A critical analysis of magistrates' experiences of the peer learning initiative in the KwaZulu-Natal courts : transcending apartheid judicial education?

This dissertation investigates the peer learning activities initiated by the Joint Education and Training Committee (Jetcom) of the kwaZulu-Natal district court magistrates. A core aspect of the study considers how magistrates relate their understandings of peer learning to their professional development, particularly in view of the continued influence of the legacy of apartheid–era judicial education.A brief analysis of the history of the magistracy in the context of the development of South Africa from colonisation, industrialisation, and apartheid to democracy is the basis for a characterisation of judicial education before 1994. The study draws on literature inthe sociology of professions, professional development and peer learning in order to construct a conceptual framework to interpret the peer learning initiative.Data collection involved mainly semi-structured individual interviews and focus group discussions with magistrates. Field notes recorded observations of interactions with and between magistrates and reflections on the research process generally. A thematic data analysis informed the interpretive phase of the analysis. The conceptual framework developed in the literature review informed the critical analysis of the experiences and understandings of the peer learning initiative.Until 1993, the executive controlled and provided the content of the 'apartheid' judicial education of magistrates, compromising their judicial independence.The findings show that some magistrates have used peer learning to try to build equal, reciprocal peer learning relationships; others have used peer learning to retain existing distinctions and inequalities. The Jetcom has succeeded in embedding the peer learning initiative into the authority structures of the magistracy, thereby strengthening its sustainability.Magistrates have used peer learning to respond to various professional development needs. 'Race' and gender have influenced the conception and the implementation of the peer learning initiative.

Grantor dc:publisher.institution

School of Education

Year dc:date.issued

2010

Author dc:creator

• Sardien, Anthony William Patrick

Advisor dc:contributor.advisor

• Cooper, Linda

Language dc:language.iso

eng

Handle dc:identifier.uri

http://hdl.handle.net/11427/11395

OAI identifier oai:identifier

oai:open.uct.ac.za:11427/11395