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The Social Context Training
Cooperation between Sida
and the Law, Race and
Gender Unit, University
of Cape Town
Suki Goodman
Sida Evaluation 07/19
Department for Africa
SWEDISH INTERNATIONAL DEVELOPMENT COOPERATION AGENCY
Address: SE-105 25 Stockholm, Sweden. Offi ce: Valhallavägen 199, Stockholm
Telephone: +46 (0)8-698 50 00. Telefax: +46 (0)8-20 88 64
E-mail: sida@sida.se. Homepage: http://www.sida.se
This report is part of Sida Evaluations, a series comprising evaluations of Swedish development
assistance. Sida’s other series concerned with evaluations, Sida Studies in Evaluation, concerns
methodologically oriented studies commissioned by Sida. Both series are administered by the
Department for Evaluation and Internal Audit, an independent department reporting directly
to Sida’s Board of Directors.
This publication can be downloaded/ordered from:
http://www.sida.se/publications
Authors: Suki Goodman.
The views and interpretations expressed in this report are the authors’ and do not necessarily refl ect those of the
Swedish International Development Cooperation Agency, Sida.
Sida Evaluation 07/19
Commissioned by Sida, Department for Africa
Copyright: Sida and the authors
Registration No.: U 11.6.3 /LRG
Date of Final Report: December 2006
Printed by Edita Communication AB, 2007
Art. no. Sida38694en
ISBN 978-91-586-8227-6
ISSN 1401— 0402
Table of Contents
Executive Summary ……………………………………………………………………………………………………………..3
1. Programme Context ……………………………………………………………………………………………………..5
1.1 Development Context of the Project ………………………………………………………………………………5
1.2 Project History …………………………………………………………………………………………………………….7
1.3 Description of the Project …………………………………………………………………………………………….7
2. The Evaluation Method ………………………………………………………………………………………………….8
2.1 Reasons for the Evaluation, Scope and Focus of the Evaluation
as Outlined in the Terms of Reference …………………………………………………………………………..8
2.2 Approaches and Method used in Conducting the Evaluation ……………………………………………9
2.3 Sources of Data for Implementation Assessment ……………………………………………………………..9
2.4 Limitations of the Study …………………………………………………………………………………………….11
3. Findings ………………………………………………………………………………………………………………………..11
3.1 The Contribution of the Social Context Training within the
Boarder Justice System to Promoting Sustainable Delivery of Equitable Justice for all ………..11
3.2 The Extent to which the Approach has been Institutionalised
and/or Integrated in the Decision-making of Magistrates ……………………………………………..12
3.3 Suitability of Location in the Faculty of Law of University of Cape Town ……………………….16
3.4 Assessing Internal Management ………………………………………………………………………………….18
3.5 The Role of Justice College and other Relevant Structures in
Ensuring Continuity and Sustainability within the System ……………………………………………..18
3.6 Who should be Responsibility for Judicial Education? ……………………………………………………19
3.7 How and to What Extent the Mainstreaming of Gender and HIV/AIDS
has been Covered in the Programme ……………………………………………………………………………22
3.8 Methodology of Workshops, Course Materials and Course Design …………………………………23
3.9 Challenges, Constraints and Achievements ……………………………………………………………………29
4. Conclusions and Recommendations …………………………………………………………………………..35
4.1 Link Participation to Performance Management System ………………………………………………..35
4.2 Research ………………………………………………………………………………………………………………….36
4.3 Capacity Building ……………………………………………………………………………………………………..36
4.4 Needs Analysis …………………………………………………………………………………………………………..36
4.5 Monitoring and Evaluation ………………………………………………………………………………………..37
4.6 Workshop Form …………………………………………………………………………………………………………37
4.7 Organisational Form ………………………………………………………………………………………………….37
4.8 Focus of Future Training Interventions …………………………………………………………………………38
4.9 National and International Linkages …………………………………………………………………………….38
5. Lessons Learned …………………………………………………………………………………………………………..38
References ………………………………………………………………………………………………………………………..39
Appendix 1 Terms of Reference ……………………………………………………………………………………….41
Appendix 2 List of Persons Interviewed ……………………………………………………………………………44
Appendix 3 Best Practice – Underlying Principles of the Canadian System ……………………46
Appendix 4 Theory Evaluation ……………………………………………………………………………………………48

THE SOCIAL CONTEXT TRAINING COOPERATION BETWEEN SIDA AND THE LAW, RACE AND GENDER UNIT, UNIVERSITY OF CAPE TOWN – Sida EVALUATION 07/19 3
Executive Summary
Brief Description of Programme
The Law, Race and Gender (LRG) Unit’s social context training programme for magistrates was
designed with the primary purpose of improving the administration, and implementation, of free and
fair justice in South Africa post 1994. The programme focuses on social context education which aims
to increase awareness of social context issues by magistrates in their courts. The training attempts to
develop the required knowledge and skills necessary for just decision-making in a transforming society.
Similarly, it attempts to provide magistrates with a comprehensive understanding of the spirit of the
South African Constitution (1996).
The programme falls under the ambit of judicial reform interventions. These are interventions designed
to bring about change in judicial processes, structures and systems.
The LRG Unit was established in 1992 as a research and training unit. Its research focus in the early
1990s involved researching issues of race and gender discrimination in the lower court system.
Subsequently training interventions were designed to help magistrates overcome discriminatory
practices inherent in the apartheid court system
Sida began funding the LRG Unit’s programme in 1995. The initial contribution was approximately
SEK 14 million. In 2002 a new application for continued support for 2003–2005 was submitted to the
Swedish Embassy and a further SEK 3 million was awarded for both administration and programme
activities.
The main components of the LRG Unit’s activities involve the design and delivery of social context
training interventions for magistrates in South Africa. These interventions generally take the form of
weekend workshops based on specialised topics. The workshops are usually repeated in main centres
across South Africa.
Purpose and Focus of the Evaluation as Expressed in Terms of Reference
The purpose of the evaluation is twofold. Firstly it is a summative assessment of the LRG Unit’s
programme of social context training for magistrates. Secondly it is a prospective assessment of possible
areas and opportunities for future training interventions.
According to the Terms of Reference Sida/LRG evaluation document the purpose of the evaluation is
to assess the concept, relevance and signifi cance of the LRG Unit’s programme. This aspect of the
evaluation focuses on assessing the implementation of the project in terms of its primary objectives.
It assesses how the structure and management of the unit has contributed to the overall success of the
programme.
It also analyses the successes and challenges experienced over the last ten years.
The scope of the evaluation includes an assessment of the LRG Unit’s institutional arrangements and
governance structures.
The evaluation explores opportunities for future training in terms of content and operations.
4 THE SOCIAL CONTEXT TRAINING COOPERATION BETWEEN SIDA AND THE LAW, RACE AND GENDER UNIT, UNIVERSITY OF CAPE TOWN – Sida EVALUATION 07/19
Summary of Findings, Conclusions and Recommendations
General fi ndings suggest that the LRG Unit’s training programme made signifi cant contributions to the
continuing professional development of magistrates in South Africa post 1994. The LRG Unit’s programme
addressed fundamental and challenging areas in the work of lower court offi cials. The programme
was regarded as being of a high standard and the LRG Unit itself was highly regarded by
numerous sectors of the legal profession.
Some aspects of the LRG Unit’s programme were more successful than others and both the challenges
and constraints and successes are discussed in detail in the report.
The major recommendations of the report suggest that in the future the LRG Unit forge solid working
relationships with key stakeholders like the Magistrate Commission, the lower court management
structures and the various magistrate associations. Social context training is classifi ed as continuous
professional development and input from these stakeholders is essential in developing meaningful
training that targets real learning needs.
Another key recommendation is that the LRG Unit for ground research as an integral part of their core
business. The original mandate of the Unit included both training and research as dual functions yet
very little research has emanated from the Unit over the last fi ve to six years. Research that demonstrates
how the training programme is adding value, to the administration of justice in South Africa, is
critical especially as a way of demonstrating the worth (return-on-investment) of the Unit’s work to
potential donors.
Future programmes should concentrate on further building training capacity within the judiciary
through a consolidated train-the-trainers programme.
There is evidence from other countries that suggest that judges prefer to be trained by other judges.
The peer facilitation strategy employed by the LRG Unit enjoyed some success but the pool of skilled
facilitators was limited and magistrates are not trained in workshop systems and processes.
Peer facilitators need to be drawn into the design of future training interventions as opposed to being
invited to facilitate already developed products. Similarly, greater magistrate involvement is recommended
for future programmes. Magistrate respondents and members of the professional association
recommend the active involvement of magistrates in content and curriculum design of future training
interventions.
A key recommendation from a programme design perspective is that a more comprehensive approach
to establishing training needs is developed. While a thorough and robust needs assessment is often a
lengthy process the benefi ts of generating in-depth information about the target population’s skills
development needs will help ensure the development of appropriate training content and curriculum.
A further recommendation of this report is that programme evaluation could be more integrated into
the programme; as opposed to sit outside of it. Evaluation should not be something that is tacked on at
the end of a programme but should offer ongoing support through constant monitoring and evaluation.
The LRG Unit was established at a particular moment in South Africa’s history. The nature, form,
scope and structure of the Unit were appropriate for the historical time in which it was conceived.
When thinking about the future of the LRG Unit it is important to recognise that the judicial education
context in 2006/2007 differs vastly from early/mid 1990s. Suggestions and recommendations for
changes in the social context training programme and the confi guration of the Unit itself refl ect
multiple factors in both the external and internal organisational environment in which the LRG Unit
currently operates.
THE SOCIAL CONTEXT TRAINING COOPERATION BETWEEN SIDA AND THE LAW, RACE AND GENDER UNIT, UNIVERSITY OF CAPE TOWN – Sida EVALUATION 07/19 5
The state of judicial education in South Africa is under review. A particularly important development
in this regard is a proposal for the development of a national judicial education institute under the
auspices of the Offi ce of the Chief Justice. If the plans for this institute materialise the role of an
organisation like the LRG Unit will shift dramatically. The evaluation report discusses possible future
training opportunities and lessons learned over last eleven plus years.
1. Programme Context
1.1 Development Context of the Project
“The love of rationalistic simplifi cation … leads people to think that in the mere technicalities of law
they possess the means and the power to effect unlimited changes … [Such an illusion is] cherished by
lawyers who imagine that, by drafting new constitutions and laws they can begin the work of history all
over again, and know nothing of the force of traditions, habits, associations, and institutions.”
(de Ruggiero, 1927, p.20)
The Law, Race and Gender (LRG) Unit’s training programme is designed to contribute to the eradication
of discrimination in the administration of justice by magistrates in South Africa. Up until 1992
there was very limited research into this area. The LRG Unit was established initially as a research institute
to conduct formal investigations into matters of race and gender discrimination in the South
African legal system. The research emanating from the LRG Unit and other quarters documented the
problems with the lower court system which, at the time, was characterised by racial and gender
discrimination (Budlender, 1992; Currin, 1992; Currin & McBride, 1993; Dissel & Kollapen, 2002;
Koen, 1995; Mahomed, 1988; Murray, 1995; O’Sullivan, 1994; Sarkin & Wolpe, 1999).
The various apartheid laws created a formal legalised system of racial inequality. Similarly, the administration
of justice through the courts and informal court practices involved discrimination based on race
and gender (Dissel & Kollapen, 2002). These discriminatory practices emanated from National Party
policies and resultant laws that produced criminal sanctions to support the apartheid system (Dissel &
Kollapen). Criminal sanctions were employed to curb resistance to apartheid and were an integral part
of the human rights abuses that took place under National Party rule. Judicial offi cers working in this
system were historically almost exclusively white males (Govender, 1997). The South African judicial
system has a legacy of differential and unequal access to justice.
The problem of racial discrimination in South African courts has been particularly apparent in the
lower courts or magisterial courts, which were dependent and accountable to the executive branch of
the apartheid government (Murray, 2003). In the apartheid era magistrates were public servants and
were generally recruited from areas in the public service as opposed to the legal community (Kgalema
& Gready, 2000). As public servants they were controlled by the Department of Justice and were
essentially instruments of the state. Magistrates’ status as public servants only changed with the Assessment
of the Magistrates’ Act (1993). These factors, amongst others, meant that the lower courts were ill
equipped for their role in a post-apartheid, democratising society and were unprepared for the demands
of the new constitution. While the higher courts are in charge of interpreting legislation and establishing
the standard of justice, the lower courts are at the “frontline” of the judicial system in South Africa.
Most people come into contact with the lower court when engaging with the judicial system (Kgalema
& Gready, 2000). The imperative for increasing the independence and effi cacy of the lower courts is
illustrated in the following quotation
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SWEDISH INTERNATIONAL DEVELOPMENT COOPERATION AGENCY
S-105 25 Stockholm, Sweden
Tel: +46 (0)8-698 50 00. Fax: +46 (0)8-20 88 64
Telegram: sida stockholm. Postgiro: 1 56 34–9
E-mail: info@sida.se. Homepage: http://www.sida.se

http://www.iea.org/Textbase/subjectqueries/keyresult.asp?KEYWORD_ID=4124

http://www.worldenergyoutlook.org/docs/weo2008/WEO2008_es_arabic.pdf

http://www.iea.org/textbase/pm/?mode=re&action=view&country=Egypt

http://www.nrea.gov.eg/english1.html

الطاقة المتجددة

Lands for the projects :

It is planned to sign land lease agreements for the lands hosting wind farm projects, in order to improve the economics and encourge the private sector to be involved in wind energy.Wind Atlas for Egypt indicates that ther are many promising areas to host wind energy projects, particularly on the Gulf of Suez, East & West of the Nile Valley. Currently proceduers are being taken to earmark the following areas

(a) 1300 km2  as an extention of NREA site at the North of Gabal El-Zayt (b) Areas at upper Egypt – 604 km2 East of Nile River, Governorates of  Bani Swaif  & Al-Menia. – 4236 km2 West of Nile River, Governorates of  Bani Swaif  & Al-Menia. – 1611 km2 East of Nile River, Governorates of  Al-Menia & Assuit.

NREA contributes in developing and localizing some equipment of the biomass systems to be coped with the Egyptian conditionsby participating in some pilot projects.

1- “Developing a Complementary Mobile Briqueting System for Plant Residues in the Field” project, in cooperation with the Academy of Scientific Research & Technology: · The system consists of an agriculture waste grinder, a dyer, compressor to produce 300 – 400 ton briquettes / hour, in addition to use the briquettes for domestic purpose to an oven and stove. The items of the system were manufactured and tested except the dryer and screw conveyor which are currently being manufactured .

2- Developing a Clean Small Carbonization System, in cooperation with US-Egypt Joint Science & Technology Board affiliated to the Academy of Scientific Research & Technology: · The concept of the project is to heat wastes and wood in an evacuated closed container to produce Wooden Gases, which will be sucked to a burring room of an oven of heating charcoal. The access of the gases will be burnt outside, the burning room in order to control the required heating rate.The relevant experimental model was manufactured and tested at NREA’ lab. · Presently, a demo model for a commercial system is being manufactured in cooperation with Abab Contractors Co., for testing and evaluate the performance of the system in the prevailing conditions. Meanwhile, the design of the commercial system of 1-3 ton charcoal /  day capacity is finalized.