1. Academic Wits Research Publications (Faculties submissions)
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Item Education service delivery: the disastrous case of outcomes-based qualifications frameworks(SAGE Publications, 2007) Allais, Stephanie MatselengInternational trends towards outcomes-based qualifications frameworks as the drivers of educational reform fi t in well with trends in service delivery and public sector reform. Education reform in South Africa provides a particularly interesting case study of this phenomenon, because of the very comprehensive outcomes-based national qualifications framework that was implemented shortly after the transition to democracy. Problems with the framework as a basis for education reform became rapidly apparent, and the system is now deadlocked in a series of unresolved policy reviews. A key to understanding this collapse is the role of knowledge in relation to education. The outcomes based qualification framework approach turns out to have very little to do with education, and in fact to have the potential to increase educational inequalities, particularly in poor countries.Item Why the South African NQF failed: lessons for countries wanting to introduce national qualifications frameworks(Blackwell Publishing Ltd, 2007) Allais, Stephanie MatselengThis article examines the South African National Qualifications Framework as a case study of a particular approach to the design of qualifications frameworks, which revolves around the specification of learning outcomes separate from educational institutions or programmes. It shows how an outcomes-led qualifications framework was seen as a desirable policy intervention by educationalists and reformers across the political spectrum, as outcomes were thought to be a mechanism for improving the quality and quantity of education as well as its relevance to the economy and society, for increasing access to education, and for democratising education. All these claims are based on the idea that outcomes statements are transparent. The article demonstrates that outcomes-based qualifications cannot provide the clear, unambiguous, and explicit statements of competence that would be required for everyone to know what it is that the bearer of a qualification can do. This lack of transparency leads to a further specification of outcomes. This in turn leads to a downward spiral of specification, which never reaches transparency, and an upward spiral of regulations, which is also caught in the logical problem of the downward spiral of specification. This model is not just unnecessary, but could in fact undermine the provision of education. The article suggests that while this type of model appears attractive particularly to poor countries, it is in these countries that it is likely to do the most damage.Item Substantive equality and transformation in South Africa(Juta and Co, 2007) Albertyn, CatherineThis article considers whether ‘substantive equality’, as a transformative idea and legal mechanism in the South African Constitution, can generate legal solutions and court decisions that may result in transformative change. It does so by establishing a framework for analysing the ‘inclusionary’ or ‘transformatory’ effects of equality cases in relation to gender and sexual orientation. It argues that the idea of substantive equality is capable of addressing diverse forms of social and economic inequality, and that the legal form of substantive equality adopted by the Constitutional Court, emphasising context, impact, difference and values, has some potential for achieving meaningful social and economic change by and through courts. However, the manner is which the Court has engaged with this legal form suggests that the transformative possibilities of equality are constrained by a number of factors. These include institutional concerns, the capacity and willingness of judges to recognise and address the multiple systemic inequalities that still pervade our society as well as their ability to develop a consistently transformative jurisprudence that applies the ideas of substantive equality to the concepts and doctrines that underpin many equality claims.Item Open justice and beyond: Independent Newspapers v Minister for Intelligence Services: In re Masetlha(Juta, 2009) Klaaren, JonathanNotes on a constitutional court decision within the context of national security and openness.Item ‘Race’, social transformation and redress in the South African social and health sciences(Unisa Press, 2006) Bowman, BrettItem Data to action: An overview of crime, violence and injury in South Africa(Medical Research Council, 2008) Suffla, Shahnaaz; Van Niekerk, Ashley; Bowman, Brett; Matzopoulos, RichardItem Judicial independence and the Constitution Fourteenth Amendment Bill(Juta, 2006) Albertyn, CatherineDiscussion of judicial independence and the Constitution Fourteenth Amendment BillItem Indirect horizontal application of the right to have access to health care services(Juta, 2007) Pieterse, MariusApart from their direct application against the state, the justiciability of socio-economic rights also requires the transformation of those aspects of private law that regulate relationships which are crucial for their effective enjoyment. This is acknowledged by the Constitution of the Republic of South Africa, 1996, which determines that rights may sometimes bind private parties and requires courts to develop the common law in accordance with the spirit, purport and objects of the rights in the Bill of Rights.Item Judicial independence and the Constitution Fourteenth Amendment Bill(Juta, 2006) Albertyn, CatherineItem Indirect horizontal application of the right to have access to health care services(Juta, 2007) Pieterse, MariusApart from their direct application against the state, the justiciability of socio-economic rights also requires the transformation of those aspects of private law that regulate relationships which are crucial for their effective enjoyment. This is acknowledged by the Constitution of the Republic of South Africa, 1996, which determines that rights may sometimes bind private parties and requires courts to develop the common law in accordance with spirit, purport and objects of the rights in the Bill of Rights.