Widening readership – a case study of the translation of indigenous law

Abstract

This thesis explores the translation into English of an Afrikaans academic text in the field of legal anthropology focusing on the indigenous law practised among the Nkuna of Ritavi: Boonzaaier’s (1990) Die familie-, erf-, en opvolgingsreg van die Nkuna van Ritavi met verwysing na ander aspekte van die privaatreg. It aims to discover how to produce accountable translations of such texts for different audiences to widen access to information on indigenous law. Such texts are now used in court cases under common law and in the higher indigenous courts, but are not all available in a lingua franca. This qualitative study presents an autoethnographic research narrative, and uses the critical friend methodology to underpin the practical translation of the case study text. Central historical translation theories of equivalence are reviewed. They persist in the Anglo-American translation tradition, which requires ‘transparent’ translation, rather than word-for-word faithfulness. Choices regarding functional equivalence depend on the Skopos (purpose) of texts. Hermeneutic theories, including Iser’s reader aesthetic theories and Gadamer’s concept of horizons of expectations, illuminate the position of translators as readers. The autoethnographic research narrative reveals a sympathetic widening of the translator’s horizons in engaging with the text in the context of her cultural, educational, socio-political and socio-economic positioning. The study shows that feminist theory provides useful metatextual strategies to increase the visibility, and hence accountability, of translators. Post-colonial theories highlight the importance of power relations surrounding translations in the South African context. The study argues that most translation theory focuses on literary translation, not ‘use’ texts such as the case study text, but the concept of ethnographic research narratives and various aspects of ethnographic texts allow literary translation theories to be applied to Boonzaaier’s text. A ‘negotiation’ model of translation is shown to be useful, especially linked to the critical friend methodology (the author of the case study text was interviewed about indeterminacies in the text and about its Skopos). The translation is complicated by the fact that the text focuses on elements of Nkuna culture, which differs from the cultures associated with the start language (Afrikaans) and the target language (English). The annotated academic translation for academics and members of the judiciary reveals problems in translating gender terms which require explicit intervention in the translation. Generic problems in such texts include differential treatment of men and women under indigenous law, non-equivalent legal terminology in the Nkuna and common law systems, and opposing legal and social paradigms – differences which need to be made explicit rather than elided to achieve a ‘thick translation’. Because of the time that has passed since the start text was written (1990), the text also requires updating regarding applicable national legislation and geopolitical designations. Other areas addressed are specific Nkuna terms, currency changes, and the use of tenses in the text. The thesis also explores interactions with aspects which may be offensive or disturbing to readers. The thesis proposes Plain English possibilities for a diverse Nkuna readership, in the context of the language debates in South Africa. Plain English is, by default, essential in South African conditions to widen access to scientific material. South Africa differs from countries where Plain English norms initially developed, so these norms require adjustment. The thesis shows the applicability of interlingual translation theories for intralingual (Plain Language) translation, and recommends further testing of the strategies in the field. It also recommends the use of autoethnography and the critical friend methodology in Translation Studies.