For obvious reasons, deciphering students’ learning needs is one of the hardest aspects of the teaching experience. Generally, I tackle it by managing students’ prior knowledge, encouraging honesty in their expectations, and keenly observing their discussions, presentations and performances in reflective tasks. I also use a servant attitude, an open-door policy, and even self-deprecating humour. Ultimately, two realities mark a meaningful assessment of students’ needs in South Africa. 

First, many South Africans have limited access to high-quality education at the primary and high school levels, despite the formal end of segregation in the early 1990s (Bozalek and Boughey 2012). Second, the political history of South Africa demands that students should not be perceived as clients or customers of universities. Rather, they are stakeholders in an envisioned future of inclusivity, non-discrimination and limitless opportunities. To be meaningful stakeholders, however, students must be self-aware, critical seekers of knowledge. My view, which is strongly linked to my teaching philosophy, probably does not fit well with mainstream literature on the globalisation of universities, which tends to approach higher education from a “free trade” versus “public good” perspective (Jansen 2004:307-8). 

Conscious of these dual realities, I approach students' needs holistically. Unfortunately, the varying range and composition of my classes means that I have no formula for deciphering students’ needs at UWC. My largest class is African Customary Law (ACL), a compulsory modules. With over 400 students, it is difficult to decipher students’ needs through personal interaction. My smallest class is Legal and Cultural Pluralism, which averages six students.

From literature and questionnaires administered in the past, students are mirrors of our society and accurately reflect the state of South African society. Accordingly, I utilise surveys (eg, Draga & Fick 2018; Bozalek & Boughey 2012; UWC 2008, 2012) to decipher student needs. These surveys probed students’ social background, learning context and educational challenges. I also rely on the university’s research projects on students’ experience of teaching and learning, which were conducted to inform the UWC Strategic Plan on teaching, learning and the Charter of Graduate Attributes. Both projects involved second year students reflecting on their first-year experience. 

In no order, surveys reveal the following about students’ learning needs: 

(a) Funding (b) Quality of prior education (c) Emotional and employment conditions of parents (d) Transport (e) Language (f) Part time jobs (g) Cultural background (h) Degree of confidence in lecturers, and (i) State of learning facilities in homes, especially access to the internet. 

Obviously, these factors apply differently to students, and there is little I can do about most of them. For example, one of my students once told me that her academic struggles are because of her unfulfilled calling as a sangoma. To bridge disparities in the prior knowledge of students in the ACL class and meet their varying needs, I blend traditional lecture with a tutorial style. I always pace during classes, and as I do so, I try to assess levels of understanding through searching questions. I also attend some tutorial classes conducted by graduate lecturing assistants.

The LEG 431 module had been in hibernation for several years until I resuscitated it. Being a comparatively small class (of eleven students), I devoted the first lecture to, among others, ‘discovering’ my students' needs with pre-prepared oral questionnaires seeking information about their educational, cultural, religious and financial backgrounds. Aside from their expectations from the module, I probed their parents’ occupation, modes of attending lectures, and schools attended. A few of the students were initially uneasy, but by making my survey lighthearted, I overcame this hindrance. I succeeded in identifying three students with poor prior education and marked them for (successful) pastoral care. 

Significantly, majority of my LEG 431 and LLM students dislike the prevalent style of teaching with PowerPoint slides in the Faculty of Law. They expressed preference for lectures that mirror tutorials and involve detailed explanation of complex concepts like legal pluralism, positivism and transplants. I also discovered that UWC first year students rarely read their prescribed materials ahead of classes, with some even ignoring their detailed course outline, which contains the UWC graduate attributes. Indeed, many students only start tackling their prescribed readings towards the final examination period or to prepare for assignments and tests. Generally, their major concern seems to be the “scope” of the examination questions. Upon enquiry, I learned that they became used to relying on examination scope from the high school. This discovery suggests that we should be cautious about our reliance on students’ prior learning. 

On the other hand, I learned that students with quality prior learning (example those who studied in elite high schools) are better able to interpret prescribed materials, thereby confirming data on the dynamics of student enrolment and performance (Cooper 2015). For example, I invited the top ten students in the ACL 2019 examination to my office. My informal interviews with them revealed that eight of them have excellent educational backgrounds, or had a previous degree (such as a Bachelor of Commerce), or had studied ACL at another university before transferring to UWC. 

            As I stated, deciphering students’ needs is the hardest aspect of teaching. This is complicated by a South African society with a seemingly dysfunctional primary and high school system in which students are barely taught and are simply given the 'scope' of examinations to pass without commensurate hard work. In this regard, I cannot end this section without mentioning the dislike of any form of disciplined approach to teaching by some of my students. Interacting with such students is very challenging.

References 

Boughey, C., 2018. Using the curriculum to enhance teaching and learning. South African Journal of Science, 114(9-10), pp.1-3.

Bozalek, V. and Boughey, C. “(Mis) framing higher education in South Africa” (2012) 46(6) Social Policy and Administration 688-703.

Cooper, D. “Social justice and South African university student enrolment data by ‘race’, 1998–2012: from ‘skewed revolution’ to ‘stalled revolution’” (2015) 69(3) Higher Education Quarterly 237-262.

Draga L. & Fick S. “Teaching and learning survey of Constitutional Law students” (2018).

Jansen, J. D. “Changes and continuities in South Africa's higher education system, 1994 to 2004” in Chisholm L. (ed.) Changing Class: Education and Social Change in Post-Apartheid South Africa (Cape Town and London: HSRC Press and Zed Books, 2004) 293-314.

Leibowitz, B. “Understanding the Challenges of the South African Higher Education Landscape” in Leibowitz, B., Swartz, L., Bozalek, V., Carolissen, R., Nicholls L., and Rohleder P. (eds) Community, Self and Identity: Educating South African University Students for Citizenship (Cape Town: HSRC Press, 2012) 3-18.

Blokland LE “Are universities pathologising student issues?” Mail and Guardian 11 Oct 2019 <https://mg.co.za/article/2019-10-11-00-are-universities-pathologising-student-issues> (accessed 3 December 2019)

University of the Western Cape surveys on students’ learning needs 2008 and 2012. 

Postgraduate supervision

Doctoral degrees – completed

1.  E.A. Okeng (3922600) — ‘Post-1996 service delivery in South Africa: Constitutional and social contract perspectives’ (2019-2022).

2.  L.O. Uche (4113097) — ‘Towards a sustainable approach to single use plastic regulation in Nigeria: A case study of Kenya, South Africa and Rwanda’ [co-supervisor: Dr Van Der Berg] (2021-2023).

3.  N. Eboh (4114678) — ‘Legal pluralism and the law of intestate succession in Southeast Nigeria’ (2021-2024).

Doctoral degrees – ongoing  

4.  Mr. E. Offor (4176804) – ‘Comparative analysis of legal hybridity in Nigeria and South Africa in the context of land ownership’ (since 2021).

5.  Mr G.T. Mandisodza (4283449) – ‘The role of forum shopping in the evolution of customary laws/institutions in the context of women’s land rights in South Africa’ (since 2022).

6.  Ms. N. Makowe (4176804) – ‘A critical legal appraisal of Zimbabwe’s law and policy framework for artisanal mining’ [co-supervisor to Dr Van Der Berg since 2022].

7.  Mr. P.C. Ngove (6304770) – ‘Traditional leadership institutions and promotion of human rights: A case study of Limpopo, South Africa’ (since 2023).

8.  Ms. O.P. Adula (6305167) – ‘Gender neutral legislative drafting: A tool for the protection of human rights’ [co-supervisor: Prof. John-Mark Iyi since 2023]

9.  Ms. Elizabeth Oshiorenoya Oriakhogba (4420094) – ‘Interface of statutory and customary law in child custody: Case study of Etsako Land, Nigeria’ (since 2024).

10.   Ms. Maphoko L. Ditsela (4421959) – ‘Developing a jurisprudence for the right to education to include the right to indigenous education in Black communities’ (since 2024).

11.   Mr. Itai Gift Watinaye (4494754) – ‘A critical analysis of the actio rei vindicatio principle in matrimonial property and its constitutionality in Zimbabwe’ [co-supervisor: Dr Carmel Jacobs since 2024].

12.   Mr. Chuks I. Osagu (4494713) – ‘Unpacking subsidiary instruments as tools for effective implementation of the Nigerian Data Protection Act 2023’ [co-supervisor to Prof. Desmond Oriakhogba since 2024].

13.   Mr. Victor O. Chukwuma (4498253) – ‘Artificial intelligence and the rights of asylum seekers and refugees: considerations for the regulation of AI in Africa’ [co-supervisor to Prof. D. Oriakhogba since 2024].

14.   Mr. Paschal Eruaga (4494690) – ‘A critique of the legal governance mechanism of Nigerian universities using South Africa as a standard’ (since 2024).

15.   Ms. Ndivhuwo Mudzwiri (4282963) – ‘Effectiveness of traditional dispute resolution methods and the role of traditional leaders in resolving paternity disputes in Vhembe District, Limpopo, South Africa’ (since 2024).

16.   Mr. Ernest Muchu Toh (3375958) – ‘A legal framework for the expansion of immigrant-owned enterprises in Cape Town’ (since 2024)

LLM/MPhil – completed

17.   Ms. Kristen-Kay Cloete (3727464) — ‘Bridging the gap between anti-corruption legislation and implementation: A case study of Hantam Local Municipality’ [LLM mini-thesis, December 2024].

18.   Ms. P. Zhakata (3812563) — ‘Risks and benefits of the eradication of African customs by modernity’ [LLM thesis, September 2024].

19.   Ms. P.G. Mbantsa (3515550) — ‘Inadequate representation of women attorneys in the legal profession in South Africa’ (LLM thesis, April 2024).

20.   Ms. K. Aplane (4282971) — ‘Variations in the adoption of children: African jurisprudence versus Western jurisprudence’ [LLM thesis, April 2024].

21.   Mr J.T. Kunyuk (4282882) — ‘Muslim family law and judicial protection of women’s rights in Kenya: An assessment’ [LLM thesis, December 2023].

22.   Ms. P. Mudzwiri (4282963) — ‘Implications of patriarchal customs on the enjoyment of human rights by women and children in South Africa’ [LLM thesis, September 2023].

23.   Ms. T. Akande (4061094) — ‘Comparative analysis of the legal framework of children adopted under customary law’ [MPhil, September 2022].

24.   Mr. B. Gazi (4176668) — ‘Balancing emancipatory legal pluralism and cultural relativism’ [LLM thesis, 2022].

25.   Ms. S. Ngamnteni (4176464) — ‘Judicial balancing of cultural relativism and universalism of human rights in post-apartheid South Africa’ [LLM thesis, December 2022].

26.   Ms. K. Siyubo (4176943) — ‘What is the impact of state laws of gender equality on customary marriages?’ (LLM research paper, 2022).

27.   Ms. L. Mzizi (3550120) — ‘Protection of women under African customary law through international law instruments’ (LLM research paper, 2022).

28.   Ms. F. Ramulifho (2953200) — ‘The impact of Covid-19 on gender-based violence: A South African perspective’ (LLM research paper, 2021).

29.   Ms. L. Ndhlovu (3564020) — ‘Criminalization of prostitution as a human rights violation against women in South Africa’ [LLM thesis, April 2020].

30.   Ms. M. Gamiet (3549695) — ‘Should FGM continue to exist in the name of culture or should it be eliminated through application of the due diligence standard?’ (LLM research paper, 2020).

31.   Ms. M. Regothabetse (3644066) — ‘Comparative analysis of the legislative framework governing the skin lightening industry in South Africa’ (LLM research paper, 2020).

LLM – ongoing

32.   Mr. A. Silo (4485836) — ‘A critical analysis of the judicial attitude to the right to culture in the context of African customary laws’ [since 2024]. 

33. Mr. M. Nkolontsi (4041281) — ‘The rise of universalism: Connecting industrialisation, globalisation, and a New World Order’ [since 2024].