Bachelor of Arts in Law

Purpose

The primary purpose of this qualification is to prepare graduates to function effectively in a variety of careers and specialisations in which the disciplines of Law, media and communications science, language and/or criminology intersect. In support of the principles of lifelong learning, the Degree equips students with the insight and skills required for further specialised study, for example, further studies in Bachelor of Laws Degree (LLB).

This three-year Degree is structured in accordance with the Higher Education Qualifications Sub-Framework (HEQSF) guidelines. On the one hand, the Degree will provide students with the knowledge, skills and applied competencies necessary for employment as legal specialists with significant language and communications skills. On the other hand, graduates specialising in media, language and communications will be able to demonstrate in-depth knowledge of critical aspects of modern South African Law.

This qualification, therefore, integrates traditionally independent learning areas into an interdisciplinary Degree. Students should develop essential problem solving, critical thinking and communication skills. Students will be able to work in teams, be adaptable to change, acquire skills and knowledge relevant to both Law and the chosen area of specialisation, and be adequately prepared for a range of professional work environments.

Critical learning is facilitated through exposure to, and application of, specialised and support learning areas in the study and practice of language, communication, criminology and modern South African Law.

There is logical progression of learning. Students are introduced to the more basic and fundamental aspects of their learning areas in the first year and then progress to the higher-order skills of analysis, interpretation and application of the principles and theories of their specialised learning areas during the second and third years of study.

The inclusion of numeracy, reasoning and writing skills and the consideration of ethical issues will address the concerns that have been expressed by the organised legal community with respect to legal education in general.

Graduates will also, depending on the electives they select, gain additional specialised skills in critical thinking, media-related legal issues, communications science and/or criminology. The specific skillsets incorporated into this qualification are designed to present combinations which are attractive to prospective employers, will add value to the work place and will facilitate further study.

The inclusion of Work-Integrated Learning (WIL) and Skills for Law modules will result in graduates who are more work-ready and employable than is currently the norm with legal graduates. The WIL modules, running over two years, will include work-directed theoretical learning, problem-based learning (PBL) and where possible, real workplace learning. The WIL module is dedicated to Alternative Dispute Resolution (ADR). Students are grouped in a 'law-firm' context, an effective strategy supporting the simulated workplace environments required by the practical WIL components found in first- and second-year modules of this qualification.

Throughout the Degree, students will be encouraged to take responsibility for their own learning and its progress, within a well-structured and managed learning environment.

In the first year of study, the foundational and introductory Law modules are offered in conjunction with non-Law modules (three of which are electives from which students need to select one) in order to develop socially integrated law graduates, capable of interacting successfully with society and eventually enabled to access a variety of alternative careers and opportunities for Postgraduate study.

The second year of study focuses on developing the students' range of theoretical and substantive legal knowledge, together with an increased understanding of legal content and structure of the South African legal system. Deeper levels of insight and understanding than was the case in the first year of study are required.

In the second year of study, application of legal sources matures as students engage with decided cases and more advanced academic texts. Students are expected to become conversant with those techniques, allowing the critical analysis and application in practice of legal texts.

Emphasis is placed on positioning the Law modules in the broader South African context, legal system and constitutional dispensation.

The final year focuses on the ability of the student to demonstrate a critical understanding of the disciplines and to present this in the form of original and meaningful solutions to a range of problem scenarios.

As far as the Law modules are concerned, the practical emphasis of the qualification shifts to the development and refining of advanced skills of critical analysis, deductive thinking and the interpretation and application of legal texts:

• In the context of the modules on contract and Labour Law, students are taught how to assess situations, contribute legal opinion and formulate advice to the standard required by the South African legal profession.
• The focus also falls on the communication skills that will allow students to translate their legal knowledge coherently, accurately and comprehensively.
• This qualification adopts a scaffolded approach to skills development. Accordingly, the practical skills and attributes acquired over the past three years will be consolidated in the practical (WIL) component of the year's work.
• This component will culminate in a moot court competition, the final of which will be heard before a (senior) magistrate or a judge of the High Court.

This qualification is designed to graduate students with the ability to think and act intelligently, rationally, strategically, professionally and ethically. The development of a well-rounded knowledge base in the chosen core discipline (communications science, English or criminology) is facilitated in partnership with substantial knowledge of the law, allowing professional entry practice in a broad range of law, media and communications-related careers as well as further studies in either law or the three core areas.

Rationale

In South Africa, prior to 1998, the three-year Bachelor of Arts in Law was the qualification that traditionally gave entry to the Bachelor of Laws Degree (LLB). The LLB Degree was completed after a further minimum of two years of study. Alternative undergraduate Degrees, such as the Bachelor of Commerce in Law or a Bachelor of Science Degree could also supply entry to the LLB Degree. The LLB Degree was therefore a Postgraduate qualification. However, the Qualification of Legal Practitioners Amendment Act 78 of 1997, in operation since 1998, did away with this approach. Since then, students could enrol for a four-year LLB Degree directly after school. The stand-alone undergraduate four-year LLB Degree now provides entry to the statutory legal professions.

Since 1998, there have been numerous calls by organised legal professions, judges and legal academics for the re-introduction of the five-year LLB Degree as a minimum requirement for entry to the legal professions. In 2014, a public university announced the discontinuation of the four-year LLB at that university. The central motivating reason for this was that the Bachelor of Arts (BA) (Law) provides prospective law students with the core competencies and skills (notably reasoning and language skills) required for successful further legal studies. The BA (Law) also encourages an academic interest in Law and opens up trajectories into alternative non-Law careers (such as journalism, Law-related writing or government) where some legal knowledge is useful.

The South African legal system has played a critical role in the country's transition to democracy, forming one of the cornerstones of a constitutional state. In order to entrench the values underlying South Africa (SA)'s Constitution, the effective communication of constitutional values and the building of capacity in the sub-field of Justice in Society is essential. The Bachelor of Arts in Law is specifically designed to facilitate the ability of graduates to do so, enabling them to comprehend, communicate and contribute to the development of these transformative values. This qualification focuses, therefore, on the ability of its graduates to think critically, to understand fully SA's Constitution and its impact on the development of the law, to be concerned with the advancement of social justice, to adhere to the highest ethical standards, and to situate local events within a globalised world.

This qualification has been developed in line with the vision and mission of the institution as a career focused qualification. Consequently, the outcomes of this Degree will ensure that graduates have the knowledge base, theoretical depth, and understanding of methodologies and applied skills relevant to the world of work, as the basis for further study and ongoing lifelong professional development. Hence, the qualification will facilitate entry into a variety of Postgraduate qualifications including articulation into the Bachelor of Laws Degree (LLB), as well as a pathway into a range of careers and vocations requiring the application of Law and practical legal skills in the context of the specialisations offered.

This includes careers as

• Legal advisors (private/public sector, and specialising in media-related law).
• Paralegals (specialising in communications or media-related legal matters such as copyright).
• Legal office personnel.
• Alternative dispute resolution (ADR) practitioners.
• Mediators (commercial, divorce or family law).
• Corporate communications practitioners.
• Legal researchers.
• Court reporters.
• Legal writers, online content managers, editors and publishers.
• Criminologists.

In addition to preparing them for further studies at Level 8 on the Higher Education Qualifications Sub-Framework, graduates will develop the necessary skills to embark on a range of alternative Postgraduate studies and lifelong learning. This qualification is designed to serve as an alternative route to the LLB Degree, which may then be obtained with a minimum two years of further study. To this end, the qualification provides a solid theoretical and practical foundation in modern South African Law. In addition, the broader perspectives provided by the elective modules together with the modules in research methodology, psychology and critical thinking support articulation to Honours-level studies in the areas of English, Communications Science and Criminology.

Examples of further qualifications that graduates may pursue include

• LLB Degrees offered at most public universities in SA. The LLB alone allows entry into the legal professions.
• Bachelor of Arts Honours in Criminology.
• Bachelor of Arts Honours in Communications.
• Bachelor of Arts Honours in English.
• Postgraduate Diploma in Law.

Recognition of Prior Learning (RPL)

The Recognition of Prior Learning can be used to admit no more than 10% of a cohort. The formal RPL process is governed by the relevant policies. RPL processes are qualification specific in that the criteria against which evidence of prior learning must be provided are determined by the learning normally assumed to be in place for qualifications at the relevant level in the field concerned. Instruments are only designed when requests are made. The procedure is governed by the Credit Accumulation and Transfer, Recognition of Prior Learning and qualification Completion Policy.

In addition to RPL, a Credit Accumulation and Transfer (CAT) mechanism exists for access and advanced standing for formal learning from a recognised, registered and accredited institution on a registered and accredited qualification. CAT rules, as proposed by national policy, are applied-no more than 50% of a completed qualification which cannot represent more than 50% of the target qualification will be awarded.

If an applicant applies for an RPL admission, the learning assumed to be in place for the qualification is assessed against Exit Level Outcomes equivalent to the formal learning required for admission. This would include an evaluation of the content as well as the applicant's cognitive and technical competence. Applicants prepare a portfolio against these stated requirements which is then assessed by a team of experts/academics in line with the policy.

Recognition is awarded for

• Learning, and not for experience per se;
• Learning that is on the level of the specific level descriptors of the qualification; and
• Learning that is in line with applied competence and has a balance between theory and practical application appropriate to the subject.

Entry Requirements

The minimum requirements for admission to this Bachelor's Degree are

1. A National Senior Certificate (NSC) with Degree admission.

And

• Minimum 30% in English.
• Minimum 50% for four designated NSC subjects (excluding Life Orientation).

Or

1. A National Certificate (NC) (Vocational) with Degree admission.

And

• Minimum 60% in English (First Additional or Home Language), Mathematics or Mathematical Literacy and Life Orientation.
• Minimum 70% in four vocational subjects.

Or

A Senior Certificate (SC) (with endorsement) or equivalent.

Or

1. A Higher Certificate, an Advanced Certificate, 240 or 360 Credit Diploma in a cognate field.

Additional admission requirement

• A minimum of 50% in English is required on the NSC/SC/equivalent qualification.

This qualification comprises compulsory modules at Level 5, 6 and 7 totalling 362 Credits.

Compulsory Modules, Level 5, 82 Credits

• Fundamentals of the South African Legal System, 12 Credits.
• Law of Persons and the Family 1A, 12 Credits.
• Introduction to Psychology 1A, 12 Credits.
• Foundations of the South African Law, 10 Credits.
• Law of Persons and the Family 1B, 12 Credits.
• Introduction to Psychology 1B, 12 Credits.
• Skills for Law, 12 Credits.

Compulsory Modules, Level 6, 114 Credits

• English for Law, 12 Credits.
• Constitutional Law, 12 Credits.
• Law of Succession, 12 Credits.
• Intellectual Property Law, 10 Credits.
• Media Law and Ethics, 8 Credits.
• WIL (ADR) (Year module), 12 Credits.
• Fundamental Rights, 12 Credits.
• Interpretation of Statutes, 12 Credits.
• Critical Reasoning, Writing and Ethics, 12 Credits.
• Law of Delict, 12 Credits.

Compulsory Modules, Level 7, 80 Credits

• Law of Contract, 14 Credits.
• Labour Law, 12 Credits.
• Introduction to Research, 10 Credits.
• WIL 3 (Year Module), 15 Credits.
• Specific Contracts, 14 Credits.
• Research Practice, 15 Credits.

Elective Modules: Students are required to choose a core discipline (English, Communication or Criminology) for the duration of the qualification.

Elective Modules, Level 5

• English 1A: Introduction to English Studies, 12 Credits.
• Communication Science 1A, 10 Credits.
• Introduction to Criminology 1A, 12 Credits.
• Communication Science 1B, 10 Credits.
• Introduction to Criminology 1B, 12 Credits.

Elective Modules, Level 6

• English 1B: Introduction to English Studies, 12 Credits.
• English 2A: Stories for the South African, 15 Credits.
• Communication Science 2A, 18 Credits.
• Criminology 2A: Forensic Criminalistics, 15 Credits.
• General Principles of Criminal Law, 10 Credits.
• English 2B: Through the Post-Colonial Lens, 15 Credits.
• Communication Science 2B, 18 Credits.
• Criminology 2B: Selected Contemporary Crime Issues, 15 Credits.

Elective Modules, Level 7

• English 3A: Modernism, 20 Credits.
• Communication Science 3A, 20 Credits.
• Criminology 3A: Theories of Crime, 20 Credits.
• English 3B: Postmodernism, 20 Credits.
• Communication Science 3B, 20 Credits.
• Criminology 3B: Approaches and Responses to Crime, 20 Credits.

1. Critically analyse fundamental legal concepts, principles and theories related to underlying values and norms, including those supporting the South African Constitution.
2. Critically evaluate information and evidence from a legal perspective.
3. Work effectively as a team in the legal process.
4. Solve problems ethically and creatively in a given legal and social context.
5. Demonstrate knowledge and understanding of the concepts, principles, theories and practices of the various disciplines in the programme.
6. Solve problems using relevant research methods in theoretical and applied contexts.

Associated Assessment Criteria for Exit Level Outcome 1

• Demonstrate knowledge and understanding of the law.
• Critically analyse legal issues within the provisions of the South African Constitution.
• Discuss ways in which legal principles operate in practice.
• Apply the inner workings of court processes.
• Critically evaluate the relationship between law and society.

Associated Assessment Criteria for Exit Level Outcome 2

• Access appropriate resources in order to source relevant information.
• Critically evaluate information applicable to specific legal issues.
• Act responsibly and ethically with due regard for relevant conventions.

Associated Assessment Criteria for Exit Level Outcome 3

• Use effective communication skills within a team.
• Demonstrate tolerance for the legal opinions of others.
• Communicate the deliberations of a team effectively.
• Work effectively with members of other disciplines or professions.

Associated Assessment Criteria for Exit Level Outcome 4

• Identify the legal principles and associated values applicable to a given scenario.
• Apply the relevant laws to everyday contexts.
• Present different perspectives on the same legal problem.
• Critically evaluate different options for solving a specific legal problem.
• Solve problems related to community, national, regional and international contexts.

Associated Assessment Criteria for Exit Level Outcome 5

• Discuss the significance of contested knowledge in a specific context.
• Interpret current issues using different perspectives.
• Critically evaluate new information and knowledge.
• Apply the relevant principles and practices of a particular discipline.

Associated Assessment Criteria for Exit Level Outcome 6

• Conduct research using appropriate methods in a social context.
• Analyse various sources of information.
• Act responsibly and ethically by applying appropriate referencing techniques.

Integrated Assessment

Assessment Methods and Instruments

Formative Assessment

Learning and assessment are integrated. Continual formative assessment is required so that students are given feedback on their progress in the achievement of learning outcomes. The scheme of work includes assignments, real-world briefs, tests and an integrated programme portfolio based on the learning material. The process is continuous and focuses on smaller sections of the work and limited numbers of outcomes.

Summative Assessment

Summative Assessment is concerned with the judgement of the learning in relation to the Exit Level Outcomes of the qualification. Such judgement must include integrated assessments which test the student's ability to integrate the larger body of knowledge, skills and attitudes that are represented by the Exit Level Outcomes as a whole. Examinations, projects, reports or equivalent assessments, such as a portfolio of evidence, assess a representative selection of the outcomes practised and assessed. Summative Assessment also tests the student's ability to manage and integrate a large body of knowledge to achieve the stated outcomes of a module.

Integrated Assessments will be designed to achieve

• An integration of the achievement of Exit Level Outcomes in a way which demonstrates that the purpose of the qualification as a whole has been achieved.
• The evaluation of learner performance which can provide evidence of applied competence.
• Criterion-referenced assessment which is clearly explained to, and understood by, the students and which can be applied in the Recognition of Prior Learning.