An exploratory case study of the application of the social justice concepts of access, redress and equity in extended bachelor of laws (LLB) programmes at higher education institutions in South Africa

Abstract

This thesis examines how the extended Bachelor of Laws (LLB) programmes at South African universities advance social justice through access, redress and equity for underprepared students from disadvantaged backgrounds. Anchored in a social-legal framework, it critiques post-1994 higher education reforms for having broadened physical access without ensuring equitable outcomes, rendering inclusion superficial in the absence of the conditions for academic success. The study addresses the gap between the ideals of inclusion and the realities of inequality in legal education, posing the central question: How do LLB extended curriculum programmes incorporate access, redress and equity to promote both equity of access and equity of success? Subsidiary questions explore conceptual definitions, the legacy of apartheid, international comparisons and institutional strategies.

Historically, apartheid segregation entrenched inequalities in schooling and resources, necessitating extended programmes as a policy response to ensure progressive access under section 29(1)(b) of the 𝘊𝘰𝘯𝘴𝘵𝘪𝘵𝘶𝘵𝘪𝘰𝘯 𝘰𝘧 𝘵𝘩𝘦 𝘙𝘦𝘱𝘶𝘣𝘭𝘪𝘤 𝘰𝘧 𝘚𝘰𝘶𝘵𝘩 𝘈𝘧𝘳𝘪𝘤𝘢. This research uses a mixed-methods approach to analyse the existing literature, doctrinal policies, historical contexts and empirical data from six universities in South Africa that offer the extended LLB programme. Theoretically, redress requires the dismantling of structural barriers beyond compensation; access extends to epistemological enablement; and equity demands differentiated support for comparable outcomes. Lessons from various international jurisdictions highlight context-specific pathways that may be worthwhile for South Africa to consider in institutionalising equity without compromising quality.

The research concludes that LLB extended curriculum programmes do ultimately promote equity of access as well as equity of success as transformative mechanisms, redefining merit in a contextual sense and empowering graduates as agents of change. However, social justice remains dynamic, requiring sustained resources, innovation and longitudinal evaluation to achieve constitutional transformation in legal education.