The importance of delivering Judgments in South Africa’s official languages
Case: Truworths Limited v MTM obo M Mochekgechekge (2022)
In a ground-breaking Judgment penned in SeSotho by Acting Judge Smanga Sethene, the Labour Court had to consider an application brought by Truworths to review a decision of the CCMA.
The Labour Court disagreed with the CCMA’s ruling that overturned the company’s decision to dismiss Maphasha Mochekgechekge (“Ms Mochekgechekge”) for violating the company’s Cash Discrepancy Policy.
According to the matter, on numerous occasions when Ms Mochekgechekge cashed in, there would be an inconsistency. When management had enquired reasons for the shortage, Ms Mochekgechekge used her pregnancy as an excuse. The shortage continued, until such time Ms Mochekgechekge was given two written warnings and thereafter subsequently dismissed following a disciplinary hearing.
Ms Mochekgechekge had referred her unfair dismissal dispute to the CCMA, who thereafter ruled in her favour. The CCMA found that the dismissal of Ms Mochekgechekge was unfair for reasons that Ms Mochekgechekge’s pregnancy should have been taken into consideration. In response, Truworths argued that the decision was unlawful, stating that the Commissioner had failed to take evidence into account that the woman was consistent in short-changing the company from 2014 until 2018.
The matter was then taken to the Labour Court, who found that Ms Mochekgechekge’s dismissal was, in fact, lawful and resultantly, set aside the CCMA’s Ruling.
At the Labour Court, the Acting Judge started his judgment by explaining why writing the judgment in SeSotho was essential.
He quoted Judge Neville Holmes, who in 1958 captured a judgment in Afrikaans and stated: ‘One’s experience is that the winner is usually content to know merely that he has won. But the loser likes to know the reasons why he has lost. I proceed to give judgment in the language of the losers.’
Considering that Ms Mochekgechekge did not fully understand English, which was confirmed by her need for an Interpreter during the proceedings, the Judge decided to write his judgment in the language best understood by Ms Mochekgechekge; this being SeSotho. The reasons provided was for Ms Mochekgechekge to properly understand why the Court found against her. The reasons for the Court’s finding included, inter alia that: “ bopaki boo Truworths e faneng ka bona ho Mokomishinara bona le botsitso haholo” and that “Truworths e bontshiste botho le pelo e telele ho tloha ka selemo sa 2014 go ya ho 2018. E lekile ho qoba ho leleka Mme Mochekgechekge. Empa e hlolehile”
The Judge provided that delivering a judgment in a language not properly understood by Ms Mochekgechekge would have been problematic for Ms Mochekgechekge to understand why the Labour Court set aside the CCMA award and ruled against her.
The importance of this judgment highlights the importance of delivering judgments in any of South Africa’s official languages, especially where parties to the matter are not familiar with English.
An essential function of the country’s judicial process is to ensure that all who appear before the Courts and, in this case the CCMA, are offered a fair hearing as per their Constitutional rights.
