Bachelor of Laws

Purpose

This qualification is designed to foster the ideals of transformative constitutionalism so as to enable students to think critically, be able to understand the constitution and its impact on the development of the law, be concerned with the advancement of social justice, and adhere to the highest levels of ethical legal practice, and be able to situate local events within a globalised world. It will equip students with the necessary theoretical background, professional-practice skills and thorough understanding of the distinct methodologies required for the professional practice of law and the administration of justice in the modern South African Constitutional State.

Students of this qualification will be equipped to graduate as socially conscious, skilled, knowledgeable and value driven citizens. Through innovative approaches to legal education, the Bachelor of Laws Degree will deliver graduates who are able to:

• Think and act professionally, ethically, responsibly and compassionately.
• Express themselves clearly and logically.
• Explore alternative and less confrontational methods of dispute resolution.
• Contribute meaningfully to the promotion of our constitutional democracy.

The inclusion of numeracy, literacy and writing skills and the effective use of technology will address the concerns that have been expressed by the organised legal community (including both practitioners and educators) with respect to legal education.

The strong focus on Work Integrated Learning (WIL) and professional legal practice that runs throughout this qualification will also result in graduates who are more work-ready and employable, than is currently the norm with legal graduates. The WIL modules, running throughout the four-years of the programme, will include work-directed theoretical learning, Problem-Based Learning (PBL) and, real work-place learning.

This Degree will therefore equip graduates with the necessary theoretical background, professional-practice skills and thorough understanding of the distinct methodologies required for the professional practice of law and the administration of justice in the modern South African constitutional state.

The five underlying themes of this qualification viz. (i) a sound pedagogical foundation for the teaching of ethics in law, (ii) integrative law (where alternative modes of addressing conflict in society are explored through, for example, the principles of restorative justice and therapeutic jurisprudence), (iii) legal-professional practice, (iv) social responsibility, and (v) the promotion of our national constitutional democracy, will combine to produce a graduate who is socially and ethically aware, compassionate and responsible.

The inclusion of numeracy, literacy and writing skills and the effective use of technology will address the concerns that have been expressed by the organised legal community (including both practitioners and educators) with respect to legal education.

The strong focus on Work Integrated Learning (WIL) and professional legal practice that runs throughout this qualification will also result in graduates who are more work-ready and employable, than is currently the norm with legal graduates. The WIL modules, running throughout the four-years of the programme, will include work-directed theoretical learning, problem-based learning (PBL) and, real work-place learning.

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.

A mini dissertation, which incorporates a supervised research component in an area of law, will further develop capacity and expertise in the methodology of legal research.

Rationale

The South African legal system has played a critical role in the country's transition to democracy, and has been the cornerstone of a constitutional state. In order to entrench the values underlying the Constitution, it is therefore necessary to build capacity in the sub-field of Justice in Society.

This qualification will prepare students for further Postgraduate academic studies and continuing lifelong professional development. Graduates will be able to demonstrate initiative and take responsibility in the legal professional or academic contexts, and be prepared to adapt to new areas of practice.

This qualification will prepare graduates for access into the traditional careers of legal practice within the minimum allowed periods. The qualification will also facilitate entry into a wide range of alternative career-paths and vocations requiring the application of law and practical legal skills. In addition, this Degree will prepare students for Postgraduate studies and for ongoing lifelong professional development.

The rationale of this qualification is therefore fourfold it is to

• Present students with access to higher education.
• Qualify students for legal and/or advisory careers in a variety of economic sectors, both public and private.
• Provide a platform for further legal studies.
• Prepare students for a career in professional legal practice.

Graduates will be able to apply for admission as a legal practitioner in accordance with the applicable legislation. Careers include, but are not limited to:

• Advocate.
• Attorney.
• Prosecutor.

In line with the purpose of this qualification, they will also be able to apply a well-rounded theoretical and practical knowledge base and professional entry practice across a broad range of alternative specialisations, careers, enterprise types and industries in both the public and private sectors. Career opportunities exist in, amongst others:

• Advisor at one of the institutions supporting constitutional democracy.
• Alternative dispute resolution.
• Community law advising/Advice office advisor.
• Corporate governance.
• Corporate legal advising.
• Divorce and family-law mediation.
• General commercial mediation.
• Legal advisor in the public sector.
• Legal education/academia.
• Legal researcher.
• Legal writer or editor.
• Non-governmental organisation legal advising.

This qualification will also prepare graduates to continue their law studies at Level 9.

Recognition of Prior Learning (RPL)

RPL can be used to admit a cohort of students which 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 level concerned in the field concerned. Instruments are only designed when requests are made as they are expensive to design, implement and assess. The procedure is governed by the Credit Accumulation and Transfer, RPL and Qualification Completion Policy (IIE010).

In addition to RPL a Credit Accumulation and Transfer (CAT) mechanism exists for access and advance standing for formal learning from a recognised, registered and accredited institution on a registered and accredited qualification.

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/unit standard.
• Learning that is in line with applied competence and has a balance between theory and practical application appropriate to the subject or unit standard.

With respect to students who wish to gain access to this qualification after having studied at another institution, the following rules apply:

• The standard minimum duration of a qualification leading to this qualification is four years. However, accredited providers may specify that students holding any Bachelor's degree qualification can undertake a suitable qualification meeting the Exit-Level Outcomes and assessment criteria of this qualification, in order to acquire this qualification with only three years of learning after access.
• Students holding a Bachelor's Degree qualification with sufficient credits in the discipline of law may be permitted to complete the LLB qualification with only two years of learning after access.
• Students who have successfully completed the National Diploma or National Certificate in Paralegal Practice at an accredited higher education service provider can access the qualification and will be given appropriate recognition for the applicable prior learning thus attained.

The minimum entry requirement for this qualification is

• National Senior Certificate (NSC) granting access to Bachelor Degree studies and with appropriate subject combinations.

Or

• Senior Certificate with endorsement and with appropriate subject combinations.

Or

• A NC(V) Level 4, granting access to Bachelor Degree studies and with appropriate subject combinations.

Or

• An Advanced Certificate in Legal Studies or a cognate discipline.

Or

• A 240 or 360 Credit Diploma in Legal Studies or a cognate discipline.

Or

• An advanced Diploma in Legal Studies or a cognate discipline.

Or

• A Higher Certificate in Legal Studies or a cognate discipline.

This qualification comprises compulsory modules at Levels 5, 6, 7 and 8 totalling 515 Credits.

Compulsory Modules, Level 5, 100 Credits

• Law of Persons and the Family 1A, 12 Credits.
• Law of Persons and the Family 1B, 12 Credits.
• Work Integrated Learning 1, 15 Credits.
• Introduction to Scholarship 1A, 8 Credits
• Introduction to Personal Computing, 5 Credits.
• Foundations of South African Law, 12 Credits.
• General principles of Criminal Law, 12 Credits.
• Fundamentals of the South African Legal System, 12 Credits.
• Accounting for Law, 12 Credits.

Elective Modules, Level 5, 24 Credits (select one stream)

• Introduction to Psychology 1A*, 12 Credits.
• Introduction to Psychology 1B*, 12 Credits.

Or

• Introduction to Sociology 1A*, 12 Credits.
• Introduction to Sociology 1B*, 12 Credits.

Or

• Business Management 1A*, 12 Credits.
• Business Management 1B*, 12 Credits.

Or

• Communication Science 1A *, 12 Credits.
• Communication Science 1B *, 12 Credits.

Compulsory Modules, Level 6, 126 Credits

• Constitutional Law, 12 Credits.
• Fundamental Rights, 12 Credits.
• Work Integrated Learning 2, 8 Credits.
• Administrative Law, 12 Credits.
• Criminal Procedure, 12 Credits.
• Law of Succession, 12 Credits.
• Law of Delict, 12 Credits.
• Specific Offences, 12 Credits.
• Interpretation of Statutes, 12 Credits.
• Legal Diversity, 10 Credits.
• English for Law, 12 Credits.

Compulsory Modules, Level 7, 140 Credits

• Law of Contract, 14 Credits.
• Specific Contracts, 14 Credits.
• Civil Procedure, 20 Credits.
• Work Integrated Learning 3, 20 Credits.
• Law of Property, 12 Credits.
• Labour Law, 12 Credits.
• Methods of Payment Law, 12 Credits.
• Law of Evidence, 12 Credits.
• Law of Insolvency, 12 Credits.
• Intellectual Property Law, 12 Credits.

Compulsory Modules, Level 8, 77 Credits

• International Law, 12 Credits.
• Law of Enterprise Structures, 12 Credits.
• Jurisprudence, 12 Credits.
• Work Integrated Learning 4, 14 Credits.
• Legal Ethics, 12 Credits.
• Research Methodology, 15 Credits.
• Legal Research Practice, 15 Credits.

Elective Modules, Level 8, 48 Credits (select four modules)

• Integrative Law, 12 Credits.
• E-Commerce Law, 12 Credits.
• Capita Selecta: Private Law, 12 Credits.
• Tax Law, 12 Credits.
• Corporate Governance, 12 Credits.

1. Apply relevant methods, techniques and strategies involved in legal research and problem solving in theoretical and applied situations.
2. Obtain detailed knowledge about, and the ability to critically analyse fundamental legal concepts, principles and theories and to relate these principles and theories to underlying values and norms, including to those norms and values supporting the Constitution.
3. Collect, organise, analyse and critically evaluate information and evidence from a legal perspective.
4. Display adequate written and oral advocacy skills and the ability to communicate effectively in a legal environment.
5. Resolve complex and diverse legal problems creatively, critically, ethically and innovatively.
6. Work effectively with colleagues and other role players in the legal process as a team or group and contribute significantly to the group output.
7. Display computer literacy and numeracy skills to effectively communicate, retrieve and process relevant data in a legal environment.
8. Solve problems ethically and creatively in a given legal and social context.

Associated Assessment Criteria for Exit Level Outcome 1

• Conduct research using different methods, such as comparative and historical research, in a social context.
• Use research using appropriate techniques and methods of retrieving sources of law by using, inter alia a variety of legal electronic databases.
• Analyse and interpret the various sources of law.
• Act responsibly and ethically as researcher and a scholar through proper referencing of resources referred to.

Associated Assessment Criteria for Exit Level Outcome 2

• Acquire knowledge and understanding of the law.
• Acquire the ability to critically analyse and comment upon the law.
• Acquire knowledge and understanding of, and ability to critically analyse and comment upon current and controversial legal issues, bearing the provisions of the Constitution in mind.
• Develop an understanding of how legal principles operate in practice.
• Acquire the requisite legal drafting skills to equip them in understanding the inner workings of court processes.
• Develop the ability to explain, critically analyse and comment upon the relationship between law and society.

Associated Assessment Criteria for Exit Level Outcome 3

• Use library, legal databases, internet facilities and other resources effectively to locate relevant material.
• Analyse and critically evaluate all relevant material and is able to sort and select relevant material applicable to the particular legal issues.
• Act responsibly and ethically, with due regard for applicable conventions.

Associated Assessment Criteria for Exit Level Outcome 4

• Analyse, communicate, understand and argue different points of view coherently and persuasively, and evaluate and substantiate legal argument by reliance on the relevant authorities.
• Take and record instructions and advise the client.
• Draft relevant legal documents.

Associated Assessment Criteria for Exit Level Outcome 5

• Find the relevant sources and authorities to solve legal problems.
• Select the most authoritative legal sources to solve problems.
• Consider and critically evaluate different solutions to a problem having regard to practical considerations, legal policy, systems and after due consideration that problems do not exist in isolation.

Associated Assessment Criteria for Exit Level Outcome 6

• Use effective communication skills within the group.
• Respect and tolerance for the legal opinion of others.
• Communicate the deliberations of group work effectively.
• Work effectively with members of other professions or disciplines.

Associated Assessment Criteria for Exit Level Outcome 7

• Communicate by using electronic mail including other methods of electronic communications.
• Search and retrieve information over the Internet using search engines and electronic facilities, including the use of legal databases.
• Use word-processing software, including spreadsheets.

Associated Assessment Criteria for Exit Level Outcome 8

• Identify the legal principles together with the underlying values applicable to a given situation.
• Relate everyday situations to the law.
• Identify legal problems in real-life or simulated factual situations.
• Present different perspectives on the same legal problem.
• Use knowledge base to evaluate critically different options in solving a practical legal problem.
• Evaluate problematical scenarios occurring at the local, national, regional and international levels and is able to suggest a responsible course of action in order to solve such problems.

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 qualification portfolio based on the learning material and students are given feedback. 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 student 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.