Drunk, rude and in some cases incapable of translating — these are just some of the allegations levelled against interpreters at the magistrate's court in Gqeberha, with lawyers and prosecutors often left to do their jobs.
In an email by a court official, who is not being named to protect his identity, at least six court interpreters have been named for various acts of poor conduct.
The allegations include:
- At least two interpreters alleged to have been absent from court proceedings, or abandoning their posts;
- One accused of being violent and vulgar with many reports submitted to supervisors regarding her conduct, but nothing being done about it;
- Another stands accused of being appointed at Gqeberha but absconding from her duties at the Willowmore Magistrate’s Court, with no proper investigation done or disciplinary steps taken;
- One alleged to have two criminal cases against her including one charge of breaking lockdown regulations and drunk driving, and the other of assaulting a security officer at Graaff-Reinet Magistrate’s Court; and
- Another court interpreter arriving at work under the influence of alcohol.
The email details how an interpreter had gone to a regional court during a plea explanation being read out and was noticed being intoxicated.
The incident was allegedly reported to the then-acting supervisor, who failed to take any action against the interpreter.
Last week, when The Herald visited the North End court's building, only four courts were operating with skeleton staff present, and two interpreters were noted.
A state prosecutor, who asked not to be named, said it was an ongoing concern whether an interpreter would be at a specific court on time.
“We are at their mercy most of the time. Cases get delayed because they are not present or we have to go look for them,” she said.
Defence attorney Dean Murray said in his experience cases which were adjourned for tea breaks, which are usually 15 minutes long, only start 30 minutes later because interpreters did not return on time.
“Some interpreters’ work ethic leaves a lot to be desired and there is little to no sanctions against them.
“I have seen how magistrates ask if we can continue because of the interpreters not being present or arriving late,” Murray said.
On issues of misinterpretation or poor language standards, Murray said there were numerous incidences where legal practitioners had no idea if the information being translated was interpreted correctly.
“We have no idea to what extent there has been a misinterpretation. We are completely at the mercy of these interpreters,” Murray said.
“In some cases the standard of English being used by certain interpreters is appalling,” Murray said.
Issues of misinterpretation are not new as The Herald has noted on several occasions while covering court cases that basic translation from English to Afrikaans or the reverse has had to be addressed by a legal practitioner or even the presiding officer who has had to interject and correct the interpreter.
Another prominent Bay defence attorney, who asked not to be named, said one of the biggest challenges was the availability of interpreters and whether they were fully versed in the languages they were translating.
“The standard of language used is not what it should be either, with some interpreters leaving out vital information in their translations,” he said.
Attorney Ryno Schotlz said while he had not experienced major issues with court interpreters, there were issues of courts being short-staffed.
“I know they are sometimes short staffed and that does hinder court proceedings,” Schotlz said.
Justice department spokesperson Steven Mahlangu failed to comment.
Pumza Nyhiba, court manager of the magistrate's court in Gqeberha failed to answer questions, only acknowledging that she had received them.
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