E-Journal of Humanities Arts and Social Sciences

Transforming Constitutional imperatives into administrative practices: Failures in Public Administration and Legal Accountability in Rural Water Governance

Lubabalo Mjadu — 2026-10-28

Section 27 of the Constitution of the Republic of South Africa, 1996 guarantees the right to sufficient water; however, rural populations still face widespread water insecurity. This article claims that persistent public administration failures block the constitutional right to water in rural South Africa, not a lack of legal foundation. The gap between constitutional responsibility and lived reality shows institutional inadequacies in the state’s water governance framework. The paper uses an interdisciplinary socio-legal and public administration approach to evaluate how administrative incompetence, fragmented intergovernmental connections, failing infrastructure, and poor accountability mechanisms hinder rural water service delivery. It questions the marginalisation of customary governing traditions in formal administrative systems despite constitutional legal plurality. The paper shows that constitutional rights cannot be meaningfully achieved without competent, responsive, and accountable administrative institutions, using transformative constitutionalism, vulnerability theory, legal pluralism, and public administration implementation theory. The paper found that administrative dysfunction has reduced rural South Africans’ access to water to a symbolic guarantee. Governance-oriented changes attempt to boost institutional capacity, accountability, and constitutional compliance in administrative practice. The paper contributes to socio-economic rights literature by reframing public management as the key to constitutional commitments.

Resource availability and its influence on Teachers’ Content Delivery in secondary schools: A case study of the Chris Hani District, Eastern Cape, South Africa

Ayanda Ncokazi — 2026-10-28

The chronic shortage of teaching and learning resources in South Africa’s historically disadvantaged schools remains a persistent barrier to educational equity and quality. This study examined the effect of resource availability on the effectiveness of secondary school teachers’ content delivery in the Chris Hani District, Eastern Cape. Using a qualitative case study design within an interpretivist paradigm, semi-structured interviews were conducted with six purposively selected teachers. Thematic analysis of the data revealed three core findings: first, the absence of basic and subject-specific resources fundamentally cripples pedagogical practice and learner engagement; second, overcrowded and inflexible physical classrooms actively impede collaborative learning and effective classroom management; and third, these conditions create a demoralizing self-perpetuating pattern of systemic inadequacy, negatively impacting both teacher morale and learner performance. The study concludes that resource scarcity directly undermines the socio-cultural conditions necessary for learning and the school’s capacity to implement the intended curriculum, thereby contributing a situated, experiential perspective to the literature on resource deprivation in rural Global South contexts. It is recommended that education authorities prioritize equitable, needs-based resource allocation, integrate training for resource-scarce pedagogy into teacher development, and establish transparent monitoring frameworks to ensure policy translates into tangible classroom support. This paper contributes a situated, experiential perspective on how resource scarcity undermines socio-cultural learning conditions and curriculum implementation in rural South African secondary schools, extending theoretical debates on educational inequality.

Yorùbá folktales, oral storytelling and the decolonial imperatives for children’s education in Africa

Chika C. Mba — 2026-10-28

This study examines the cognitive, cultural, and decolonial significance of traditional Yorùbá folktales. It establishes Yorùbá folktales as a vital component of African oral storytelling, capable of informing the development of Afrocentric educational frameworks for children. Although academic discourse acknowledges these educational and social deficits, there remains a critical research gap regarding how traditional oral narratives can be systematically operationalised within educational policy and practice. Using a conceptual review and qualitative approach, this research highlights the decline of African oral traditions and links this phenomenon to contemporary challenges faced by African youth, including identity crises, social fragmentation, ethical erosion, and cognitive dissonance. It posits that the primary drivers of this cultural attrition are the coloniality of the African educational system, the pervasive influence of modern media, and the hegemony of written literature. The study acknowledges the utility of “Secondary Orality” and digital storytelling in fostering engagement with these traditions and uses secondary data to analyse the structural paradigms of Yorùbá folktales. Overall, the research advocates the cultural reappropriation of digital storytelling, proposing a pedagogical model in which primary oral storytelling is used alongside digital formats. It concludes that integrating oral storytelling into classroom curricula is essential to actualise Afrocentric education and dismantle the lingering effects of educational coloniality.

School management’s disaster risk reduction approaches in flood-affected schools in South Africa’s Vhembe District: A literature review

Azwidowi Aubrey Mokwebo — 2026-10-28

Flooding remains one of the most disruptive climate-related hazards affecting schools in rural South Africa, compromising infrastructure, learner safety, and continuity of education. In the Vhembe District of Limpopo Province, recurrent flood events have exposed weaknesses in school preparedness, governance systems, infrastructure resilience, and learning continuity mechanisms. Despite growing scholarship on disaster risk reduction and school safety, limited attention has been paid to how school management practices contribute to institutional resilience in flood-prone rural schools. This study examined Disaster Risk Reduction (DRR) approaches relevant to flood-affected public schools and explored how school management practices contribute to institutional resilience. Guided by Disaster Resilience Theory (DRT), the study adopted a qualitative desktop-based systematic literature review using the PRISMA 2020 framework. Literature published between 2014 and 2026 was sourced from academic databases and institutional repositories. Following the application of inclusion and exclusion criteria, ten South African studies were selected and analysed through thematic synthesis. The findings revealed three interrelated themes: governance, risk reduction and school resilience; infrastructure vulnerability and preparedness challenges; and educational continuity during disruptions. The review found that weak institutional capacity, fragmented governance structures, inadequate hazard mapping, poor infrastructure, and limited preparedness continue to undermine school resilience. Furthermore, digital inequalities and the absence of formal continuity-of-learning systems constrain educational continuity during disaster-related disruptions. The study proposes the Vhembe School Disaster Resilience Model, comprising four pillars: risk anticipation, structural absorption, governance and preparedness, and continuity-of-learning adaptation. The model offers practical guidance to strengthen resilience in flood-prone rural schools.

Evaluating the effectiveness of impact-based severe weather Early Warning Systems for Flood Risk Management in South Africa: A conceptual review

Thembakazi Precious Sosibo — 2026-10-28

Flooding remains one of the most frequent and destructive hydro-meteorological hazards in South Africa, causing substantial socio-economic losses, infrastructure damage, and threats to human life. In response to increasing flood risks associated with climate variability and extreme weather events, the South African Weather Service has increasingly adopted impact-based severe weather early warning systems designed to communicate not only meteorological hazards but also their likely consequences for communities, infrastructure, and livelihoods. This conceptual review examined the effectiveness of these systems in strengthening flood risk management in South Africa. The paper synthesised theoretical and policy perspectives on impact-based early warning systems and critically reviewed institutional, socio-economic, and communication factors that shape their effectiveness. The findings indicate that while South Africa has made significant progress in transitioning from hazard-based to impact-based warning systems, challenges related to institutional coordination, dissemination gaps, community risk perception, and socio-economic vulnerabilities continue to undermine their effectiveness. The paper further identifies emerging opportunities linked to technological innovation, participatory governance, and community resilience. The study concludes by highlighting the need for context-specific empirical research in vulnerable flood-prone communities such as Port St Johns. This study contributes to disaster risk reduction and climate adaptation scholarship by synthesising theoretical, policy, and institutional perspectives on impact-based flood early warning systems in South Africa. It identifies key institutional, socio-economic, and communication factors that affect system effectiveness, highlights research gaps, and provides a conceptual foundation for future research and evidence-based flood risk management.

Administrative failures and the Constitutional Right to access safe water in South Africa

Lubabalo Mjadu — 2026-10-28

This study investigates the impact of administrative errors on the constitutional right to access clean and adequate water in South Africa. Despite the legislative framework guaranteeing this right, numerous people, particularly in rural and under-resourced regions, continue to suffer from inadequate water service delivery. The study seeks to evaluate the efficacy of current systems in upholding this right in practice. A doctrinal and sociolegal methodology is employed, using legislation, constitutional stipulations, and institutional practices for water governance. The results indicate that inadequate planning, insufficient maintenance, ineffective water quality control, and constrained administrative capability lead to persistent service delivery problems. Inadequate oversight, insufficient accountability, and minimal community engagement exacerbate the issues. The paper argues that these failings should be viewed as constitutional issues rather than mere administrative challenges. The report advocates for the enhancement of rules and regulations to explicitly delineate roles, fortification of oversight and accountability mechanisms, and the augmentation of institutional capacity via improved training and resource allocation. It also underscores the necessity for enhanced community engagement. This study enhances academic discourse by demonstrating that deficiencies in water service delivery constitute not only governance challenges but also infringements of constitutional rights, while emphasising the necessity for improved alignment of administrative systems with constitutional principles.

The Khoisan people on the precipice of extermination in the 18th Century: The impact of the 1713, 1755 and 1767 Smallpox Epidemics on the Khoisan Communities at the Cape

Butholezwe Mtombeni — 2026-10-28

Literature abounds on the smallpox epidemics of 1713, 1755 and 1767 at the Cape, and how the epidemics destroyed the Khoisan way of life. Historians agree that these epidemics decimated most of the Khoisan clans and further eroded their social, economic and political strength, and in the process, exposed them to the naked sky of the ruthless marauding forces of colonialism whose sole intent was to feed their insatiable appetite for arable land and mineralogical riches. Thus, the available orthodox scholarly accounts do not adequately explain the origin of the smallpox virus that precipitated irreparable havoc in the Khoisan communities. The literature treats the spread of the virus as an accident. Therefore, using the available primary and secondary sources and a qualitative research approach, this article explores the 1713, 1755 and 1767 smallpox epidemics at the Cape, with a specific focus on the origins, effects, as well as the indigenous Khoisan clans’ perception of the epidemics. It argues that the introduction of smallpox at the Cape by the Dutch waxed and waned the Khoisan resistance to the Dutch invaders and, therefore, aided the process of colonialism. Drawing on the example of the British distribution of smallpox-contaminated blankets and a handkerchief to Native Americans in 1763, the article concludes that there is a possibility that the smallpox-infected blanket which arrived at the Cape on 14 February 1713 may have served a similar purpose- to weaken the Khoisan population, thereby facilitating colonial expansion and the occupation of their territories.

Gender-responsive rehabilitation in South African correctional facilities: Addressing the unique needs of incarcerated women

Ernest Ramokone Lekalakala — 2026-10-28

Women constitute a minority within South African correctional facilities; however, their experiences of incarceration are distinct, shaped by gendered vulnerabilities, histories of trauma, and socio-economic marginalisation. Despite constitutional guarantees of equality and international obligations under the Bangkok Rules and CEDAW, rehabilitation programs remain largely male-oriented, overlooking women’s specific needs. This study critically examines the importance of gender-responsive rehabilitation in South African prisons, emphasising how tailored interventions can promote rehabilitation, reduce recidivism, and support reintegration. The objectives were to (i) assess the extent to which existing rehabilitation programmes address the needs of incarcerated women, (ii) identify gaps in policy and practice, and (iii) propose a framework for gender-responsive interventions aligned with international standards. A qualitative research design was employed, drawing on policy analysis, semi-structured interviews with correctional officials, and a thematic review of the secondary literature. The findings reveal that while rehabilitation services exist, they are predominantly modelled on male offenders, neglecting issues such as maternal care, trauma recovery, gender-based violence, and vocational training relevant to women’s socio-economic realities. Limited resources, institutional bias, and inadequate policy enforcement further constrain effective service delivery. The study concludes that adopting gender-responsive rehabilitation not only advances human rights but also enhances correctional outcomes by addressing the lived realities of women. This study highlights the intersection between gender and corrections, offering evidence-based recommendations to policymakers and reinforcing the need for inclusive correctional strategies that align with South Africa’s constitutional and international obligations.

Investigating how learners’ participation in extracurricular activities contributes to their academic performance

Vanessa Mashabe — 2026-10-28

This empirical paper discusses the contribution of learners’ participation in extracurricular activities to their academic performance. Learners are having challenges preventing them from engaging in extracurricular activities in township secondary schools in Kutloanong. This paper is framed in institutional theory, which looks at the limitations and restrictions placed on learners by authorities. In this paper, the qualitative interpretivist research paradigm was employed. 6 participants, 3 teachers and 3 learners, were interviewed. Non-probability purposive sampling was used to choose five schools in Kutloanong township from which data were gathered. The researcher conducted semi-structured interviews with the participants. The literature review findings indicate that learners’ participation in extracurricular activities may reduce harmful behaviors such as substance abuse and gang affiliation, foster a sense of belonging and connection to the school community, and be essential for sustaining healthy, balanced lifestyles. The study’s findings demonstrate that participation in extracurricular activities enhances learners’ physical and mental well-being, provides respite from academic obligations, elevates self-esteem, fosters a sense of community, positively contributes to discipline, improves academic performance, and offers a venue to showcase diverse talents. In light of the findings, the study recommends that schools provide a diverse range of extracurricular activities to accommodate various learner interests. Additionally, ascertain the reasons for club inactivity and promote their rejuvenation to guarantee that learners can engage and have access to the requisite facilities for diverse extracurricular activities. Ultimately, to facilitate extracurricular activities, the management and other school officials must proficiently supervise their expenditures.

Unveiling power in the shadows: A South African lens on women’s empowerment in the precarious economic activities

Simangele Mkhize — 2026-10-28

In South Africa, women’s empowerment in the informal economy is an approach to poverty reduction and a catalyst for economic development. The existing literature highlights persistent systemic barriers to economic development across different geographical contexts, as well as the challenges entrepreneurs, particularly women, face in accessing infrastructure, education, and finance. Such barriers are a limitation to the economic participation of women-owned businesses, regardless of the important role these businesses play in supporting communities and families. Therefore, the study sought to examine the effects of responding to these barriers and how appropriate responses can improve economic outcomes and empower women in the informal economy in South Africa. The methodology for this study was quantitative and used closed-ended questionnaires, where a 95% response rate was obtained. The results indicate that increased institutional support, improved access to education, and greater access to finance are associated with better economic outcomes and women’s empowerment among the women in the study sample who participate in the informal economy in Johannesburg, Gauteng, South Africa. These aspects minimise the barriers and enhance business success and financial independence. The study recommends that responding to such barriers entails adjusting socio-cultural attitudes and implementing interventions that are gender sensitive to realise the capabilities of women in the informal economy. Future studies might examine regional differences in empowerment. This study contributes to scholarship by providing empirical evidence on women’s economic empowerment in the informal economy within a South African urban township context.

Indigenous grassroots migration labels: Resistance language to migration influx in South Africa

Nomatter Sande — 2026-11-04

Though migration policy sometimes gives institutional labels (e.g., ‘refugee,’ ‘migrant’) top priority while marginalising grassroots terminology developed by local groups, South Africa is still a key destination for intra-African movement. This study analysed the socio-political consequences of young South Africans using indigenous grassroots labels as opposition to migratory inflow using the rational choice cost-benefit (RCCB) theoretical framework. The study indicates via desktop research that these labels, often negative and degrading, represent a coping strategy against perceived resource rivalry and cultural dangers. However, such colloquial names avoid international protection levels, therefore aggravating migrants’ vulnerability and restricting their access to rights. The paper’s main question is how indigenous grassroots labels can capture conflicts between institutionalised government shortcomings and informal resistance by exposing a paradox: young agency, albeit founded on justified complaints, increases exclusion when institutional structures abandon accountability. The results highlight the conflict between systematic governance shortcomings and unofficial resistance tactics, therefore supporting inclusive policies that address both young people’s complaints and migrant protection. This study makes a significant contribution to connecting migration theory with real-world governance by showing how institutional labels and grassroots opposition words make migrants in South Africa even more vulnerable. It gives practical decolonial alternatives like participatory dialogues, economic reforms, and anti-xenophobia media literacy to break down discriminatory labelling, put migrant agency at the centre, and change necropolitical institutions into systems of universal rights and solidarity.

Preservation of traditional culinary art and culture of the people of Asante Mampong, Ghana

Jemima Tuaah Boafo — 2026-10-23

Indigenous culinary practices are repositories of cultural knowledge, social memory and communal identity, yet many are declining under the pressures of urbanisation, changing food preferences and weakened intergenerational transmission. This study documented the indigenous culinary practices associated with major foods in Asante Mampong, Ghana. A qualitative participatory ethnographic design was used. Twenty-three participants, comprising queen mothers, community elders, food producers, women’s group leaders and farmers, were purposively selected and interviewed using a validated semi-structured interview guide. Participatory observations on food preparation and consumption were also made. Interview transcripts, field notes and observational data were thematically analysed with the support of NVivo 15. The findings identified diverse full-course and stand-alone meals, authentic preparation techniques, traditional culinary artefacts, seasonal and ritual consumption patterns, gendered dining arrangements and food-related taboos. Participants attributed the decline of these practices to limited awareness of their perceived health benefits, reduced availability of indigenous crops, modern food preferences and weakened youth participation in culinary learning. The study contributes to scholarship by providing a micro-cultural ethnographic record of indigenous culinary practices in Asante Mampong and by demonstrating how material culture, ecological seasonality, ritual life and intergenerational knowledge transmission jointly shape culinary continuity. It provides an evidence base for community-led documentation, education and heritage preservation initiatives that can accommodate modern preferences without eroding cultural authenticity.

“Beyond the Clinic Door”: Examining healthcare status and access challenges of persons experiencing street homelessness in the city of Johannesburg, South Africa

Constance Matshidiso Lelaka — 2026-10-23

This study explores the health conditions, service barriers, and coping mechanisms of people experiencing homelessness in the urban context of Johannesburg. Guided by Andersen’s Behavioural Model of Health Services Use and situated within a transformative research paradigm, the study used a qualitative phenomenological design to capture the lived experiences of 10 homeless adults recruited by purposive sampling. Data were generated through in-depth interviews and thematically analysed using the Braun and Clarke (2006) framework. The findings reveal a complex interplay between poverty, illness, stigma, and systemic exclusion. Participants reported high rates of HIV/AIDS, tuberculosis, respiratory infections, and substance-related illnesses, compounded by poor sanitation and exposure to violence. Structural barriers, including a lack of identification documents, discriminatory treatment in clinics, and fragmented service delivery, significantly hindered healthcare access and continuity of care. Despite these adversities, participants displayed resilience through informal networks, support from non-profit and faith-based organisations, and personal spirituality. A recurring theme was the longing for dignity, family reconnection, and reintegration into society. The study concludes that homelessness in Johannesburg is both a health and human rights issue, necessitating coordinated, multi-sectoral interventions. Recommendations include mobile outreach health services, removal of administrative barriers, expanded mental health and addiction programs, and family reunification initiatives to promote inclusive and equitable healthcare for the city’s most marginalised populations.

From dominant-party rule to coalition politics: A qualitative thematic review of Governance in Post-ANC South Africa

Nkarhi Excellent Mathebula — 2026-10-23

This study examined the governance implications of South Africa’s transition from dominant-party rule to coalition politics following the declining electoral dominance of the African National Congress (ANC). The purpose of the study was to analyse how this political shift reshapes democratic accountability, political stability, policy coordination, and public service delivery within an increasingly fragmented multiparty system. The study adopted a qualitative interpretive design informed by a systematic thematic literature review. Peer-reviewed journal articles, scholarly books, and policy documents were purposively selected from Scopus, Web of Science, Google Scholar, and Sabinet using predefined inclusion and exclusion criteria. The selected literature was analysed using Braun and Clarke’s reflexive thematic analysis framework, supported by Dominant-Party System Theory and Coalition Governance Theory as the guiding analytical lenses. On the one hand, coalition arrangements enhance political pluralism, broaden representation, and strengthen democratic oversight by dispersing power across multiple political actors. On the other hand, coalition politics is associated with instability in governance characterised by fragile alliances, leadership turnover, policy fragmentation, and administrative uncertainty, particularly at the municipal level. The analysis further shows that the effectiveness and sustainability of coalition governance depend on institutionalised coalition agreements, effective conflict-resolution mechanisms, and strengthened administrative capacity. The study concludes that South Africa’s shift from dominant-party rule to coalition governance reflects a structural transformation in its democratic system, requiring new institutional and political arrangements to balance inclusivity with governance stability. By integrating dominant-party and coalition governance theories, the study contributes a consolidated conceptual framework for understanding governance dynamics in post-dominant-party South Africa.

The role of blended learning in enhancing the writing skills of students at a selected TVET College, Vhembe District, Limpopo Province, South Africa

Nkarhi Excellent Mathebula — 2026-10-23

This study examined the role of blended learning in enhancing the writing skills of students at a selected Technical and Vocational Education and Training (TVET) college in the Vhembe District of Limpopo Province, South Africa. The research was motivated by persistent challenges related to academic writing among TVET students, particularly in rural and historically disadvantaged educational contexts. A qualitative case study design, guided by an interpretivist paradigm, was employed. Data were collected through semi-structured interviews with three lecturers and eight students, supplemented by document analysis of students’ written work and blended learning instructional materials. Data were analysed using thematic analysis. The findings revealed that blended learning positively contributed to students’ writing development by improving grammar, sentence construction, vocabulary usage, coherence, and overall writing fluency. However, the study also identified significant challenges, including inadequate technological infrastructure, unreliable internet connectivity, varying levels of digital literacy, limited lecturer training, and inconsistent student engagement. The findings suggest that the effectiveness of blended learning depends on the quality of instructional design, institutional support, and the integration of pedagogically meaningful online and face-to-face learning activities. The study concludes that blended learning has considerable potential to improve writing skills within TVET education when supported by appropriate resources and professional development. It recommends increased investment in technological infrastructure, lecturer capacity building, and student digital literacy programmes. The study contributes to scholarship by providing context-specific empirical evidence on blended learning and writing development within rural South African TVET institutions, an area that remains under-researched.

Exploring cultural initiation into manhood: Tertiary educators’ experiences with male students in South African classrooms

John Ringson — 2026-10-22

In South Africa, the cultural initiation of young men into manhood is a significant rite of passage, yet its impact on male students’ experiences in tertiary education remains under-explored. This desktop and theoretical article explores tertiary educators’ experiences with male students in South African classrooms, focusing on the intersections of traditional manhood, cultural initiation and higher education. The study draws on feminist, postcolonial and masculinity theories to examine how male students’ experiences of manhood initiation shape their engagement with education and their masculine identities. The article argues that educators’ understanding of cultural initiation into manhood is crucial to creating inclusive and supportive learning environments. However, navigating traditional cultural practices and modern educational contexts poses significant challenges for educators. Through a critical analysis of existing literature, this study highlights the tensions between traditional notions of masculinity and the values of inclusivity and diversity promoted in higher education. The key finding of this study is that educators’ lack of understanding of manhood cultural initiation can perpetuate problematic masculine norms and marginalise male students who do not conform to traditional masculinity. The recommendation for policy and practice is that tertiary institutions should train and support educators to understand and address the complex needs of male students navigating manhood initiation, and to promote inclusive, supportive learning environments that value diverse masculinities.

Brain drain, brain gain, economic refugee or neocolonialism: An African Church’s dilemma

Martin Mujinga — 2026-10-22

Since the beginning of the twenty-first century, there has been an exodus of professionals from Africa to Europe or North America. These migrations did not spare the church. Most mainline churches in Africa lost senior and educated pastors who moved to join other conferences, and some joined their spouses, who were employed in care work. This paper is motivated by the need to understand the role of neo-colonialism in these phenomena. It grapples with questions such as: Is South-North migration a deliberate brain drain for Africa? Is it an intended brain gain for the host countries? Is it an economic refuge for those who involuntarily migrate? To what extent is this influx of migration a form of neocolonialism? To respond to these questions, the paper employs Lee’s Push-Pull theory. The empirical study collected data through open-ended interviews conducted with six pastors who left Africa for the United Kingdom. The research challenges Western churches to consider compensating churches in Africa, as they deliberately lure their ministers to revive their “dying churches”. The paper contributes to scholarship by highlighting the impact of the church’s brain drain in the Global South and the church’s brain gain in the Global North. The paper lays bare how brain drain and brain gain remain neocolonial tools of the ministry of the word and the sacrament to the Global South churches.

Intercultural sensitivity development among university students engaged in Collaborative Online International Learning (COIL)

Nisha Ramlutchman — 2026-10-22

This study evaluated changes in the intercultural sensitivity levels of South African university students pre- and post-engagement in a six-week collaborative online international learning (COIL) project with students from a Méxican university. Collaborative online international learning is an educational pedagogy that enables students located across the globe to work together on learning activities through the use of digital technologies. This research paper addresses the paucity of empirical studies focused on the development of intercultural sensitivity among South African tertiary students, specifically in the context of online (virtual) collaboration. The research aimed to explore whether engagement in a COIL project can enhance intercultural sensitivity. Using a small-scale quantitative pre- and post-survey design (n=12), the study adopted Chen and Starosta’s (2000) intercultural sensitivity scale to investigate potential changes in five dimensions: interaction attentiveness, respect for cultural differences, interaction confidence, interaction enjoyment, and interaction engagement. The findings indicated statistically significant median differences with regard to the dimensions of respect for cultural differences and interaction enjoyment, whereas the other dimensions revealed no statistically significant changes. The study noted the promise of a COIL initiative within the context of South African higher education, particularly given its multicultural society and transformation agenda, to foster intercultural awareness. The study advocates for a more scaffolded conceptualisation of intercultural sensitivity development concomitant with immersive teaching modalities and increased engagement.

Bridging the gap: Constitutional rights and evidentiary standards in South African school discipline processes

Katlego Arnold Mashego — 2026-10-22

This paper examined the complex interplay between constitutional rights, administrative justice, and evidentiary standards in South African school disciplinary hearings. It investigated the persistent challenge of balancing the need for institutional discipline with the imperative to protect learners’ rights to fair procedures, dignity, and basic education. Focusing on the role of School Governing Bodies (SGBs), the analysis traverses the constitutional and legislative framework, including the recent Basic Education Laws Amendment (BELA) Act, as well as relevant case law. The study identified critical implementation challenges, primarily stemming from SGBs’ limited legal capacity and systemic resource constraints, which collectively undermine the promise of disciplinary equity. It further evaluated the often-overlooked oversight function of Portfolio Committees on Education in promoting procedural fairness. The findings indicate that despite a sophisticated legal architecture, a significant implementation gap perpetuates injustice. The paper concludes with pragmatic recommendations centred on robust capacity-building for SGBs, the standardisation of evidentiary protocols, and the meaningful integration of restorative justice approaches, thereby contributing to the broader scholarly discourse on transformative constitutionalism within everyday administrative proceedings.