Law department

The Role of Research in Policy and Practice Review

In yesterdays opening speech of the Universities Faculty of Commerce, Administration and Law - Annual Conference, Dr Witness Simbanegavi of the National Treasury, described the role of research as “one providing a base for thought leadership and a meaningful policy brief to those considering policy decisions”.

This introductory research is generally focused, both internally and externally, in a broad attempt to define the existing state of the Law Department. I would welcome specific areas of interest for further exploration at the instruction of the Law Review Committee.

LAW REVIEW COMMITTEE STATED GOAL

“To establish the requirements of overhaul and realignment of the Law Program for the establishment of an efficient, well resourced and internationally benchmarked law school”.

RESEARCH STATEMENT

To provide leadership with an accurate empirical framework of change upon which the following may be based.

•Strategic proposition of the proposed Faculty of Law

•Change programme schedule for above

•Define resource use and requirements

•Alternative scenario propositions for consideration

What is the existing and what is the required position that the Faculty hopes to achieve?

Definition of the above position allows the formulation of a framework for change aiming to achieve both the stated goals of the Law Department

and those of the umbrella organisation, Unizulu.

Much is already known of this desired outcome, particularly in terms of strategic mission statements made by the Review Committee and Unizulu

leadership.

?

Consideration and definition of the behaviour or expected behaviour of variables and their dependants will allow a more efficient design proposition for organisational structure.

In order to collate data under a single framework of thought, a general theoretical theme has been selected.

Dr Tony Ellsons work on ‘Culture and Positioning as Determinants of Strategy’ is relevant in provision of such a frame in the detail contained of both internal workings of an organisation and stakeholder perceptions.

The Renewal Trajectory of the University of Zululand states two primary objectives.

•Student centeredness.•To become a University of choice.

As both these objectives focus on the achievement of a certain unique place in the mind of stakeholders, Dr Elson's work is thought, by the researcher, to be ideal.

Base proposition – Organisational beliefs and actions (Strategic Position) affect the perceptions (Operational Position) of their intended audience. Organisations can be structured to achieve a specific place in the minds of their stakeholders. A University of choice? Student Centeredness?

STRATEGICPOSITION

Actions Resource use Engagement

OPERATIONAL POSITION

Unique position in the mind of stakeholders

RENEWAL TRAJECTORYStudent Centeredness

To be a University of Choice

STRATEGIC ALIGNMENT OF RESEARCH – Goals, Values & Operational/Strategic Positional Alignment

Innovation

Caring Environment

Effective & Efficient

Quality career-focused programmes

Appropriate Research

Positive Image

Mutual Trust

Accountability

Teamwork

UniZuluVision & Mission

CHALLENGESTransform curriculaCentres of ExcellenceStaff EngagementAging InfrastructureAcademic Enterprise

The definition of where we

are and where we intend to go provide empirical

evidence of the challenge

GOALS VALUES

INTERNAL

EXTERNAL

DEFINE

Present StatusFuture State

•Individual•Functional Unit•Organisational

•Systemic

External Comparison

Communication

DESIGN

•Measured requirement for change identified•Priority areas?•Identify & match

technical approach needed

•Consider all implications of the change process•Resources available?•Obtain Strategic input from ALL stakeholders

DEVELOP

Critical Areas?Schedule?Budget?

Responsibility?•Confirm change

programme coincidence with

target goals•Must haves

•Nice to haves?•Incremental

approach?

DELIVER

Implement programme

Maintain and monitor change

Measure & adjust

CONCEPTUAL POSITION OF RESEARCH – within overall change analysis framework

CONSISTENT COMMUNICATION OF INTENTION AND PROGRESS SEEK FEEDBACK - ADJUST

While in some companies, wave after wave of programs rolled across the landscape with little positive impact, in others, more successful transformations did take place. They usually started at the periphery of the corporation in a few plants and divisions far from corporate headquarters. And they were led by the general managers of those units, not by the CEO or corporate staff people.

http://hbr.org/1990/11/why-change-programs-dont-produce-change/ar/1

Why Change Programs Don’t Produce Changeby Michael Beer, Russell A. Eisenstat, and Bert Spector

Harvard Business Review, November 1990.

http://hbr.org/1990/11/why-change-programs-dont-produce-change/ar/1

Further research revealed that change happens most efficiently at a local level — at the level of the frontline, manager-led team. For an executive, the frontline team is his or her direct reports, and for a plant manager, the frontline team is the people he or she manages each day. Studying great managers, Gallup scientists learned that optimal decision making happens when information regarding decisions is collected at a local level, close to the everyday action.

Q12® Meta-Analysis:The Relationship Between Engagement at Work and Organizational OutcomesJames K. Harter, Ph.D., Gallup: Frank L. Schmidt, Ph.D., University of Iowa: Emily A. Killham, M.A., Gallup: Sangeeta Agrawal, M.S., GallupAugust 2009 – Gallup Inc.

Review and analysis of the student body perceptions in regard to their learning provides insight into the viability of a Faculty of Law.Achievement of the Renewal Trajectory of the University states the following:

•Student Centeredness•To become a University of choice.

The 2011 student survey data is reviewed with this purpose in mind.

Reference - University of Zululand. Strategic Plan 2010-2013

STUDENT PERCEPTIONS

2011 STUDENT SURVEYFACULTY OF COMMERCE, ADMINISTRATION & LAW

Data is presently only available for the faculty as a combined student group. Work has begun on survey of past and present Students of Law and will be provided to the Review Committee when available.

Question 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

F/Y/1 192 305 51 334 97 196 16 11 9 10 8 8 7 10 9 12 29 12 11 16 20 28 29 9 12 56 32 59 49 51

M/N/2 155 39 288 2 4 141 13 22 17 41 10 12 14 11 16 28 40 36 25 26 25 36 38 22 24 50 70 38 45 27

3 6 162 37 51 68 76 37 52 33 23 59 65 78 71 90 69 49 59 71 51 67

4 1 68 138 177 169 135 153 146 144 164 137 128 130 146 146 139 136 128 107 144 140

5 0 7 134 74 77 70 127 118 134 128 115 92 55 63 59 71 99 79 89 106 94

Empty 2 4 10 6 6 12 5 9 6 14 11 11 13 10 11 20 12 20 16 25 16 11 14 13 11 242 247 251 255 271

Unkwn 0 1 0 0 5 0 6 5 3 3 3 2 4 3 2 4 5 1 2 3 4 8 1 4 1 1 0 1 0 0

Total 349 349 349 349 349 349 349 349 349 349 349 349 349 349 349 349 349 349 349 349 349 349 349 349 349 349 349 349 349 349

PERCENTAGES

F/Y/1 % 55.0 87.4 14.6 95.7 27.8 56.2 4.6 3.2 2.6 2.9 2.3 2.3 2.0 2.9 2.6 3.4 8.3 3.4 3.2 4.6 5.7 8.0 8.3 2.6 3.4 16.0 9.2 16.9 14.0 14.6

M/N/2 % 44.4 11.2 82.5 0.6 1.1 40.4 3.7 6.3 4.9 11.7 2.9 3.4 4.0 3.2 4.6 8.0 11.5 10.3 7.2 7.4 7.2 10.3 10.9 6.3 6.9 14.3 20.1 10.9 12.9 7.7

0.0 1.7 46.4 10.6 14.6 19.5 21.8 10.6 14.9 9.5 6.6 16.9 18.6 22.3 20.3 25.8 19.8 14.0 16.9 20.3 14.6 19.2

0.0 0.3 19.5 39.5 50.7 48.4 38.7 43.8 41.8 41.3 47.0 39.3 36.7 37.2 41.8 41.8 39.8 39.0 36.7 30.7 41.3 40.1

0.1 0.0 2.0 38.4 21.2 22.1 20.1 36.4 33.8 38.4 36.7 33.0 26.4 15.8 18.1 16.9 20.3 28.4 22.6 25.5 30.4 26.9

Empty % 0.6 1.1 2.9 1.7 1.7 3.4 1.4 2.6 1.7 4.0 3.2 3.2 3.7 2.9 3.2 5.7 3.4 5.7 4.6 7.2 4.6 3.2 4.0 3.7 3.2 69.3 70.8 71.9 73.1 77.7

Unknown % 0.0 0.3 0.0 0.0 1.4 0.0 1.7 1.4 0.9 0.9 0.9 0.6 1.1 0.9 0.6 1.1 1.4 0.3 0.6 0.9 1.1 2.3 0.3 1.1 0.3 0.3 0.0 0.3 0.0 0.0

Total 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0

F Y Y 1 5 Y 3 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 N N N N

M Y N 1 4 Y 1 2 4 1 4 5 5 3 5 4 5 3 4 3 4 5 3

F Y N 1 3 Y 4 4 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 4 4

M Y N 1 3 N 4 4 5 4 4 3 4 4 4 4 4 5 4 4 4 2 4 4 2

M N N 1 4 Y 5 4 4 4 4 4 4 4 4 4 3 4 3 4 4 4 4

F Y 1 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 N N N N N

M Y Y 1 3 N 5 5 4 5 4 4 4 4 5 5 4 5 5 4 5 5 3 5 5 N

F Y N 1 3 N 4 5 4 5 5 4 4 4 4 4 4 4 4 4 5 5

M Y N 1 3 N 4 4 4 5 5 4 4 4 3 2

F Y N 1 3 Y 4 4 4 4 5 4 5 4 3 5 4 2 3 4 3 5 3 3 3

M Y N 1 4 Y 1 4 3 4 4 5 5 5 3 4 3 4 4 4 4 3 4

F Y N 1 3 Y 2 4 2 3 2 4 3 4 3 3 2 3 2 3 3 4 3 3 3

F Y N 1 3 Y 4 4 5 4 5 5 4 5 4 2 4 5 3 4 4 2 4 4 2

M Y N 1 3 N 5 5 3 4 3 2 5 5 4 3 1 1 1 3 3 2 1 2 1

M Y N 1 3 N 3 4 3 3 5 4 3 5 3 3 2 3 3 3 2 2 2 3 3

M Y N 1 3 Y 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5

F Y N 1 Y 1 2 2 1 1 1 1 x 5 5 1 2 1 1 N

F N 1 1 5 4 5 5 5 5 5 5 Y Y

M Y N 1 3 Y 3 4 3 3 5 4 5 4 5 4 3 3 3 3 3 4 3 3 3

F Y N 1 1 Y 5 4 4 5 5 5 5 4 5 5 5 5 5 5 5 5 5 5 5 N N N Y Y

M Y N 1 1 N 3 3 5 5 5 4 3 4 4 4 4 4 3 4 3 x 4 Y Y Y Y Y

M Y N 1 N x 2 3 3 4 3 4 4 4 4 4 4 3 4 3 3 3 3 3

M Y N 1 4 Y 5 3 3 2 3 4 4 5 5 5 4 4 4 4 4 2 x 5 3 N N

F Y N 1 3 Y 3 2 3 5 2 4 2 3 4 4 3 3 2 x 3

F Y N 1 4 Y 4 3 5 4 4 x 5 5 5 4 3 2 2 1 1 2 3

F Y N 1 3 N 4 4 4 4 5 3 4 3 3 5 5 4 5 5 5 5 5 4

F Y N 1 3 N 1 2 4 5 4 2 5 5 5 5 3 3 2 4 2 5 2 2

M Y Y 1 3 N 3 4 4 4 4 3 4 5 4 4 4 2 4 4 2 4 2 4

F Y N 1 3 N 5 3 4 3 4 5 4 4 4 3 3 4 3 3 4 5 4 2 4

F Y N 1 3 Y 5 5 4 3 5 4 x 4 3 2 4 4 4 5 4 5 4 5 4

M Y N 1 1 Y 4 4 3 2 3 3 3 4 3 2 3 4 1 3 3 5 2 2 2 Y N Y Y Y

M Y Y 1 3 Y 5 5 5 4 5 4 4 2 2 2 2 2 3 5 5 1 1 1 1

F Y N 1 4 Y 4 4 2 2 5 4 4 5 4 3 3 2 2 3 2 3 5 4 4

M Y N 1 1 Y 5 5 5 4 4 4 4 4 4 4 4 4 4 4 5 4 4 4 4 N N N N

M Y N 1 1 Y 4 4 4 4 4 3 4 4 3 4 4 4 4 3 3 3 3 3 N N Y Y Y

M Y Y 1 3 Y 4 4 3 3 4 4 4 4 3 3 4 4 4 4 4 4 3 4 4

M Y Y 1 1 Y 5 5 4 4 5 5 5 4 3 4 4 4 4 3 3 3 4 5 5 Y Y Y Y Y

F Y Y 1 3 N 4 5 4 4 4 5 5 5 5 4 5 4 4 5 4 5 5

F Y Y 1 3 N 4 3 5 4 5 4 5 5 4 5 5 4 4 4 4 5 5 5 5

F Y N 1 Y 1 4 1 1 1 1 1 1 4 1 1 4 1 1 4 4 1 1 4 N N N N N

M N N 1 3 N 5 5 3 2 4 3 4 4 2 2 1 3 3 3 1 2 3 2 2

M N N 1 3 N 5 5 5 3 4 3 x 4 1 3 1 4 5 4 3 1 5 4 3

M Y N 1 4 N 2 4 1 1 4 4 4 4 4 1 1 1 2 4 3 2 1 3 N N Y Y N

M N N 1 3 N 4 4 4 4 4 3 3 4 4 4 2 3 4 4 4 4 2 3 4

M N N 1 1 N 4 4 3 4 5 4 5 5 4 4 3 3 4 4 5 1 2 2 4 Y N Y Y Y

M N N 1 4 Y 3 x 3 3 x x 5 5 5 3 3 3 3

F Y N 1 3 N 3 5 3 4 4 4 5 4 5 5 2 5 4 4 5 5 3 5 4

0

20

40

60

80

100

120

140

160

180

200

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

STRONGLY AGREE

AGREE

NEUTRAL

DISSAGREE

STRONGLY DISAGREE

STUDENT NUMBERS

QUESTIONS - Your opinion of your degree/diploma study as a whole

DIVISION OF THE RESULT INTO SPECIFIC AREAS PROVIDES A RELEVANT FRAMEWORK FOR ANALYSIS

STRONGLY AGREE

AGREE

NEUTRAL

DISSAGREE

STRONGLY DISAGREE

Student self perception on own learning engagement

Acquisition of work place relevant skills

Engagement between teaching staff and student

Environmental quality contribution to work place preparedness

STRONGLY AGREE

AGREE

NEUTRAL

DISSAGREE

STRONGLY DISAGREE





?

STRONGLY AGREE

AGREE

NEUTRAL

DISSAGREE

STRONGLY DISAGREE





The questions relate to students having time AND understanding to complete workload. Perhaps a time management course will help add to positive student engagement

Low student opinion that teaching staff communication did not meet their expectations. Reasons for this are not defined as yet, but consideration beyond stated external blame should be made.Could both issues highlighted on this slide be related?

Who to train? Students or Staff? Could communication methods or an alternate solution meet the challenge?

STRONGLY AGREE

AGREE

NEUTRAL

DISSAGREE

STRONGLY DISAGREE





Student beliefs are strongly positive in regard to relevant work skills provision.

Earlier comments are confirmed in the spread of student responses to:

I thought the environment helped me learn effectively (left arrow)

The University prepared me well for the work place (right arrow)

The preparation for a survey specifically designed for students of Law is near complete. Such survey will be designed to highlight matters of relevance to the Faculty Review Committee.

The compilation of survey questions in regard to this will considered in the light of avenues of research highlighted during discussion by the Review Committee.

Mechanisms are already in place for such survey. This will involve the coordination of survey by the UniZulu Student Survey Services. Survey is not advised by electronic means and will require the use of a facility in which Law students may be gathered.

Law DepartmentStudent Numbers

First Time Entry U/G

First Time Entry P/G

YEAR 1 YEAR 2 YEAR 3 YEAR 4GRAND TOTAL

Ll.D 4 4

Ll.M 1 1 1 3

Llb 142 17 110 170 166 605

TOTAL 142 18 115 170 166 612

Ll.D

Ll.M

Llb

0

20

40

60

80

100

120

140

160

180

FirstTimeEntryU/G

FirstTime

Entry P/G

YEAR 1

YEAR 2

YEAR 3

YEAR 4

Ll.D

Ll.M

Llb

0

1000

2000

3000

4000

5000

6000

FAIL NO EXAM PASS DESTINCTION GRADUATION

2009

2010

2011

2012

LAW STUDENT ACADEMIC PERFORMANCE(ALL MODULES)

STUDENT NUMBERS

DISTINCTION

6.050%

6.455%

6.325%

4.906%

4.0%

4.5%

5.0%

5.5%

6.0%

6.5%

7.0%

2009 2010 2011 2012

DISTINCTION PERFORMANCE

386 392 370

136

0

50

100

150

200

250

300

350

400

450

2009 2010 2011 2012

projected

existing

83%77%

71% 68%

60%

65%

70%

75%

80%

85%

2009 2010 2011 2012

MODULE PASS RATE

ANNUAL DISTINCTIONS ACHIEVED

6706 6374

6187

5824

5600

5800

6000

6200

6400

6600

6800

2009 2010 2011 2012

MODULE REGISTRATIONS

STUDENT ACADEMIC PERFORMANCE INDICATORS

150

POST GRADUATE STUDENTS

The Law Department has produced one Phd Student since 1998 – Presently employed within the Law Department.

There are presently four Lld (Phd) students and three Masters level students within the faculty.

RESEARCH

A limited amount of accredited research is carried out by members of the Law Department Academic body.

The 2011 University of Zululand research report contains two accredited entries for research by a single member of the Law Department. Further statistics have not yet been released to the researcher at this time.

Personnel produce papers for local publication and distribution. This weeks annual Faculty Conference saw 17 Law specific papers presented by Staff and Students.

During staff interview a number of personnel mentioned that they do not have sufficient time for applied research due to their teaching load.

Whilst not counting toward accredited research five members of staff are presently at various stages of Phd studies.

THE CENTRE FOR LEGAL SERVICES

The Legal Services Centre is located on main campus and states two primary aims and objectives.To provide legal aid assistance to the poor and needy in the surrounding communities.To provide training and practice to the law students.Average quarterly community provision for the past year of the Legal Services Centre is as follows:•Number of consultations 106•Number of new cases opened 19•Number of cases finalised 15

The Centre for Legal Services provides the delivery of the Legal Practice Course to final year LLB students. There are presently 132 students newly enrolled in this course. Moot and mock trials are predominant in the delivery of practical learning.

FACILITIES

Library facilities used by the Law Department are presently split between three Locations. Main Library. Law Dept on main Campus and a small archive at the Richards Bay facility.Comment from University Librarian - “Faculty establishment will require two identically stocked storage and research areas. Perhaps a new building would solve that. However a School of Law is not beyond existing space resource constraints but will require selection of an area of focus by the School leadership.”

The Law Department presently shares classrooms with a number of other units within the University. Classrooms are generally in a poor state of maintenance. New facilities have reduced the pressures somewhat.

Student accommodation within the main campus is designed for 3500. The facilities presently require some maintenance and repair.

Much of the Campus maintenance appears to be contained within existing budget figures.

STAFF COMMENT

The “wish list” of personnel within the Law department included the following•Single core specialisation for Academics plus perhaps one other subject•A maximum class size of 100 students (Presently 150-250 per class)•Two modules per lecturer per semester•Time for research

General comments by staff – a selection•The fall back position for staffing provision is to recruit on a part time basis.•Our challenges are, staff maintenance, management ability, salaries and facilities provision.•It might be a good idea to have full time teaching staff for foundational learning.•Our practical instruction on how to do things is unique to UniZulu.•The legal clinic could have more to do with the community, perhaps with emphasis on impact litigation.

CURRICULUM

The UniZulu Law Department Curriculum is described as unique in its approach to practical instruction.

Comparison and discussion of the curriculum to another well known university (WITS)

STUDENT SELECTION

The Law Department is presently not meeting the “University of Choice” strategic intent.

Students are selected on the basis of having achieved a minimum rating of 32 points. However there is some flexibility in this selection process.

MEDIA

The Media have over the past few years been covering the debate on what has been headlined as the “Graduate attorney skills gap”

Primary participants quoted in the debate in various media are members of the SA Law Deans Association (SALDA) and the Law Society SA (LSSA)

The focus of the debate in the media seems to be on the provision of vocational skills training. The LSSA describes these as “research, computer work, literacy and numeracy”.

SALDA state that. “Skills and abilities required for entrance into the study of law are in many cases not sufficiently developed in the secondary education phase”.

As a side note it is perhaps worth noting that the LSSA run their own School For Legal Practice with ten regional branches .

LLB STANDARD GENERATING BODY

In meeting the National Qualifications Framework Standards Generating Bodies have been formed to define the standards required for LLB and other programmes at South African Universities.

The LLB standard has yet to be established and published.

Summary•The Faculty presently does not meet the University of Choice renewal trajectory

•Student Centeredness is certainly evident amongst Academic Law Staff.

•Academic Staff qualifications are moving toward additional Phd qualified members.

•Academic staff are highly motivated to teach and do so with gusto, innovation and determination.

•Staff retention and development is a challenge of strategic importance.

•The LLB programme has been modified to meet many of the 2007 LLB external review recommendations. A new review is near due.

•The LLB Standards Generating Body has not yet completed its task.

•Facilities in terms of classrooms, moot court, and staff offices limit expansion of the programme and require maintenance.

Education

Law department