1. Academic Wits Research Publications (Faculties submissions)
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Item The shift to outcomes based frameworks: key problems from a critical perspective(The Federal Institute for Adult Education (bifeb), 2011) Michael, Young; Allais, Stephanie MatselengThis paper takes a step back from the discussions and debates about qualifications frameworks per se, to think more broadly about the role of „qualifications“ in educational reform. The aims of the paper are to locate the reform of qualifications in its broader social and institutional context, to propose a way of conceptualizing the change from qualification systems as they have emerged historically to qualifications frameworks andoutcomes-based qualifications and to explore the tensions involved in the different goals that the introduction of a (National) Qualifications Framework – (N)QF will achieve. We argue that what is at stake in current reforms is the role of educational institutions in the education and training of the next generation, the balance between institution-based education and informal (in some cases work-based) learning, and the ways in which trust in qualifications is established and maintained. Our two-model analysis explores the balance between an emphasis on institutions and outcomes. This paper was written to provoke debate, and help all involved in researching qualifications frameworks to think more clearly about the issues.Item Will skills save us? Rethinking the relationships between vocational education, skills development policies, and social policy in South Africa(Elsevier, 2012-09) Allais, StephanieThis paper examines experiences with ‘skills development’ in South Africa to contribute to broader debates about ‘skills’ and the relationships between vocational education and development. Numerous policy interventions and the creation of new institutions and systems for skills development in South Africa are widely seen as having failed to lead to an increase in numbers of skilled workers. I analyze some of the underlying reasons for this by considering South African policies and systems in the light of research in developed countries. The dominant view in South African media and policy circles is that a skills shortage, coupled with an inflexible labour market, are the leading causes of unemployment. This has led to a policy preoccupation with skills as part of a ‘self-help’ agenda, alongside policies such as wage subsidies and a reduction of protective legislation for young workers, instead of collective responsibility for social welfare. Skills policies have also been part of a policy paradigm which emphasized state regulation through qualification and quality assurance reform, with very little emphasis on building provision systems and on curriculum development. The South African experience exemplifies how difficult it is to develop robust and coherent skills development in the context of inadequate social security, high levels of job insecurity, and high levels of inequalities. It also demonstrates some of the weaknesses of so-called ‘market-led’ vocational education.Item Claims vs. practicalities: lessons about using learning outcomes(2012) Allais, StephanieThe idea of learning outcomes seems to increasingly dominate education policy internationally. Many claims are made about what they can achieve, for example, in enabling comparison of qualifications across countries, improving the recognition of prior learning and improving educational quality. The claims made for the role of learning outcomes rest on the assumption that outcomes can be transparent, or that they can capture or represent the essence of what a learning programme or qualification represents. But in practice, either learning outcomes are open to dramatically different interpretations, or they derive their meaning from being embedded in a curriculum. In both instances, learning outcomes cannot play the roles that are claimed for them. I draw on insights from South Africa, where learning outcomes were a major part of curriculum and education policy reform. I suggest that outcomes cannot disclose meaning within or across disciplinary or practice boundaries. They did not enable the essence of a programme to be understood similarly enough by different stakeholders and they did not facilitate judgements about the nature and quality of education and training programmes. Learning outcomes do not carry sufficient meaning, if they are not embedded in knowledge within a curriculum or learning programme. But if they are thus embedded, they cannot play the roles claimed for them in assisting judgements to be made across curricula and learning programmes. The notion of transparency (or even, a more moderate notion of sufficient transparency) which proved unrealisable in practice is the basis of nearly all the claims made about what learning outcomes can achieve. In addition, the South African experiences demonstrated how outcomes-based approaches can distort education and training programmes, and lead to practical complexities, which are a direct consequence of the need for transparency, and its impossibility, and not (although this was probably also the case) the product of ‘poor implementation’ in South Africa.Item An exploratory perspective of student performance and access to resources(Mediterranean Center of Social and Educational Research, 2014-11-01) Papageorgiou, E; Callaghan, C.WThis research investigated the relationships between potential constraints to students’ access to technological resources and student academic performance. Longitudinal data from 2010 (n=228), 2011 (n=340) and 2012 (n=347) from South African accounting students was used to test the relationships between technological resources access and student academic performance using correlation analysis, multiple linear regression analysis and factor analysis. Access to the latest software was found to be associated with student academic performance; a ‘digital divide’ between students may influence their academic performance. This research specifically identifies certain constraints potentially associated with a ‘digital divide’ that may influence student performance.Item An exploratory perspective of student performance and access to resources(Mediterranean Center of Social and Educational Research, 2014-11-01) Papageorgiou, E; Callaghan, C.WThis research investigated the relationships between potential constraints to students’ access to technological resources and student academic performance. Longitudinal data from 2010 (n=228), 2011 (n=340) and 2012 (n=347) from South African accounting students was used to test the relationships between technological resources access and student academic performance using correlation analysis, multiple linear regression analysis and factor analysis. Access to the latest software was found to be associated with student academic performance; a ‘digital divide’ between students may influence their academic performance. This research specifically identifies certain constraints potentially associated with a ‘digital divide’ that may influence student performance.Item Developing the common law of breach of promise and universal partnerships: rights to property sharing for all cohabitants(Juta Law, 2015) Bonthuys, ElsjeThe Constitutional Court's 2005 judgment in Volks NO v Robinson' has been widely regarded as a setback for the extension of legal rights to opposite-sex cohabitants. The majority of the court held that an unmarried opposite-sex cohabitant is not a spouse under the Maintenance of Surviving Spouses Act 27 of 1990.2 According to Smith, this judgment 'effectively put paid to the judicial extension of matrimonial law to unmarried opposite-sex cohabiting life partners'Item The rule that a spouse cannot forfeit at divorce what he or she has contributed to the marriage: an argument for chance(Juta Law, 2014) Bonthuys, ElsjeUnlike other systems of family law, South African law allows parties to choose their matrimonial property system by way of antenuptial contract. Although the financial consequences of the dissolution of marriage follow broadly from the chosen matrimonial property system, certain statutory and common-law mechanisms allow for a variation from the rigours of the applicable property regime. This article concerns one of these mechanisms, namely forfeiture of benefits in terms of s 9 of the Divorce Act 70 of 1979.Item Guidelines for the approval of surrogate motherhood agreements: Ex Parte WH(Juta Law, 2013) Elsje, Bonthuys; Neil, BroedersIn 2011 the North and South Gauteng High Courts were approached to confirm surrogate motherhood agreements in accordance with the provisions of chapter 19 of the Children's Act 38 of 2005. The judgments were reported as In Re-Confirmation of Three Surrogate motherhood Agreements 2011 (6) SA22 (GSJ) and Ex parte 14FI2011 (6) SA514 (GNP). This note concerns the latter judgment.Item Cultural diversity, 'Living Law' and Women's Rights in South Africa(Cambridge University Press, 2013) Albertyn, CatherineThis chapter considers the constitutional recognition of cultural diversity, especially as it is manifest through the recognition of customary law, and its relationship to the constitutional guarantee of gender equality. As the supreme law, the South African Constitution subjects all law (customary, common, and statutory) to the rights and values of the Constitution, including the primary democratic values of dignity, equality, and freedom. This chapter rejects the idea that the Constitution provides a “liberal democratic” framework that constitutes the basis for a “top-down” universalism that tests culture and custom against irretrievably external, liberal standards. Although the Constitution is capable of this, among other, interpretations, the chapter argues that the best – and most transformative – interpretation of the constitutional text is one that enables a deep respect for cultural identity and diversity and consequent recognition of positive cultural norms and practices, while also addressing cross-cutting, intragroup inequalities, such as gender. This interpretation recognizes that transformation under the South African Constitution requires courts to address multiple and intersecting inequalities, and that culture and custom – long ossified in official law – face particular challenges in adapting to contemporary political, economic, and social conditions. Although democratic and cultural values might be rooted in different contexts, South Africa’s history of colonialism, apartheid, and political struggles, as well as its socioeconomic development, mean that there is considerable common ground within and across communities for harmonizing customary law and the Constitution.Item Judicial diversity(Juta and Co, 2014) Albertyn, CatherineA judiciary controlled entirely by whites and enforcing laws enacted by a white parliament in which Africans have no representation—laws which in most cases are passed in the face of unanimous opposition from Africans— . . . cannot be regarded as an impartial tribunal in a political trial where an African stands as an accused.