scholarly journals Towards a Sound Pedagogy in Law: A Constitutionally Informed Dissertation as Capstone Course in the LLB Degree Programme

2017 ◽  
Vol 20 ◽  
pp. 1
Author(s):  
Andrea Bauling
Keyword(s):  
South Africa ◽  
South African ◽  
Legal Education ◽  
Authentic Learning ◽  
Legal Practice ◽  
Law Schools ◽  
Capstone Course ◽  
Degree Programme ◽  
South African Society ◽  
Academic Influence

The LLB degree programme (Bachelor of Laws) should adequately prepare graduates for the demands set by both legal practice and the greater South African society. Law schools are not tasked with producing future legal practitioners, but rather critical thinkers who can engage with the relationship between law and society in a meaningful way, and who recognise their duty to uphold the values of the Constitution of the Republic of South Africa, 1996 when performing their professional duties. Resultantly law teachers should construct learning environments that engage students in ways that help them develop creativity; embedded subject knowledge; and autonomous learning, critical thinking, and lifelong learning skills. A well-structured LLB degree programme should focus on this broader conception of legal education and a dissertation module as capstone course should be closely aligned with this objective. A greater academic influence could result in an academically rigorous degree programme that produces more mature graduates who possess competencies and attributes that exceed that which is demanded of them by legal practice. One way to establish a greater academic influence in a degree programme would be to include a final year dissertation module which demands that students illustrate the ability to think critically. The final year of a degree programme should provide the student with several opportunities aimed at culminating the learning experience and consolidating the skills and knowledge acquired throughout the preceding years of study. Capstone courses facilitate in-depth learning and should be employed to teach crucial skills related to the purpose of the degree. A compulsory dissertation module as capstone course, which embodies the pedagogical approach of transformative legal education, should be included in the revised curriculum of all law schools in South Africa. This dissertation module should demand that students engage critically with the principles of transformative constitutionalism in order to facilitate thinking that goes beyond traditional and conservative constructions of the South African legal system and its purpose. Such a dissertation could develop a student’s metacognitive ability and result in the development of new legal skills, and the sharpening of existing skills. When producing a dissertation a student is learning to write as well as writing to learn. Crucially, the process of disserting also requires legal research skills and the ability to formulate effective research strategies. A law student who is capable of utilising various sources of law, synthesising the information found therein and presenting it effectively is illustrating elements of authentic learning. But this form of authentic learning in will be near impossible to achieve without the active guidance of a willing supervisor. Law teachers perpetuate legal culture and the supervisor-student relationship creates the opportunity to sculpt the culture instilled so that it may have the desired impact on the student. The supervisor could advance this process by empowering the student to construct critical and transformative views of South African law. A dissertation module presented in this manner could produce students who are able to engage with law constructively and who will graduate as responsible citizens and aspiring legal professionals who are excited about inspiring social justice and transformation in their communities. 

scholarly journals BREAKING THE LANGUAGE BARRIER IN LEGAL EDUCATION: A METHOD FOR AFRICANISING LEGAL EDUCATION

2020 ◽  
Author(s):  
Thokozani Dladla
Keyword(s):  
South Africa ◽  
South African ◽  
First Language ◽  
Legal Education ◽  
African Language ◽  
Law Schools ◽  
African Languages ◽  
Chief Justice ◽  
The Law ◽  
The Republic

Section 6 of the Constitution of the Republic of South Africa, 1996 recognises eleven official languages of the Republic and further requires the State to take practical steps to advance the use of African languages. The Statistics South Africa 2017/18 report shows that most South Africans’ first language are African languages. Despite this reality and the constitutional imperatives, the South African Bachelor of Laws (LLB) curriculum does not prescribe any African language as a compulsory course, and very few sources of law are in an African language. Some law schools do offer some African languages as an elective. However, it is submitted that this is not sufficient. Experience has shown that the inability to articulate oneself in English can be a barrier to completing the LLB degree in regulation-time and admission to legal practice. Furthermore, it is submitted that the Chief Justice 2017 Directive, in which Chief Justice Mogoeng declared English as the only language of record in South African courts, does not address the language problems experienced by court staff. Instead it simply perpetuates the Eurocentric legal system. This is because it counters the advancement and use of African languages envisaged by the Constitution. This article investigates how the failure to advance multilingualism in the current LLB curriculum can disadvantage law students going to practice. It is proposed that law schools begin to address this issue by introducing two innovations. First, it is suggested that law schools make at least one African language a compulsory course. For English first language speakers in particular, this arrangement will strengthen their understanding of the sociological context in which the law operates. Second, it is proposed that each law school should choose an African language that is predominantly spoken in their geographical area and partner with schools of languages to translate sources of law. For African first language speakers in particular, this will assist them in understanding legal concepts better. Translations of legal texts may also allow for law schools to teach the law in the local African language.

Some Reflections on Reparation in Post-Apartheid South Africa, using a Couple Therapy Intervention as a Microcosm of South African Society

2011 ◽  
Vol 1 (2) ◽  
Author(s):  
Andrea Hill ◽  
Sylvia Poss
Keyword(s):  
South Africa ◽  
South African ◽  
Couple Therapy ◽  
South African Society ◽  
Depressive Position ◽  
Central Hypothesis ◽  
Transference And Countertransference ◽  
Constructive Engagement ◽  
The Impact ◽  
Therapy Intervention

The paper addresses the question of reparation in post-apartheid South Africa. The central hypothesis of the paper is that in South Africa current traumas or losses, such as the 2008 xenophobic attacks, may activate a ‘shared unconscious phantasy’ of irreparable damage inflicted by apartheid on the collective psyche of the South African nation which could block constructive engagement and healing. A brief couple therapy intervention by a white therapist with a black couple is used as a ‘microcosm’ to explore this question. The impact of an extreme current loss, when earlier losses have been sustained, is explored. Additionally, the impact of racial difference on the transference and countertransference between the therapist and the couple is explored to illustrate factors complicating the productive grieving and working through of the depressive position towards reparation.

Revisiting Poverty, Human Development and Inequality in Democratic South Africa

2021 ◽  
pp. 097370302110329
Author(s):  
Vusi Gumede
Keyword(s):  
South Africa ◽  
Human Development ◽  
South African ◽  
Measurement Techniques ◽  
National Income ◽  
Population Group ◽  
Poverty Dynamics ◽  
The South ◽  
South African Society ◽  
Multidimensional Poverty Index

There are many questions related to poverty in South Africa that remain unsatisfactorily answered. Given the poor performance of the South African economy, including declining per capita incomes and increasing unemployment, since 2010 or so, it is important to examine poverty dynamics in the recent years. Many recent studies in this regard have relied on 2015 data, and do not examine all the three interrelated aspects of wellbeing viz. poverty, human development and inequality. In this context, this paper uses all the five waves of the National Income Dynamics Study and employs different poverty and inequality measurement techniques to investigate poverty dynamics, human development and inequality during the post-apartheid period in South Africa. The estimates suggest that although poverty was declining prior to the coronavirus pandemic, the African/Black population group is the most affected by poverty. The phenomenon of feminisation of poverty is also verified based on the evidence of increasingly more women in poverty than men. The proportion of population experiencing multiple deprivations, measured by the Multidimensional Poverty Index, have not changed in the post-apartheid period. Similarly, human development has not improved during this period. South African society continues to be one of the most unequal societies in the world. The paper argues that the inability to sufficiently reduce poverty, unemployment and inequality results from the weak performance of the South African economy. In the same vein, it is the structure of the South African economy that has kept the levels of human development low and income inequality high.

Why English dominates the central economy

2002 ◽  
Vol 26 (2) ◽  
pp. 159-177 ◽  
Author(s):  
Laurence Wright
Keyword(s):  
South Africa ◽  
Nineteenth Century ◽  
Language Policy ◽  
South African ◽  
English Speakers ◽  
African Society ◽  
World Language ◽  
South African Society ◽  
Economic Basis ◽  
State Of Affairs

This paper sets out to formulate some of the economic reasons for the continuing dominance of English in the boardrooms, government forums, parastatals and laboratories of South Africa, to consider whether this situation is likely to change, and to assess the extent to which such a state of affairs is at odds with South Africa’s new language policy. The historical reasons for the dominance of English in this sphere are well known: the language’s imperial history, its status as a world language, its role as a medium for political opposition during the apartheid conflict, and the accumulation of capital and economic influence by English-speakers from the mid-nineteenth century onward. However, the day-to-day economic basis for the continuing dominance of English at the apex of South African society has hardly been considered.

scholarly journals A Quarter Century of Democracy and the Uniting Reformed Church in Southern Africa

2019 ◽  
Vol 45 (3) ◽  
Author(s):  
Leepo Johannes Modise
Keyword(s):  
South Africa ◽  
South African ◽  
Southern Africa ◽  
Quarter Century ◽  
South African Society ◽  
Reformed Church ◽  
History Of ◽  
Measuring Tool ◽  
The Church

This paper focuses on the role of the Uniting Reformed Church in Southern Africa (URCSA) in the South African society during the past 25 years of its services to God, one another and the world. Firstly, the paper provides a brief history of URCSA within 25 years of its existence. Secondly, the societal situation in democratic South Africa is highlighted in light of Article 4 of the Belhar Confession and the Church Order as a measuring tool for the role of the church. Thirdly, the thermometer-thermostat metaphor is applied in evaluating the role of URCSA in democratic South Africa. Furthermore, the 20 years of URCSA and democracy in South Africa are assessed in terms of Gutierrez’s threefold analysis of liberation. In conclusion, the paper proposes how URCSA can rise above the thermometer approach to the thermostat approach within the next 25 years of four general synods.

scholarly journals SASS: South African Simulation Survey – a review of simulation-based education

2019 ◽  
pp. 12-20
Author(s):  
R Swart ◽  
R Duys ◽  
ND Hauser
Keyword(s):  
South Africa ◽  
South African ◽  
Undergraduate Students ◽  
Online Survey ◽  
Cross Sectional Survey ◽  
Cross Sectional ◽  
Survey Tool ◽  
South African Society ◽  
Simulation Based ◽  
The Impact

Background: Simulation-based education (SBE) has been shown to be an effective and reproducible learning tool. SBE is used widely internationally. The current state of SBE in South Africa is unknown. To the best of our knowledge this is the first survey that describes the use and attitudes towards SBE within South Africa. Methods: An online survey tool was distributed by email to: i) the South African Society of Anaesthesiologists (SASA) members; and ii) known simulation education providers in South Africa. The respondents were grouped into anaesthesia and non-anaesthesia participants. Descriptive statistics were used to analyse the data. Ethics approval was obtained: HREC REF 157/2017. Results: The majority of the respondents provide SBE and integrate it into formal teaching programmes. There is a will amongst respondents to grow SBE in South Africa, with it being recognised as a valuable educational tool. The user groups mainly targeted by SBE, were undergraduate students, medical interns, registrars and nurses. Learning objectives targeted include practical skills, medical knowledge, critical thinking and integrated management. Amongst anaesthesia respondents: the tool most commonly used to assess the quality of learner performance during SBE, for summative assessment, was ‘expert opinion’ (33%); the most frequent methods of evaluating SBE quality were participant feedback (42%) and peer evaluation (22%); the impact of SBE was most frequently assessed by informal discussion (42%) and learner feedback (39%). In anaesthesia SBE largely takes place within dedicated simulation facilities on site (47%). Most respondents report access to a range of SBE equipment. The main reported barriers to SBE were: finance, lack of trained educators, lack of equipment and lack of protected time. A limited number of respondents report engaging in SBE research. There is a willingness in both anaesthesia and non-anaesthesia groups (96% and 89% respectively) to collaborate with other centres. Conclusion: To the best of our knowledge this publication provides us with the first cross-sectional survey of SBE in anaesthesia and a selection of non-anaesthetic respondents within South Africa. The majority of respondents indicate that SBE is a valuable education tool. A number of barriers have been identified that limit the growth of SBE within South Africa. It is hoped that with a commitment to ongoing SBE research and evaluation, SBE can be grown in South Africa.

scholarly journals Keeping up with change: no alternative to teaching ADR in clinic. An Australian perspective

2018 ◽  
Vol 25 (1) ◽  
pp. 35
Author(s):  
Jacqueline Weinberg
Keyword(s):  
Dispute Resolution ◽  
Clinical Education ◽  
Alternative Dispute Resolution ◽  
Legal Education ◽  
Law Students ◽  
Access To Justice ◽  
Legal Practice ◽  
Law Schools ◽  
The Cost ◽  
Client Needs

<p>Over the last 30 years alternative dispute resolution (ADR) has become more prominent in Australian legal practice due to the need to reduce the cost of access to justice and to provide more expedient and informal alternatives to litigation. As legal educators, we need to ask: how should we be preparing law students entering practice for these changes? How can we ensure that once they become lawyers, our students will not rely entirely on litigious methods to assist their clients but instead look at alternatives for dispute resolution?</p><p>In this paper, I argue that there is no alternative to teaching ADR in clinic in order to address client needs and to ensure that students engaged in clinical education are prepared for changes in legal practice today. I show that the increasing focus upon ADR in Australian legal practice represents a challenge for law schools, and that legal educators need to ensure they are educating students about ADR.</p><p>I argue that it is important to determine whether ADR is being taught to students undertaking clinical legal education in ways that will enhance their preparation for legal practice. I will show that there is a need to explore: whether ADR is being taught within clinical legal education, the strengths and weaknesses of existing approaches, and how the teaching of ADR within clinics can be improved.</p>

scholarly journals Sense (Scents) of South Africa

1999 ◽  
Vol 55 (1) ◽  
pp. 3-5
Author(s):  
Katherine F. Shepard
Keyword(s):  
South Africa ◽  
Health Care ◽  
South African ◽  
Health Care Facilities ◽  
Speech Pathology ◽  
African Society ◽  
South African Society ◽  
Care Facilities ◽  
The University ◽  
Physiotherapy Education

This paper presents a brief description of some of the author’s perceptions of the land, of physiotherapy education and practice and of the struggle of the nation of South Africa acquired during a 4 week visit in late spring 1997. One week was spent in Cape Town participating in several venues at the International Congress of the South African Society of Physiotherapy. Three weeks were spent at the University of the Witswatersrand in Johannesburg presenting a course in qualitative research to health care colleagues representing the disciplines of physical therapy, occupational therapy, speech pathology and occupational health. During the time in Johannesburg several health care facilities were visited including Baragwanath Hospital, Natal Hospital and the Wits Rural Facility and Tinswalo Hospital at Acornhoek.

scholarly journals Interpreting the Bible in the 'new' South Africa: Remarks on some problems and challenges

1997 ◽  
Vol 53 (3) ◽  
Author(s):  
D. J. Human
Keyword(s):  
South Africa ◽  
South African ◽  
New South ◽  
Biblical Studies ◽  
Biblical Hermeneutics ◽  
Christian Community ◽  
South African Society ◽  
The Bible ◽  
University Of Pretoria ◽  
Interpretation Process

Interpreting the Bible in the 'new' South Africa DJ Human Department of Biblical Studies (Sec B) University of Pretoria The Bible plays an important role in South African society. The interpretation of this book within or outside the Christian community has become an increaslingly major source of debate. It has been used and misused in several spheres of society. This article does not intend providing an extensive and composite picture of the problems and character of biblical hermeneutics. Nor will it attempt to elaborate on or explain the origins, development and influences of all the different her-meneutical approaches. Rather, it poses to be an introduction to a few of the problem(s) encountered in the attempt to understand the Bible, especially in terms of the 'new' South Africa. Within the framework of this scope, remarks will be made regarding the challenges involved in interpreting the Bible, the role of the interpreter in the interpretation process, the varied forms of literature to be found in Scripture, and in the last instance, to take cognisance of a few methodological approaches to the text analysis of the Bible.

scholarly journals ‘A Sentimental Attachment to the Neighbourhood’: African Christians and Land Claims in South Africa

Itinerario ◽  
2003 ◽  
Vol 27 (3-4) ◽  
pp. 243-262 ◽  
Author(s):  
Deborah James ◽  
Geoffrey Nkadimeng
Keyword(s):  
South Africa ◽  
Social Class ◽  
Cultural Identity ◽  
South African ◽  
Ethnic Difference ◽  
Land Claims ◽  
African Society ◽  
South African Society ◽  
Local Construction

As part of its attempt to understand ‘an apartheid of souls’, this volume is concerned to show how mission activity, particularly that of European-based churches with close links to the expansion of Dutch/Calvinist influence, may have nurtured the local construction of race or ethnic difference in Indonesian and South African society. One well-known account of Christianity in South Africa shows how the interaction between mission and missionised produced a sharply dichotomised sense - experienced by the Tshidi Tswana as the contrast between setsivana and segoa - of difference between indigenous and imported culture. While this shows how processes devoted to undermining it may paradoxically strengthen a sense of cultural identity, what it does not yield is a sense of how Christianity, appropriated within Tswana and other African societies, furnished a means of marking internal distinctions of social class, dovetailing in unexpected ways with ethnic difference. It is such divisions - potently fusing class with ethnicity and having crucial implications for the ownership, reclaiming, and use of land - with which the present paper is concerned.

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