Kiswahili serves as a national language and lingua franca for 150 ethnic communities in Tanzania. This language has grown beyond Tanzania and the African continent. Despite its prestige, the language is highly limited in the justice system in Tanzania. The chapter adopts critical language policy to show how making English the principal language of the law discriminates against the majority of Tanzanians. Highlighting the linguistic difficulties antagonising presiding judicial officers suggests that English is not a reasonable choice for equitable justice in Tanzania. The study also notes that the enactment of the Written Laws (Miscellaneous Amendment) Act of 2021 declaring Kiswahili as the language of laws has not yet met the need. First, there are types of cases that Kiswahili is not allowed to handle. Second, legal content translation needs to be done fast and in plain Kiswahili. Third, what is given in Kiswahili should be more than summaries of judgements and the applicable laws because these will conceal the language problem addressed in this study. Fourth, these summaries have to be more than informational, they should have legal bearing. Since 2021, Kiswahili has theoretically become the language of the law, where English still is practically the language of the law in Tanzania. Political will is needed to make the justice system effect changes that benefit the Tanzanian society.

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Kiswahili and the Justice System in Tanzania

  • Antoni Keya

摘要

Kiswahili serves as a national language and lingua franca for 150 ethnic communities in Tanzania. This language has grown beyond Tanzania and the African continent. Despite its prestige, the language is highly limited in the justice system in Tanzania. The chapter adopts critical language policy to show how making English the principal language of the law discriminates against the majority of Tanzanians. Highlighting the linguistic difficulties antagonising presiding judicial officers suggests that English is not a reasonable choice for equitable justice in Tanzania. The study also notes that the enactment of the Written Laws (Miscellaneous Amendment) Act of 2021 declaring Kiswahili as the language of laws has not yet met the need. First, there are types of cases that Kiswahili is not allowed to handle. Second, legal content translation needs to be done fast and in plain Kiswahili. Third, what is given in Kiswahili should be more than summaries of judgements and the applicable laws because these will conceal the language problem addressed in this study. Fourth, these summaries have to be more than informational, they should have legal bearing. Since 2021, Kiswahili has theoretically become the language of the law, where English still is practically the language of the law in Tanzania. Political will is needed to make the justice system effect changes that benefit the Tanzanian society.