Unisa Press Journals (University of South Africa)
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The Right to Basic Education for Children with Disabilities: South Africa’s Quest for an Inclusive Education System
No full textThis article highlights the urgent need to move away from policy aspirations towards an Act of Parliament tailored explicitly for inclusive education in South Africa. The right to basic education is guaranteed for everyone, including children with disabilities. The nature and context of this right is inclusive, and South Africa has alluded to this through policy. South Africa is a member state of various legally binding international law instruments that recognise inclusive education as a fundamental human right, which the government must realise, respect, protect and promote through legislative and other appropriate measures. In light of the above, the paper argues that the time of keeping inclusive education as a policy aspiration has long passed. There is a need for a defined legislative framework to bridge the gap between policy aspirations and the actual realities of children with disabilities. A legislative framework will foster accountability and define consequences for the persistent exclusion of children with disabilities from the education system. International, regional and constitutional law provide the basis within which legislative measures can be taken on inclusive education
Thirty Years into Democracy: Achieving Substantive Equality in the South African Legal Profession Through Addressing the Social Reproduction of Inequality
No full textIt is globally recognised that diversity and cultural competence in the legal profession is imperative to eliminating inequality and ensuring the representation of disadvantaged groups. The last three decades have seen a significant increase in the representation of women and ‘Blacks’ entering the legal profession. However, despite legislative and policy change to drive transformation, the hierarchy of the South African legal profession remains dominated by ‘Whites’ and men. The inequality in demographic representation intensifies as one considers the more prestigious disciplines and particularly at the partnership level, where women and ‘Blacks’ remain remarkably marginalised. This paper critically presents the complex and nuanced ways in which systemic inequality and marginalisation maintains itself in the legal profession. The study conducted qualitative interviews with 27 women attorneys across three commercial law firms in Cape Town and Johannesburg. The research was informed by Bourdieu’s theory of habitus, field and cultural capital to illuminate the informal, invisible and hidden ways in which inequality and marginalisation persist within the profession. The analysis illustrates the materiality of historical ‘White’ middle-class ideals and how the social reproduction of disadvantage for ‘Black’ women in the profession manifests, thus negating the ideals of democracy and transformation. Continued efforts to improve diversity, inclusion and equity in the profession are vital to ensure that fairness, unbiasedness and transparency, the hallmarks of the law as a discipline, are truly reflected within the organisational culture and structure of the South African legal profession
Exploring Biodiversity Conflict as a Result of Conservation Practices and Private Property on Local and Indigenous Communities’ Land Tenure Rights
No full textStructural inequalities in land tenure rights persist today alongside, and in competition with, private ownership and public interest concerns that seek to protect vested economic interests like infrastructure development, agricultural expansion, conservation, and tourism. The conservation of biodiversity ecosystems is essential for ecological integrity and sustainable development. Yet, biodiversity conflicts can cause conservation goals to fail, if social justice interests like the informal land tenure rights of local and indigenous communities are disregarded. This article critically discusses the biodiversity conflict between conservation interests and the informal land tenure rights of local communities and indigenous peoples, focusing on their continued access to and benefit from natural resources. It examines how overlapping private property laws and socioeconomic imperatives for equitable resource use and secure land tenure, contribute to conflicts in South Africa’s protected areas. The article highlights the historical origins of biodiversity conflicts that are rooted in colonial-apartheid laws that orchestrated the dispossession of land tenure rights and structural exclusion of previously disadvantaged persons from participation in, and benefit from, economic opportunities derived from their land. We use the Berg River Estuary to contextualise the interdisciplinary and intersecting rights-based party interests that give rise to biodiversity conflicts. We argue in favour of the recognition of informal land tenure rights, the participation of diverse stakeholders in conservation and resource management, and the distribution of power towards local and indigenous peoples’ interests. We caution that not doing so can result in a secondary dispossession of local and indigenous peoples’ right to security of tenure
Examining the Requirement of Habitability under the South African Landlord-Tenant Framework
No full textThere are three rental housing sectors in South Africa, namely the private, the public, and the social sector. The private sector comprises the landlord–tenant relationship between purely private parties. The public sector comprises a rental relationship between low-income tenants and the state as public landlord, and the social sector comprises a rental relationship between lower-income tenants and state-subsidised landlords. Private residential housing is regulated by the Rental Housing Act 50 of 1999 (RHA) and the common law. In terms of the common law, a landlord is obliged to place and maintain the property in a condition that is reasonably fit for the purpose for which it was rented. The RHA is pending an amendment, which will expressly alter the common law and include the requirement of habitability in the landlord-tenant framework. In terms of the Rental Housing Amendment Act 35 of 2014 (RHAA), private-sector landlords will be required to provide tenants with a habitable dwelling and maintain the existing structure of such a dwelling in a habitable condition for the duration of the lease. “Habitability” in the RHAA refers to a dwelling that is safe and suitable to live in and has adequate space, protection from the elements and other threats to health, ensures the physical safety of the tenant, the tenant’s household and visitors, and is structurally sound. The RHAA defines “maintenance” as including such repairs and upkeep as may be required to ensure that a dwelling is in a habitable condition. Conversely, public residential housing does not fall under the ambit of the RHA, but it is regulated under a different framework, the National Housing Code of 2009 (NHC), while social rental housing is regulated under the Social Housing Act 16 of 2008 (SHA). The research problem is that the NHC and SHA are not currently housed under the ambit of the RHA. Accordingly, this article aims to investigate where the NHC and SHA fit into the South African landlord-tenant framework, as regards the requirement of habitability. It is important to explore the concept of habitability so as to paint a coherent, complete picture and delineate the scope of what constitutes habitability in respect of tenants’ rights in all three rental sectors
Assurance of Information Confidentiality to Ensure Patient Trust in Tshwane Healthcare Centres, South Africa: N/A
No full textHealthcare facilities in South Africa, including the Tshwane healthcare centres, face persistent challenges in protecting patient information confidentiality, a factor crucial to building and maintaining patient trust. Increasing concerns have emerged regarding the inadequate implementation of information assurance practices, which has led patients to question whether their data are handled securely. This study investigated the assurance of confidentiality as a mechanism for patient trust in selected Tshwane healthcare facilities. A quantitative, multimethod research approach was adopted, supported by qualitative methods, to enhance the credibility of the data. Data collection involved a questionnaire, interviews with unit managers, observation, and content analysis. The participants included 95 selected employees working in information and records management units. The findings show that patients were not fully assured of the safety and confidentiality of their information. Contributing factors include limited time during consultation, rushed administrative processes, and patients’ lack of awareness or interest in data confidentiality practices. Furthermore, institutions struggle to meet the key pillars of information assurance: confidentiality, integrity, and availability. Patients were found to be present but primarily driven by the urgency of receiving medical attention rather than confidence in data protection measures. The study concludes that strengthening confidentiality protocols is essential to re-establish patient trust in Tshwane healthcare centres. Institutions are encouraged to implement well-structured processes through a proposed framework. This will allow them to allocate sufficient time for patient engagement and promote awareness of information confidentiality practices
Why I Am No Longer a (Traditional) Church Historian: Towards a New Church History Dynamic
No full textHistory over centuries has been seen as the recording of past events. From Eusebius to Denis, the role of history has been to record past events for the archive by using time as the primary mode of analysis. Time, according to philosophers such as Bergson and Deleuze, is a continuous and impenetrable concept. However, philosophers like Foucault disagree. Many African ontologies reflect nature, discussions on ancestors, and land as actualities that form history. With these dynamics in mind, a decolonial and African dynamic of church history and the history of Christianity is attempted in this article. Using Foucault’s concepts of discontinuity and embodiment as well as African ontologies, this article explores and discusses new dynamics in historical methodology. Firstly, the article provides an overview of modernity and postmodernity and their effects on the discipline of history as well as Southern African historical methodology and historiography and its developments. Secondly, the article analyses Foucault’s concepts of discontinuity and embodiment, and African ontologies and their alternative modes of analysis for history. Finally, it proposes new opportunities for decolonial and Africanised storytelling within church history and/or the history of Christianity
A Comparison of Two Influential Characters of Faith with Implications for Interfaith Dialogue
No full textOngoing violence, discrimination, war and crimes against minority religious groups and women must be eradicated. Both Christianity and the Baháʼí faith are minority religions in Iran where religion and tradition (e.g., wearing of a hijab [veil]) are still the cause of violence and bloodshed. The lives of Christians in the Gaza Strip (also known simply as Gaza) are threatened by the war between Radical Islam and Judaism. Through interfaith dialogue intended to overcome stereotyping and historical grievances, religious, cultural and political open-mindedness pave the way for positive transformation. Comparative historical research showcases the shared experiences, theology, ideals and fates of two early converts from two global religions. Christianity was founded by Jesus, who proclaimed a new interpretation of the Yahwistic religion of Israel. The Babi faith was founded by the Báb, a merchant who proclaimed a new interpretation of Shia Islam in 1844. Christianity and Islam are the largest world religions with 31.11% and 24.9% of the world population, respectively, while Judaism (0,18%) and Baháʼí faith (0,07%) are minority global religions. Despite huge differences in time, place, religion and social status, the lasting impact that Paul the Apostle had and still has on Christianity and the effect that Jenab-i Táhirih had and still has on the Babi faith serve as an example of how religious historical research can find common ground as a foundation for initial interaction between members of opposing religions to stop and eradicate current conflict situations
Exploring Teaching Strategies in Open Distance and eLearning: Addressing Challenges, Embracing Innovations, and Identifying Best Practices
No full textThis conceptual article delves into the multifaceted landscape of teaching strategies within the context of open distance and e-learning (ODeL), aiming to identify challenges, explore innovations, and delineate best practices towards higher education transformation. ODeL is an educational approach that enables students to engage in their studies through online platforms. With the pervasive integration of technology in education and the growing popularity of online learning platforms, understanding effective teaching methodologies in ODeL environments is paramount. The study synthesises the best practices gleaned from successful ODeL initiatives worldwide, encompassing pedagogical strategies, learner-centred approaches, technology-enhanced strategies, and scaffolded and adaptive learning. Grounded in conceptual and theoretical arguments, this study examines the myriad challenges faced by educators in applying ODeL, including issues related to learner engagement, assessment, and the digital divide. The article reveals challenges faced by practitioners, including technological barriers, learner engagement issues, and pedagogical adaptability constraints. However, amidst these challenges, innovative strategies emerge, such as the integration of gamification elements and interactive simulations to enhance student participation and comprehension. The study recommends, among others, the need to strengthen learner support structures and leveraging research insights to promote inclusive and effective ODeL practices globally. By integrating these insights, the study offers practical guidance to educators, administrators, and policymakers seeking to enhance teaching effectiveness and optimise learning outcomes in ODeL settings. The study therefore contributes to the ongoing conversation on pedagogical innovation in ODeL and underscores the imperative for continuous adaptation and improvement in response to evolving educational landscapes
Role-Players’ Views on Asset-Based Community Development in Low-Income Communities in South Africa: A Systematic Review of the Qualitative Evidence
No full textThis article aims to present a systematic review of ten studies related to asset-based community development (ABCD). The reviewer conducted a thematic synthesis, content analysis, and meta-synthesis on qualitative evidence from studies conducted between 2007 and 2015 in low-income communities in South Africa. The main research question guiding the systematic review was: What are the role-players’ views of the impact of ABCD? Role-players—including social workers, nongovernmental organisation personnel, community members, and local leaders—generally endorse ABCD as a social and community development approach. The content analysis and meta-synthesis revealed that it is essential for implementers of ABCD approaches to go beyond raising awareness of the strengths of individuals and groups and to actively integrate these strengths into the implementation of social development programmes. In addition to strengthening implementation, ABCD requires further incorporation into social development theory and practice. Given the limited research on the long-term impact of ABCD approaches, more qualitative and quantitative research studies are needed to explore topics related to their sustainability
