2018 Edition 4

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3 May 2018 | Volume 77 | Edition 4

The State of UCT’s Law Programme VARSITY investigates UCT’s law department in light of the upcoming deadline to submit an improvement plan

Image By Thapelo Masebe

By Ntombi Khulu

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t the end of 2017, South Africa’s Council on Higher Education announced three universities whose law qualification accreditations could be withdrawn. The universities in question are the University of Limpopo, the University of Zululand and the University of Cape Town. The news created quite a stir, especially in the midst of the Fees Must Fall protests at the end of 2017. On the 15th of November 2017, the Council on Higher Education, otherwise known as the CHE, served UCT with a “notice of withdrawal of accreditation” of their law programme. The CHE created a National Standard for the Bachelor of Law (LLB) programme, where institutions had to evaluate and assess key concerns in their law programmes and provide adequate plans of improvement that would be submitted to the Council. These key concerns included the coordination of the courses offered across the programme as well as the inclusion of a broader focus on transformative constitutionalism as part of the LLB programme and in the contents of its courses.

The university was given until May 2018 to provide a comprehensive plan of improvement regarding its LLB programme Transformative constitutionalism describes the nature of South Africa’s post-apartheid democratic constitution and how transformation has occurred regarding South Africa’s judicial system. In institutions, it is meant to aid socially and economically disadvantaged students in their studies. Students from these disadvantaged backgrounds often feel ostracised in the four-year Extended Curriculum Programme, which was set up in order to aid them. On the 24th of November 2017, the Dean of the Faculty of Law released an open letter regarding the law programme. Professor Penelope Andrews’ open letter recognised the faculty’s failure to improve the number of students who graduated through the extended degree programme, with only 47% of those students earning an LLB degree. Professor Andrews stated that the stigmas Extended Degree Programme (EDP) students face are as a result, “of the wholly inadequate education standards provided in government

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schools.” An anonymous source informed VARSITY that Professor Andrews would be resigning from her position as Dean of the Faculty of Law this year but this is yet to be confirmed. Professor Andrews as well as the LSE (Law Students Council) were also contacted but VARSITY recieved no response. With these key concerns, the university had to submit an improvement plan to the CHE timeously. Failure to do so would result in UCT possibly losing its accreditation of their LLB programme. UCT’s Communications and Marketing Department has stated that UCT has submitted its plan of improvement regarding these key concerns. They are also working closely with the CHE in order to complete the process of the CHE’s LLB accreditation.

61% of black and 57% of white Bachelor of Law graduates have been employed by the time they had received their degrees The improvement plan UCT previously submitted did not provide adequate solutions to the key concerns, which resulted in the CHE issuing the notice of withdrawal. The university was given until May 2018 to provide

a comprehensive plan of improvement regarding its LLB programme of which the CHE would review and report on the subsequent status of UCT’s law accreditation. The main concern regarding the changes that need to be reviewed by the university as indicated by the CHE is its transformation and inclusivity in UCT’s law programme. Since the Fees Must Fall movements began in 2015, UCT’s law programme has been heavily criticised regarding the numbers of black students that are enrolled in the law programme and the number of black students who have graduated with a BA Law degree. In the open letter, Professor Andrews stated how 61% of black and 57% of white Bachelor of Law graduates have been employed by the time they had received their degrees. While these statistics are promising, the realities of black students studying towards a Bachelor of Law degree at UCT reiterates the programme’s need for social and economic transformation. But a 3rd year combined stream student told VARSITY that they don’t think that students know what is happening. “We’re all really uncertain about how exactly transformation is supposed to take place,” they say. With the controversy surrounding the UCT’s law programme’s status as a notice of withdrawal there has been much worry and concern. A

sentiment felt by the students who are currently enrolled in the Bachelor of Law programme as well as those students who are hoping to apply to the programme in the future. Nombuso Shabalala, UCT’s media liaison, has stated how “UCT firmly believes that future applicants should not be concerned” with regards to UCT’s law programme being issued a notice of withdrawal. She reassures further how a number of management structures have been put in place and how within the law faculty there are ongoing discussions and initiatives to improve course content and teaching methods.

47% of Extended Degree students pass the 5-year course UCT’s Bachelor of Law programme has been considered as one of the top law programmes in the country, but not without its faults. Economic and racial transformation is an issue that has plagued the law faculty and is one that the CHE believes has not been effectively tackled by the university. The CHE’s decision to place a notice of withdrawal on UCT is one that may allow the UCT community to see tangible change in the Faculty of Law.


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