Mudzamiri (20487/2021), Ex parte [2022] ZAWCHC 219 (2 November 2022)

Mudzamiri (20487/2021), Ex parte [2022] ZAWCHC 219 (2 November 2022)

The court held that Rule 59(2) of the Uniform Rules of Court is expressed in peremptory terms and requires that an applicant's competency as a translator be certified in writing after examination by an appropriately qualified sworn translator, or otherwise proved to the satisfaction of the court through expert evidence. In this case, the applicant was examined by a linguist who was not a sworn translator as envisaged by the rule. The court found that the linguist's qualifications and the applicant's academic results were insufficient to meet the threshold set by Rule 59(2). The court emphasized that translation is a specialized skill and that the assessment of competency must be conducted...

Citation
[2022] ZAWCHC 219
Parties
Applicant: Shelton Mudzamiri
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
2 November 2022
Case Number
20487/2021
Procedural Posture
Ex Parte Application / First Instance
Outcome
Application struck from the roll with leave to renew on the same papers properly supplemented once requirements of Rule 59 are satisfied.
Judges
Lekhuleni
Legal Topics
Admission of Translators, Uniform Rules of Court, Rule 59, Expert Evidence
Civil Procedure Admission of Translators Uniform Rules of Court Rule 59 Expert Evidence

Case Brief

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Parties

Shelton Mudzamiri

Applicant

Procedural Posture

Ex Parte Application / First Instance

Legal Issues

  1. 1 Whether the applicant satisfies the requirements for admission and enrolment as a sworn translator under Rule 59 of the Uniform Rules of Court.
  2. 2 Whether the applicant's competency in English and Shona has been duly certified as required by Rule 59(2).

Ratio Decidendi

The court held that Rule 59(2) of the Uniform Rules of Court is expressed in peremptory terms and requires that an applicant's competency as a translator be certified in writing after examination by an appropriately qualified sworn translator, or otherwise proved to the satisfaction of the court through expert evidence. In this case, the applicant was examined by a linguist who was not a sworn translator as envisaged by the rule. The court found that the linguist's qualifications and the applicant's academic results were insufficient to meet the threshold set by Rule 59(2). The court emphasized that translation is a specialized skill and that the assessment of competency must be conducted...

Court Disposition

Application struck from the roll with leave to renew on the same papers properly supplemented once requirements of Rule 59 are satisfied.

Orders

  • The applicant's application is struck from the roll.
  • The applicant is granted leave to renew his application on the same papers properly supplemented once he has fully satisfied the requirements of Rule 59.