Statute Law
• Statute law is written law. Statutes (written laws) are made
by Parliament as the highest law-making body in the country.
• Our Constitution also allows Provincial legislatures
(parliaments) to pass statute laws for the province and gives
some law-making power to municipalities.
• An example of statute law is the Child Act. Often an Act gives
powers to a person (e.g., a Minister) or a body (e.g., the
Department of Welfare) to make more laws under an Act.
Continuation
• These laws are called regulations - these are usually more detailed
rules to implement an Act, e.g., Electoral Regulations under the
Electoral Act.
• Statutes can also give powers to towns and cities to make written
laws (called ‘by-laws’) for themselves.
Continuation
3. Common law
• Common law is law that is not made by Parliament or another law-
making body.
• This law comes from Roman-Dutch law and English law, brought to
South Africa by the Dutch and English settlers.
• When a legal problem is not covered by statute law, you can look at
the common law for an answer.
• Many of the general principles of our law come from the common
law, e.g., the criminal law that says ‘murder’ and ‘robbery’ are
crimes.
Continuation
4. Customary law
• Customary law is either written or unwritten law which develops from
the customs of a community.
• When the customs of a community become fixed practice (custom)
which people use and believe in, these customs become a form of
customary law.
• Customs become law only when they are:
• Generally known by everyone in the community;
• Generally followed by everyone in the community;
Continuation
• Enforced in some way
Finding and using customary law is not always easy because:
• It is mostly unwritten law;
• Where it is written law, it is not always a true and reliable example of
the law that is practised in communities.
• It is often used in the courts by people who know very little by
customary law.
Continuation
5. Court decisions
• When people are involved in a dispute (conflict) about the law, or
when a person has broken the law, the dispute can go to the courts.
• The courts look at the facts of the case, and the law.
• Then the courts make a judgement (court decision).
• New problems can arise all the time.
• This means that the courts will carry out the law in a new or different
way sometimes, depending on the courts