Faculty of Commerce, Law and Management (ETDs)
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Item The Role of Psychology in Legal Education: Incorporating Cognitive Science into Legal Pedagogy(University of the Witwatersrand, Johannesburg, 2024) Starosta, Paulina Dagna; du Plessis, RiettePrevailing criticisms of legal education suggest that students enter clinical programmes ill equipped to solve problems and that they leave law school without learning the lawyering competencies of effective legal practitioners. This thesis is broadly premised on the idea that exposing law students to cognitive science and basic psychology would better equip them to achieve life-long learning and to acquire enduring practical lawyering skills. Psychology – the science of how people think and behave – has a great deal to teach us about the core competencies of lawyering. People who understand how others think, feel and behave, make better lawyers, decision makers and problem-solvers. Psychologists have conducted extensive research into psychological phenomena which are integral to effective lawyering. This research can be effectively incorporated into legal pedagogy, including how we teach law students to practice law. The proposal underpinning this research is the need for an undergraduate course on how psychology operates within the law, specifically designed to make students aware of how cognitive science and psychological phenomena affect and impact on the learning and practice of law. Developmental discourse regarding legal curricula entrenches the notion that law schools teach students how to think like lawyers but not how to be lawyers. The proposed response to this criticism is that metacognition – the awareness and understanding of one’s own thought processes – and the concomitant development of higher order thinking skills is key to the development of effective legal training, but this is presently absent in South African legal curricula. This thesis posits that experiential learning should begin before a student ever steps foot into a Law Clinic or a courtroom and that the reason why students leave law school unable to truly think like lawyers is because the notion is only truly introduced to them in their final year of law school, usually in the form of a clinical or experiential learning programme. The work contained herein is premised on the idea that legal educators ought to draw on the gains made by cognitive psychologists in understanding what happens when people learn and what neuroscience has to say about how people think and to introduce this to students at a relatively early point in their legal studies. The hypothesis underpinning this research is thus, that harnessing the science of psychology and allowing it to permeate legal pedagogy would be beneficial because the processes involved in both learning and lawyering are intricately linked to innate psychological processes and responses. Thus, the proposal is for an introductory course in basic legal psychology oriented at producing graduates who can think critically and solve problems pragmatically – graduates who are able to not only think like lawyers but also vi to act like lawyers. The research is significant as it explores the viability of such a course within the LLB curriculum at the University of the Witwatersrand and considers what such a course would look like in the South African context. An undergraduate course on psychology within the law would give students a sense of understanding themselves before they try to make sense of the actions and motivations of others (like clients, judges and opponents) when they enter their clinical programme. It is my contention that currently, legal education fails to adequately bridge the gap between law and practice because students are never taught to factor in the feelings, fears, concerns and motivations of themselves or others. A course, which exposes students to their own psychological motivations, as well as those of other players in the litigation arena, would give students the context of how to approach the acquisition of skills and the competencies required to practice law in a more pragmatic manner. Chapter 1 introduces the basic premise behind the research and orients the research focus. Chapter 2 explores both the theoretical and practical criticisms of traditional legal education locally and internationally. This chapter explores the need for the development of the South African LLB degree in the context of recommendations made by the Council for Higher Education (CHE). The chapter proposes the use of cognitive learning theory to maximise law school learning by drawing on research related to metacognition and the influence of learning styles. Chapter 3 introduces the importance of psychology within the law and orients the role of psychology in legal practice in the context of skills acquisition in undergraduate study. The chapter proceeds to isolate five indispensable legal skills required of law graduates to practice law and gives insight on how psychology impacts on the acquisition and use of those skills. This chapter advocates for the need for a stand-alone course on the study of basic psychology (including metacognitive learning) to improve lawyering skills. Chapter 4 focuses on the first part of course design, namely, the values, goals and outcomes of the proposed course on psychology within the law. This chapter engages with the values which underpin the course design process, the need to focus on law as being grounded in the humanities as opposed to being viewed as a science and the ultimate exorcism of the theory- practice divide. A proposal is made for the use of the unified learning model (ULM) in the development of the proposed course and lessons from experiential learning are used to set goals and outcomes for the syllabus. Lastly, the chapter focuses on the proposed placement of the intended course within the broader LLB curriculum. Chapter 5 focuses on the course methodology, course content and assessment of the proposed course. The chapter describes numerous teaching methodologies and their implications on the choice of course design model. Lessons on proposed course content from similar courses offered in the United States of vii America (USA) and Australia are used to construct a proposed syllabus, course outline and assessment plan for the course. Essentially, this chapter constructs a hypothetical pilot course for adaptation within the undergraduate LLB curriculum based on the goals, outcomes and placement referred to in chapter 4. Chapter 6 contains concluding remarks, reflective findings and proposals for the extension of this research.Item The effect of parental education on child and adult health in Zambia: A regression discontinuity analysis(University of the Witwatersrand, Johannesburg, 2024) Daka, Lincoln; Booysen, FrederikThis thesis expands upon and enhances existing research in the field of health economics. The thesis consists of three separate yet interrelated chapters that examine the effect of education on key demographic variables: child health, fertility and HIV/AIDS in Zambia, three key factors affecting the progress of development in Africa. The endogeneity problem is present in all of the three empirical papers examined. To circumvent this endogeneity problem and establish a credible causal effect, we explore the impact of Zambia’s 2002 Universal Free Primary Education (UFPE) policy which created an exogenous source of variation in education as a quasi – experiment. The three substantial empirical studies, employ the same econometric methodology, a Regression Discontinuity Design (RDD), whose appealing feature is local randomisation. This characteristic has distinguished the method from other evaluation methods in terms of estimating unbiased treatment effects. Another advantage of the fuzzy Regression Discontinuity design is that it can account for the endogeneity of the treatment variable. The utilisation of the fuzzy Regression Discontinuity design is a valuable contribution in all of the research. Furthermore, every chapter makes a unique contribution within its respective sector. We outline Zambia’s Universal Free Primary Education (UFPE) Policy and also present the Regression Discontinuity Design methodology framework. We find significant causal impacts of maternal education on child health measured by height-for-age, weight-for-height and Weight-for- age. The findings also indicate that maternal education is associated with a reduction in the prevalence of stunting and underweight and no effect wasting contrary to other research. We present evidence of the several mechanisms by which maternal education impacts child health. The results of our study indicate that a greater level of maternal education exerts a beneficial influence on child health through the postponement of marriage, the reduction in total fertility, and the delay in the age of first childbirth and sexual debut. Additionally, we have discovered indications of positive assortative mating. Furthermore, education empowers moms by facilitating their access to information via television and newspapers, equipping them with knowledge about the ovulation time, and helping them to make well-informed decisions regarding contraceptive techniques. Conventional wisdom posits that decreased fertility may indicate the presence of “superior quality” children and increased rates of survival for both mother and child. Can education serve as a catalyst for decreasing fertility rates in developing nations? We find that female education reduces iv | P a g e the number of children ever born. We present evidence of the reduction in total fertility as a result of female education. We also show that female schooling reduces the preferred number of children and increases the age at first birth. We find that female schooling affects fertility through age at first sex and marriage, literacy, assortative mating and the knowledge effect. There is no evidence to suggest that female schooling has a major impact labour market participation. We present evidence of the heterogeneous impacts of a mother’s education based on “poor versus wealthy” criterion, whether rural/urban status, region and religion. We also present evidence of the effect of female education on the HIV seroprevalence status, number of sexual partners and knowledge of HIV transmission mechanisms. We show that female education lowers HIV seroprevalence status, decreases the number of sexual partners and increases HIV knowledge. Our research suggests that educated women are more likely to have a deep and detailed understanding of HIV. Lastly, we present evidence of the heterogeneous effects of female education by household status on HIV related outcomes.Item A review of the right to basic education, the 2020 Covid-19 related schools' shutdown, and the courts in South Africa(University of the Witwatersrand, Johannesburg, 2024) Booi, Ntombizinhle PrincessOwing to COVID-19, the South African government ordered the closure of educational facilities in the country to try and curtail the spread of the virus. At the time, no one knew the extent to which the virus had spread, its potency for the South African public, how it impacted on children and what actions the government could take, besides locking down the country. Both the government and the public were facing a pandemic of this kind for the first time. However, the closure of schools placed the educational rights of learners under a spotlight, as under the Constitution of the Republic of South Africa, 1996, basic education is a right. The closure of the schools had many consequences for the right to basic education, including that education delivery, as it was then known, had to be changed. Yet, it is reasonable to assume that many schools were ill equipped for the sudden change which could not have been foreseen. To this end, there had to be a way forward for schools, and online learning became a viable avenue for ensuring that education did not come to a standstill. Yet again, it is reasonable to assume that many schools would not have had the capacity to transition to, let alone facilitate and maintain, online learning. A preliminary conclusion then would be that COVID-19 had a direct impact on the right to education. This is only the start, however, because the next line of inquiry would be whether the decision of the state to close educational facilities through the lockdowns was reasonable, and consequently justified considering the limitation it brought to the right to education. This report concludes by examining two cases that addressed these questions.Item An examination of the legal framework for the governace of public universities in South Africa: The case of the Vaal University of Technology(University of the Witwatersrand, Johannesburg, 2024) Mahlako, Neo; Moyo, KhulekaniItem How Diversity and Inclusion May Transform South African Commercial Property Organisations at Top Management Level(University of the Witwatersrand, Johannesburg, 2017-08) Motshegare, Reabetswe Regina; Levy, DeborahThe purpose of this report is to outline contemporary transformation frameworks that emphasise diversity and inclusion and how the latter may likely transform Growthpoint Properties South Africa (Growthpoint S.A). The main focus of the consultancy report is to compare and contrast traditional transformation methodologies and contemporary diversity and inclusion methodologies as strategies to assist Growthpoint S.A transform its senior and executive management. The propositions are that; an effective transformation strategy for Growthpoint S.A is one that focuses on identification; inclusion; attraction; diversification and retention of key talent at senior levels. Furthermore, that once diversity and inclusion interventions are implemented, there will be transformation at senior and executive levels. Out of 15 executives in the management team, six representatives were interviewed. The limitations highlight that the majority of participants are South African and may have certain biased perceptions about the topic as opposed to the rest of the participants, who are foreign nationals. The methodology focuses on a thematic analysis and four themes namely: leadership; corporate culture; strategies and communication are identified. Following in-depth discussions, six recommendations are provided. These include 360-degree feedback; diversity and inclusion workshops; introduction of a diversity and inclusion forum; KPI’s that measure diversity and inclusion targets; workplace enhancement programmes that focus on diverse candidates and lastly, robust succession plans. The role of the researcher as a professional Human Resource Business Partner ensured that any work dealt with is approached ethically, and the researcher’s ability to do this ensured quality, reliability, validity and effectiveness of the research.Item Financial inclusion in South Africa: An analysis of the financial sector regulatory framework and proposals for reform(2018-09) Duma, Amanda; Kawadza, HerbertAbstract Not Available.Item Customer retention strategies for the prepaid mobile telecommunications sector in South Africa(University of the Witwatersrand, Johannesburg, 2010) Flynn, Teresa; Peters, MarkThis study will propose ways in which companies can focus retention strategies in the local prepaid mobile telecommunications sector. Currently there is little academic literature on this topic, even though in-house marketing research has been done by the operators. The purpose of this research is to investigate the customer retention strategies in the prepaid mobile telecommunications sector in South Africa. This will be done by triangulation of what consumers believe is important in their retention, what the organisations deem as paramount, and what retention experts state are the motivators of retention. Data was collected using both a survey questionnaire for consumers, and through face to face interviews with marketing management at mobile telecommunications operators, as well as independent expert consultants on the topic of customer retention. The findings from this study were that the consumers want to keep the same cell phone number as it is part of their identity. The customer looks at the total offering when considering pricing, and not just certain costs, and prefers a prepaid model as spending is controlled in this manner. Both consumers and management agree that rewards and loyalty programs are seen as a value add, especially where they offer instant gratification. A reliable product is necessary for a consumer to stay with the company, as is accessibility to support and other products. Management realises that the total customer experience across all touch points is a retention enabler, with one really bad experience being enough cause for a customer to churn. The consumer survey indicated that customer service is a driver that all market players need to improve on. An organisation's brand allows a consumer to identify with the firm, and is more a pull factor than a push factor, unless it is perceived as dishonest or unethical. The only time a consumer's demographics came into play regarding customer behaviour was age making a difference was when using a cell phone to access the internet -older age brackets use it sparingly if at all. Although other value added services such as SMS and MMS are used across the board. Companies model consumer behaviour, and base it on data from previous churners to identify possible churners. Of these, only profitable churners are then recognised for retention campaigns. Retention campaigns are measured for success. The prepaid market makes up 80% of the mobile telecommunications market in South Africa, and the revenue they contribute is approximately 35% of the total. Therefore this customer base should not be neglected or ignored. Due to the demographics of emerging markets, prepaid offerings are the way of the future. The research paper finishes with several recommendations on how to enrich customer retention strategies for the prepaid mobile communication market.Item The Political Economy of Energy Regulation in the Coal Mining Industry of Emalahleni(University of the Witwatersrand, Johannesburg, 2023-06) Selebi, Elton Jimmy; Matshabaphala, ManamelaThis study explores the perspectives on the political economy of energy regulation in the coal mining industry of Emalahleni. It seeks to discuss whether there are adequate steps within the political and economic sphere that regulates the efficient supply of electricity. The goals of this study are to ascertain the extent of regulation and policy formulation in the coal mining business in Emalahleni, South Africa; examine the reasons for decision-makers’ inaction in promoting a sustainable energy transition in Emalahleni, South Africa, and to identify political channels and platforms that can garner public and/or political support to speed the region's transition to sustainable energy. This research draws upon theoretical discussions centred on the following: The Agency Theory, Classical Political Economy, Keynesian Economics, and the Political Theory of Governance. Informed by an interpretivist paradigm, the qualitative research approach will be employed to explore the political economy of energy regulation within the study area. A non-probability sampling approach through the use of judgemental sampling was used to select the research participants, and the research method utilised interviews through the distribution of a questionnaire. A sample size of 20 comprised individuals from mining organisations in Emalahleni, Department of Mineral Resources and Energy Officials, CGS, Petroleum Agency SA, COSATU, and the Department of Trade Industry and Competition. The study noted that the political system has an impact on the energy and coal regulation markets at Emalahleni. It is recommended that an efficient energy resource policy and local governance are required to address the challenges of increased energy demand and pollution in South Africa.Item Motivations for alumni gifting to their alma mater in two South African universities(University of the Witwatersrand, Johannesburg, 2024) Nemakhavhani, Kesaobaka Dephney; Mati, Jacob MwathiThere is a growing expectation that South African universities should actively seek new income streams, one of these being alumni gifts. However, there is insufficient understanding of what motivates alumni to give to their alma mater. Guided by social identity theory, this study investigated the motivations for alumni gifting to contribute to the knowledge that could assist South African universities in developing evidence- based resource mobilisation strategies that incorporate alumni gifting. The study applied a quantitative research methodology – specifically a survey – in examining variables that motivate alumni gifting at two South African universities. Particularly, the study sought alumni views, opinions, attitudes and behaviours to test whether the social identity ethos of Ubuntu guides alumni gifting in two South African universities. The study found that while gender, social identity, convenience, and social responsibility in the form of active citizenship are important factors explaining the future intention to give, solicitation is the strongest predictor for alumni gifting to their alma mater in the two South African universities. Furthermore, the findings suggest that alumni, in their capacity as active citizens, exhibit a heightened sense of social responsibility which influences their gifting behaviour. The findings of this study are important for South African universities. Universities may consider implementing some recommendations to boost their fundraising appeals to their alumni. Based on the study results, the development and alumni practitioners could garner alumni support by strengthening their solicitation plan and implementing convenient systems and processes for alumni gifting. In addition, segmenting potential alumni donors by gender could help universities better target their solicitation efforts. Universities could further consider implementing social impact programmes that capacitate their students (pre-alumni) to be active citizens pre- and post-graduation. This suggests that alumni's past experience as students may impact their future intention to give. Future research can expand on this topic and other African gifting practices and behavioursItem Investigation of the Adoption and Implementation of the e-Education Policy in the Gauteng Provincial Government(University of the Witwatersrand, Johannesburg, 2023) Mulaudzi, Rofhiwa; Karuri-Sebina, GeciSeveral studies have shown that school leadership plays an important role in the implementation and adoption of ICT policies in schools by creating and aligning the school vision with the policy objectives and leading change in the school. In South Africa, and Gauteng in particular, it has been found that ICT plays an important role in improving learner performance and enhancing changes in the methods of teaching and learning. It has also been evident that school leaders face different challenges during the implementation and adoption of ICT policies, such as lack of resources, bureaucracy, and resistance from the staff. The purpose of this study is therefore to investigate the adoption and implementation of the White Paper on e-Education policy in the context of teaching and learning. A qualitative approach, and in particular, the phenomenology qualitative research design, was used in this study in order to investigate the experiences of school leaders in relation to the adoption and implementation of the White Paper on e-Education within secondary schools in Gauteng province. Twenty-one school leaders were selected through convenience and purposeful non-probability sampling and requested to participate in the study. Data was collected using semi-structured interviews and analysed using the qualitative content analysis method. The following themes emerged from the study: a) participants' knowledge and understanding of the e-Education policy and application of the framework in achieving the policy goals; b) roles of participants in implementing and adopting the policy; c) school leaders’ attitude towards the policy; d) challenges faced by school leaders. The findings revealed that leaders are responsible for creating and aligning the vision of the school with policy objectives and also leading change in schools. The findings further suggested that school leaders have a common understanding of the policy and their roles in implementing and adopting it; however, they are poorly equipped for the task of implementing and adopting national policies. The study concluded by making recommendations including consideration being given to including school leadership in policy formulation processes and other stages of policy formulation and implementation in order to improve their knowledge and understanding