Bachelor of Laws

Purpose

The purpose of the Bachelor of Laws qualification is to equip learners with the knowledge and appreciation of the values and principles enshrined in the Constitution of the Republic of South Africa, 1996. This qualification promotes a critical understanding of theories, concepts, ethics, perspectives, methodologies, and procedures of the discipline and sub-disciplines of law, it also establishes the ability to apply the acquired knowledge appropriately to academic, professional and career contexts. The qualification enables learners to take responsibility and be accountable for applying the law in academic, professional, and societal contexts. It also provides opportunities for upward mobility, between the different sectors of the law as well as the different sectors of the economy if pursuing a career in the commercial environment.

This qualification aims to produce competent, skilled, and dynamic legal learners, equipped with a firm knowledge and understanding of the relevant legal principles. It will furthermore provide the necessary preparation for master's level study and develop research capacity in the methodology and techniques of the discipline.

Upon completion of this qualification, qualifying learners will be able to

• Apply skills, knowledge and values acquired to practical scenarios and research with the desire to uphold the values of the Constitution of the Republic of South Africa, 1996.
• Play an active part in redressing the inequalities of the past by drawing guidance from the fundamental philosophies of Batho Pele (people-first) and ubuntu.
• Demonstrate ethical and responsible behaviour to contribute to a just society governed by the rule of law, and with due consideration for the advancement of human rights.
• Present information and evidence professionally to address legal challenges.

This qualification is designed to foster theoretical engagement, application to real-world scenarios and intellectual independence. The qualification strengthens and deepens learners' knowledge and equips them to qualify as well-rounded legal practitioners with advanced and specialist knowledge, relevant competencies, and lifelong learning skills in law. Learners will demonstrate these competencies in the context of the challenges inherent in a rapidly changing national and global business environment such that they are equipped as responsible professionals who are suitably qualified to fulfil the responsibilities and practices required of well-rounded jurists.

Rationale

This qualification recognises the skills and knowledge expected of stakeholders or individuals seeking positions in the law environment, which includes formal legal practice and other careers which require understanding and application of the law. The qualification is designed to equip learners for the demands of the legal and academic environments in democratic South Africa, as well as to take responsibility in relevant societal contexts. This qualification aims to produce competent, skilled, and dynamic legal learners equipped with a firm knowledge and understanding of the relevant legal principles. It furthermore provides the foundation for master's level study and develops research capacity in the methodology and techniques of the discipline.

Learners with this qualification may therefore become Legal Advisors, Prosecutors, Attorneys, Advocates, Magistrates, and Judges. Learners will also be able to take up posts in the commercial environment as Legal advisors, Company Secretaries and Chief Executive Officers (CEOs). Learners will be able to utilise their knowledge when embarking on a journey of entrepreneurship. The flexible structure of the qualification enables individuals and legal bodies to assist in selecting outcomes that meet the diverse roles and contexts required by the profession.

This qualification will provide a framework of knowledge and skills needed in the legal fraternity as well as the public sector. This will be essential to progress along a career path for learners who wish to extend their range of skills and knowledge of the field of law to become knowledgeable workers and/or practitioners, able to make a difference in the relatively new democracy.

The qualification will allow the learner to work towards a nationally recognised complete qualification. The qualification will allow those in formal education and those already employed in organisations access due to its flexibility. The qualification has building blocks that can be developed further and will lead to a more defined specialised career path at a Master's degree level.

Investing in education is critical to economic and social development in Africa, especially in providing its people with greater opportunities for personal and collective advancement. The Qualification for the Transformation on Higher Education: Education White Paper 3 (DoE, 1997) is clear regarding the importance of training effective role-players in all fields, especially with the view of addressing the imbalances of the past. Human resource development: the mobilisation of human talent and potential through lifelong learning to contribute to the social, economic, cultural, and intellectual life of a rapidly changing society.

There is a clearly defined goal to develop learners on a national level for entry into legal practice or into a wide range of other careers, which require the application of law, and for post-graduate learners in law (Qualification Standard for Bachelor of Laws, CHE, 2015:8). The Institution focuses especially on national needs and, in line with our mission statement, specifically on the need for quality, accessible, and recognised education in the field of law.

However, the LLB Standard was followed and applied in the development of the LLB. The Legal Practice Act 28 of 2014 (that commenced incrementally from 2015 to 2023) created a single Legal Practice Council to regulate the legal practice but it has not assigned any powers to the Council to endorse qualifications. Section 26 of the Legal Practice Act 28 of 2014 sets a South African LLB as the minimum legal qualification for entry into the traditional practice (attorneys and advocates).

Recognition of Prior Learning (RPL)

The institution has an approved Recognition of Prior Learning (RPL) policy applicable to equivalent qualifications for admission into the qualification. RPL will be applied to accommodate applicants who qualify. RPL thus provides alternative access and admission to qualifications, as well as advancement within qualifications.

RPL for access

• Learners who do not meet the minimum entrance requirements or the required qualification that is at the same NQF level as the qualification required for admission may be considered for admission through RPL.
• To be considered for admission in the qualification based on RPL, applicants should provide evidence in the form of a portfolio that demonstrates that they have acquired the relevant knowledge, skills, and competencies through formal, non-formal and/or informal learning to cope with the qualification expectations.

RPL for exemption of modules

• Learners may apply for RPL to be exempted from modules that form part of the qualification. For a learner to be exempted from a module, the learner needs to provide sufficient evidence in the form of a portfolio that demonstrates that competency was achieved for the learning outcomes that are equivalent to the learning outcomes of the module.

RPL for credit

• Learners may also apply for RPL for credit for or towards the qualification, in which they must provide evidence in the form of a portfolio that demonstrates prior learning through formal, non-formal and/or informal learning to obtain credits towards the qualification.
• Credit shall be appropriate to the context in which it is awarded and accepted.

Entry Requirements

The minimum entry requirement for this qualification is

• National Senior Certificate, NQF Level 4 granting access to bachelor's degree studies.

Or

• Senior Certificate, NQF Level 4 with endorsement.

Or

• National Certificate Vocational (NCV), NQF Level 4 granting access to the bachelor's degree studies.

Or

• Higher Certificate in Law, NQF Level 5.

This qualification consists of the following compulsory and elective modules at National Qualifications Framework Levels 5, 6, 7 and 8 totalling 490 Credits.

Compulsory modules, Level 5, 100 Credits

• Introduction to Law, 20 Credits.
• Legal Skills, 20 Credits.
• Legal Foundations, 20 Credits.
• African Studies, 20 Credits.
• Introduction to Leadership and Ethics, 20 Credits.

Compulsory modules, Level 6, 140 Credits

• Social Justice, 20 Credits.
• Law of Persons, 10 Credits.
• Family Law, 10 Credits.
• Law of Succession, 20 Credits.
• Law of Contract, 20 Credits.
• Statutory Interpretation, 20 Credits.
• Labour Law, 20 Credits.
• Human Rights Law, 10 Credits.
• African Customary Law, 10 Credits.

Compulsory modules, Level 7, 130 Credits

• Administrative Justice, 10 Credits.
• Constitutional Law, 20 Credits.
• Criminal Law, 20 Credits.
• Special Contracts, 10 Credits.
• Company Law, 10 Credits.
• Jurisprudence in an African Context, 10 Credits.
• Law of Property, 20 Credits.
• Law of Delict, 20 Credits.
• Insolvency Law, 10 Credits.

Compulsory modules, Level 8, 110 Credits

• Legal Research Methodology, 10 Credits.
• Legal Research Essay, 20 Credits.
• Civil Procedure, 20 Credits.
• Criminal Procedure, 20 Credits.
• Law of Evidence, 20 Credits.
• Law of Damages, 10 Credits
• International Law, 10 Credits.

Elective modules, Level 8, 10 Credits: (Choose one from the following)

• Intellectual Property Law, 10 Credits.
• Law Relating to Business Distress, 10 Credits.
• Legal Strategy, 10 Credits.
• Practical Legal Training, 10 Credits.
• Alternative Dispute Resolution, 10 Credits.

Exit Level Outcomes

1. Apply fundamental legal and related concepts, principles, theories, methods, techniques, and strategies through legal research to solve legal problems.
2. Act as a responsible practitioner of law through the application of constitutional values and related legal principles.
3. Analyse information and evidence critically to evaluate and develop arguments relevant to a particular legal challenge in a specific context.
4. Present information and evidence professionally to address legal challenges.
5. Demonstrate ethical and responsible behaviour to contribute to a just society governed by the rule of law, and with due consideration for the advancement of human rights.

Associated Assessment Criteria for Exit Level Outcome 1

• Illustrate knowledge of aspects of private, public, and mercantile law.
• Analyse and comment on the law.
• Explain and critically analyse the law in various contexts.
• Find, select, organize, use, and evaluate legal information.
• Solve complex legal problems in various contexts.
• Apply advanced knowledge of selected areas of the law.

Associated Assessment Criteria for Exit Level Outcome 2

• Illustrate the capacity and accountability of the legal practitioner to shape and transform the legal system and to promote social justice.
• Promote constitutional principles and values.
• Illustrate an understanding of the functions of the role players and the legal processes of a constitutional state.

Associated Assessment Criteria for Exit Level Outcome 3

• Read and interpret legal information.
• Exemplify knowledge of the dynamic nature of law and its relationship with relevant political, economic, commercial, and social contexts.
• Analyse texts or scenarios to identify key issues.
• Explain how the law balances competing interests in society.
• Determine and identify the authoritative value of various sources of legal information.
• Make critical judgments on the merits of different arguments.

Associated Assessment Criteria for Exit Level Outcome 4

• Apply effective communication skills in various contexts.
• Exemplify familiarity with legal discourse.
• Use techniques of legal reasoning, methodology and argumentation to research credible conclusions.
• Present reasoned choices in the event of alternative solutions for an identified issue.
• Illustrate academic integrity in research.
• Use technology to access legal information and to present, evaluate and communicate research.

Associated Assessment Criteria for Exit Level Outcome 5

• Recognize and reflect on the role of law in South African society (and beyond).
• Apply knowledge of ethical considerations in law.
• Act ethically and with integrity within the institution and beyond.