Rationalisation of magisterial districts to transform the judiciary and widen access to justice under the RSA constitution of 1996
- Authors: Skosana, Jacob
- Date: 2024-01
- Subjects: Justice, Administration of , Law and socialism , Human rights -- South Africa
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/28162 , vital:72777
- Description: The study examines how pre-1994 magisterial districts jurisdictions denied access to justice to many South Africans, and ongoing efforts to reverse this injustice. Delayed rationalisation of the judiciary and reform of the courts territorial jurisdiction during the apartheid era exacerbated the problem. The courts administered justice along spatial racial divide, and given the location of the courts, many black communities had to commute long distances to access justice and at a great cost and inconvenience. The Constitution of South Africa of 1996 provides not only for the right to equality before the law and equal protection and benefit of the law but also the right to access the courts and seek recourse. In a period spanning eight years from December 2014, new magisterial districts were proclaimed in all the nine provinces of South Africa. Despite this milestone and the imperative of the 1996 Constitution, the rationalisation process is still in its infancy: old legislation and judicial structures remain intact; divisions of the High Court continue to exercise jurisdictions determined for the pre-1994 constitutional dispensation. The status quo continues to perpetuate the denial of access to justice to communities especially those living in areas that hitherto formed part of the former homelands and self-governing ‘states’. The study was conducted through a desktop survey of primary and secondary material relevant to the rationalisation process. It drew lessons from the re-demarcation of municipal boundaries which, like magisterial districts, were based on racial laws and policies of the past. It also contrasted rationalisation principles in comparable jurisdictions. The findings provide a useful contribution to the ongoing effort to effect rationalisation of the court system. They also contribute to knowledge and enriches our understanding of the relationship that underpins the administration of justice in a dispensation driven by democratic, human rights and constitutional ethos. , Thesis (PhD (LLD)) -- Faculty of Law, 2024
- Full Text:
- Date Issued: 2024-01
- Authors: Skosana, Jacob
- Date: 2024-01
- Subjects: Justice, Administration of , Law and socialism , Human rights -- South Africa
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/28162 , vital:72777
- Description: The study examines how pre-1994 magisterial districts jurisdictions denied access to justice to many South Africans, and ongoing efforts to reverse this injustice. Delayed rationalisation of the judiciary and reform of the courts territorial jurisdiction during the apartheid era exacerbated the problem. The courts administered justice along spatial racial divide, and given the location of the courts, many black communities had to commute long distances to access justice and at a great cost and inconvenience. The Constitution of South Africa of 1996 provides not only for the right to equality before the law and equal protection and benefit of the law but also the right to access the courts and seek recourse. In a period spanning eight years from December 2014, new magisterial districts were proclaimed in all the nine provinces of South Africa. Despite this milestone and the imperative of the 1996 Constitution, the rationalisation process is still in its infancy: old legislation and judicial structures remain intact; divisions of the High Court continue to exercise jurisdictions determined for the pre-1994 constitutional dispensation. The status quo continues to perpetuate the denial of access to justice to communities especially those living in areas that hitherto formed part of the former homelands and self-governing ‘states’. The study was conducted through a desktop survey of primary and secondary material relevant to the rationalisation process. It drew lessons from the re-demarcation of municipal boundaries which, like magisterial districts, were based on racial laws and policies of the past. It also contrasted rationalisation principles in comparable jurisdictions. The findings provide a useful contribution to the ongoing effort to effect rationalisation of the court system. They also contribute to knowledge and enriches our understanding of the relationship that underpins the administration of justice in a dispensation driven by democratic, human rights and constitutional ethos. , Thesis (PhD (LLD)) -- Faculty of Law, 2024
- Full Text:
- Date Issued: 2024-01
Enablements and constraints of articulation arrangements and agreements between technical and vocational education and training colleges and one Comprehensive University in the Eastern Cape, South Africa
- Mantashe, Lunga Xolisa https://orcid.org/0000-0003-1711-8358
- Authors: Mantashe, Lunga Xolisa https://orcid.org/0000-0003-1711-8358
- Date: 2020-01
- Subjects: Articulation (Education) , Technical education , Vocational education
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/21624 , vital:51736
- Description: This study explored enablements and constraints of Articulation Arrangements and Agreements (AAAs) between Technical and Vocational Education and Training Colleges (TVETs) and one Comprehensive University (CU) in the Eastern Cape, South Africa. The constructs of structure, culture, and agency as propounded by Margaret Archer were employed as the theoretical lens of the study. Each of Archer’s constructs is independent and their dynamic interplay has causal influence on whether AAAs are facilitated or hindered. A qualitative single embedded case study design was applied, owing to the interpretivist paradigm the research chose. To this end, seven participants were purposively chosen and interviewed, and two university documents were analyzed, namely the draft University Articulation Guidelines (UAGs) and the university general prospectus. It was found that there were no formal, written, or even verbal TVET-CU agreements. Articulation happened on an ad hoc basis. The change of role-players in the institutional role array played a role in the non-existence and collapse of AAAs. On admissions, challenges included disparate requirements between National Senior Certificate and National Certificate Vocational. Nevertheless, articulation-enabling practices manifested themselves in the credit transfer decisions of participants. However, the Work Integrated Learning (WIL) component of a TVET national diploma programme enjoyed no parity with non-TVET and university cosrordinated experiential learning in some departments. In addition, there were nuanced views over the (inherent) value of WIL which affected its ultimate treatment. Finally, the study found that though TVET-university national diploma programmes were somewhat similar and enabled AAAs, they were still misaligned at the level of design and interface, resulting in duplication of content, waste of time, and state resources. The university also did not have TVET programmes in mind in the design and review of programmes. The researcher deduced a conceptual framework for understanding and explaining how and why TVET-university AAAs succeed or fail. The framework touts the importance of having knowledgeable, articulation- cultured and acculturated leadership and officials (responsible for admissions, credit transfer, and RPL) as crucial for exploiting structural enablements and creatively circumventing inherent structural constraints, including challenging subtle ideas which may wittingly or unwittingly harbor views of TVET programmes as inferior. To this end, it is suggested that there be an establishment of an articulation office to coordinate AAAs that take a form of a hybrid model whereby there would be a combination of multilateral, direct in-house, and franchise TVET-CCU AAAs. The framework should also resolve programme design alignment issues by incorporating CAT and RPL principles, including other articulation instruments during curriculum analysis. RPL should equally be applied in the treatment of TVET WIL. , Thesis (PhD) -- Faculty of Education, 2020
- Full Text:
- Date Issued: 2020-01
- Authors: Mantashe, Lunga Xolisa https://orcid.org/0000-0003-1711-8358
- Date: 2020-01
- Subjects: Articulation (Education) , Technical education , Vocational education
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/21624 , vital:51736
- Description: This study explored enablements and constraints of Articulation Arrangements and Agreements (AAAs) between Technical and Vocational Education and Training Colleges (TVETs) and one Comprehensive University (CU) in the Eastern Cape, South Africa. The constructs of structure, culture, and agency as propounded by Margaret Archer were employed as the theoretical lens of the study. Each of Archer’s constructs is independent and their dynamic interplay has causal influence on whether AAAs are facilitated or hindered. A qualitative single embedded case study design was applied, owing to the interpretivist paradigm the research chose. To this end, seven participants were purposively chosen and interviewed, and two university documents were analyzed, namely the draft University Articulation Guidelines (UAGs) and the university general prospectus. It was found that there were no formal, written, or even verbal TVET-CU agreements. Articulation happened on an ad hoc basis. The change of role-players in the institutional role array played a role in the non-existence and collapse of AAAs. On admissions, challenges included disparate requirements between National Senior Certificate and National Certificate Vocational. Nevertheless, articulation-enabling practices manifested themselves in the credit transfer decisions of participants. However, the Work Integrated Learning (WIL) component of a TVET national diploma programme enjoyed no parity with non-TVET and university cosrordinated experiential learning in some departments. In addition, there were nuanced views over the (inherent) value of WIL which affected its ultimate treatment. Finally, the study found that though TVET-university national diploma programmes were somewhat similar and enabled AAAs, they were still misaligned at the level of design and interface, resulting in duplication of content, waste of time, and state resources. The university also did not have TVET programmes in mind in the design and review of programmes. The researcher deduced a conceptual framework for understanding and explaining how and why TVET-university AAAs succeed or fail. The framework touts the importance of having knowledgeable, articulation- cultured and acculturated leadership and officials (responsible for admissions, credit transfer, and RPL) as crucial for exploiting structural enablements and creatively circumventing inherent structural constraints, including challenging subtle ideas which may wittingly or unwittingly harbor views of TVET programmes as inferior. To this end, it is suggested that there be an establishment of an articulation office to coordinate AAAs that take a form of a hybrid model whereby there would be a combination of multilateral, direct in-house, and franchise TVET-CCU AAAs. The framework should also resolve programme design alignment issues by incorporating CAT and RPL principles, including other articulation instruments during curriculum analysis. RPL should equally be applied in the treatment of TVET WIL. , Thesis (PhD) -- Faculty of Education, 2020
- Full Text:
- Date Issued: 2020-01
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