Bachelor of Laws

Purpose

The purpose of the Bachelor of Laws qualification is to offer a broad education that prepares well-rounded learners for multiple career pathways and post-graduate studies. The qualification is, however, designed in such a manner that it creates a foundation for graduates to be successful in any legal-focused career of their choice and is therefore not only applicable to those learners wanting to pursue a career as a legal practitioner, despite this being the primary focus of the qualification.

This qualification aims to develop learners who possess systematic and coherent knowledge and understanding of South African legal concepts, a high level of cognitive and other skills (such as problem-solving and practical application of legal principles, written and spoken communication, numeracy, and computer literacy) as well as competence in applying knowledge through basic research methods and practice. A successful learner will be an independent thinker, a clear and persuasive communicator, and someone who stands out due to their ability to use information technology effectively to solve problems and provide solutions that are viable within the given legal and social context.

Upon completion of the qualification, a qualifying learner will be able to

• Demonstrate a critical understanding of the discipline of law and the dynamic nature of law and its relationship with relevant contexts such as political, economic, commercial, social, and cultural contexts.
• Demonstrate knowledge and appreciation of the values and principles enshrined in the Constitution, with an emphasis on transformative constitutionalism.
• Demonstrate an ability to transform South Africa's political and social institutions and power relationships through non-violent processes grounded in law.
• Apply the law ethically and appropriately to academic, professional and career contexts.
• Acquire academic and computer literacy to effectively communicate, present, retrieve and process relevant data in a (globalised) legal environment; and
• Account and take responsibility in academic, professional, group/team and relevant societal contexts.

Rationale

The Bachelor of Laws aims to deliver and provide accessible education to improve the quality of education in South Africa. To this end, the LLB seeks to enhance, uplift, and improve the quality of legal education in South Africa by offering an accessible LLB via the distance mode of delivery.

The core knowledge areas and competencies which have guided the development of this qualification include transformative constitutionalism, cyber or ITC law, social justice, legal consciousness (an understanding of the dynamic nature of law and its relationship with relevant contexts such as political, economic, commercial, social, and cultural contexts), ethics and integrity as well as communication and literacy. Considering that legal professionals are required to write ethically, skilfully, and accurately (Cautioning the careless writer: The importance of accurate and ethical legal writing*, S van der Merwe, Journal for Juridical Science, 2014), the conceptual framework and assessment strategies ensure that learners are well placed to become ethical, accurate and persuasive oral and written communicators.

This qualification incorporates Work Integrated Learning and possesses various components wherein our learners are required to contribute to society. For example, the module purpose of Street Law is to encourage learners to utilise their knowledge and competencies gained during the first three years of their studies to uplift their communities before they enter the professional work environment. Learners are required to draw on the competencies and knowledge that they have gained during the qualification as well as conduct further legal research on areas of relevance -on the street' to present to lay persons within their communities about laws that affect them in their everyday lives.

Owing to the intuition's national footprint and the distance mode of presentation of this qualification, the learner body is spread throughout South Africa. This ensures that even prior to graduation, learners will begin uplifting and contributing to society, as well as be capable of acknowledging the capacity, agency, and accountability of legal practitioners in shaping and transforming the South African legal system, by promoting social justice goals of fairness, legitimacy, efficacy, and equity; all of which will contribute to an awareness that the law is fundamental to nation building in South Africa.

On a global scale, legal practice, like the greater professional work environment, has and continues to evolve due to the ever-increasing use of information technology. Learners will acquire robust computer literacy skills to effectively communicate, present, retrieve and process relevant data in the (globalised) legal environment.

Recognition of Prior Learning (RPL)

RPL for exemption of modules

The institution's existing RPL policy and practices will be applied in relation to the LLB. The principles of recognising learning that has already taken place will be applied at a modular level.

RPL for credit

The institution follows the CHE's Policies on the Recognition of Prior Learning, Credit Accumulation and Transfer, and Assessment (CHE, 2016) and in accordance with the policy, learners applying for admission to the programme via RPL can only be exempted from a maximum of 50 % of the programme modules.

Learners must demonstrate their prior learning either through evaluation/verification and/or assessment. Each application will be considered on a case-by-case basis and learners will enter discussions with the RPL advisor to determine the requirements for the RPL assessment/portfolio of evidence.

Although learners are rigorously assessed, as per the principles of RPL, there is no guarantee that a learner will gain admittance into a programme or receive exemptions from modules.

While the institution is making provision for RPL, the institution is adhering to the guidelines set by the CHE (CHE, 2016), and only 10% of a cohort will be allowed admittance to a programme on an RPL basis.

Entry Requirements

The minimum entry requirement for this qualification is

• Senior Certificate, NQF Level 4, with endorsement.

Or

• National Senior Certificate, NQF Level 4, granting access to Bachelor's Degree studies.

Or

• National Certificate Vocational, NQF Level 4, granting access to Bachelor's Degree studies.

This qualification consists of the following compulsory and elective modules at National Qualifications Framework Level 5, 6, 7 and 8 totalling 540 Credits.

Compulsory Modules, NQF Level 5, totalling 120 Credits.

• Introduction to Law, 12 Credits.
• Computer Literacy 1: An Introduction for Law Learners, 16 Credits.
• English Foundations, 15 Credits.
• Law within Society: Introduction to Social Sciences, 15 Credits.
• Constitutional Law 1, 16 Credits.
• Customary Law, 10 Credits.
• Academic Literacy for Law Learners, 10 Credits.
• Accounting for Law Learners, 14 Credits.
• Introduction to Law 2, 12 Credits.

Compulsory Modules, NQF Level 6, totalling 132 Credits.

• Law of Property, 16 Credits.
• Law of Persons, 12 Credits.
• Family Law, 12 Credits.
• Legal Research, Legal Writing and Statutory Interpretation, 10 Credits.
• Criminal Law 1, 12 Credits.
• Cyber Law 1, 12 Credits.
• Criminal Law 2: Criminal Procedure, 10 Credits.
• Constitutional Law 2, 18 Credits.
• Company Law 1: A Practical Introduction, 18 Credits.
• Computer Literacy 2: For Legal Practitioners, 12 Credits.

Elective Modules, NQF Level 6, totalling 10 Credits (Select one module).

• Sociology, 10 Credits
• Introduction to Anthropology: The Human Experience, 10 Credits

Compulsory Modules, NQF Level 7, totalling 128 Credits.

• Law of Delict, 18 Credits.
• Alternative/Appropriate Dispute Resolution in South Africa, 12 Credits.
• Jurisprudence, Philosophy, Legal Ethics, 10 Credits.
• Labour Law, 18 Credits.
• Cyber Law 2 (IP, POPIA and Electronic Evidence), 10 Credits.
• Civil Procedure, 24 Credits.
• Contract Law 1, 24 Credits.
• Law of Succession, 12 Credits.

Elective Modules, NQF Level 7, totalling 10 Credits (Select one module).

• Taxation, 10 Credits.
• Sports Law, 10 Credits.

Compulsory Modules, NQF Level 8, totalling 128 Credits.

• International Law, 10 Credits.
• Company Law 2, 24 Credits.
• Law of Evidence, 16 Credits.
• Street Law, 10 Credits.
• Simulation: Mock trial, mediation and/or arbitration, 18 Credits.
• Contract Law 2: Information Technology Contracts, 18 Credits.
• Administrative Law, 12 Credits.
• Research Dissertation, 20 Credits.

Elective Modules, NQF Level 8, totalling 12 Credits (Select one module).

• Intellectual Property Law, 12 Credits.
• Competition Law, 12 Credits.

1. Demonstrate a coherent understanding of, and ability to analyse fundamental legal and related concepts, principles, and theories in relation to South African society and the South African legal system, the values associated therewith and the historical background of South Africa.
2. Demonstrate understanding and application of the relevant methods, techniques and strategies involved in legal research and problem-solving in theoretical and applied practical situations.
3. Collect, organise, and critically evaluate information and evidence from a legal perspective as well as provide competent advice thereon.
4. Demonstrate an ability to communicate persuasively and effectively in a legal environment by means of written and oral forms of communication.
5. Provide solutions to complex and diverse legal problems creatively, critically, ethically, and innovatively while considering the dynamic nature of law and its relationship with relevant contexts including political, economic, commercial, social, and cultural contexts.
6. Demonstrate an ability to 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. Demonstrate acquired computer literacy skills that enable effective communication presentation, retrieval, and processing of relevant data in a (globalised) legal environment.
8. Demonstrate sufficient skills and knowledge to participate as a responsible citizen in the promotion of a just society under the rule of law within the democratic and constitutional South Africa.
9. Demonstrate an understanding of the acquired legal and social skills and knowledge, to solve problems responsibly and creatively in a given legal and social context.

Associated Assessment Criteria for Exit Level Outcomes 1.

• Illustrate a comprehensive, integrated, and systemic knowledge of the South African legal system and specifically, the South African legal system within the parameters of transformative constitutionalism and the values enshrined in the Constitution.
• Analyse, identify and discuss the law both theoretically and practically.
• Analyse, identify, discuss, and compare South African legal principles with international law and within the global context.
• Comprehensively deal with and advise on the understanding of current, complex, and controversial legal issues.
• Provide solutions to problems within the context of the given facts and the applicable legal principles.

Associated Assessment Criteria for Exit Level Outcomes 2.

• Apply developed skills to conduct impactful, effective, and efficient legal research.
• Analyse legal research to guide effective problem-solving.
• Apply technology as a tool to research, organise, evaluate, and communicate information.
• Conduct research using appropriate techniques such as literature review, electronic information search and retrieval, statute, treaty, and case analysis.
• Act responsibly and ethically as a researcher and scholar and conduct ethical legal research and comparative research which considers South Africa's historical context as well as international law and history.

Associated Assessment Criteria for Exit Level Outcomes 3.

• Critically analyse information to reach an informed conclusion based on the content thereof.
• Undertake objective analysis of relevant material to provide practical and legally sound solutions to legal issues.
• Contextualise and provide advice on legal and related concepts and their interaction within the context of the political, economic, commercial, social, and global realities in (South African) society.
• Solve problems within the context of the given facts and the applicable legal principles.

Associated Assessment Criteria for Exit Level Outcomes 4.

• Develop effective and persuasive communication skills in both written and verbal forms of communication.
• Illustrate understanding in the acquisition of the requisite information technology and communication skills required to enter the professional work environment.
• Communicate effectively by written means as required in the legal environment.

Associated Assessment Criteria for Exit Level Outcomes 5.

• Synthesise complex legal issues in a manner to critically, ethically, and innovatively provide solutions that are within the practical boundaries of the law and that are viable within the South African political, economic, commercial and/or social environment.
• Display an ability to critically analyse and select the relevant sources of law to efficiently solve legal problems.
• Review, research and consider a large body of text and distil the pertinent and relevant concepts therein.

Associated Assessment Criteria for Exit Level Outcomes 6.

• Communicate effectively and efficiently, and work within a team/group.
• Consider differing views, opinions, and conclusions objectively, respectfully, and tolerably to successfully solve legal problems.
• Work closely with persons from different races, genders, and religious persuasions.
• Communicate and work effectively within a professional environment.
• Critically reflect on and assess one's own work and critique the work of others in a reasoned and formative manner.
• Communicate and work as a team within a globalised environment, whereby communication and collaboration are predominately via information technology such as e-mail and video conference.

Associated Assessment Criteria for Exit Level Outcomes 7.

• Apply acquired computer literacy skills to be efficient in the communication, retrieval, and processing of data, especially data relevant to the legal environment.
• Apply legal research tools such as inter alia SAFLII.
• Communicate via electronic means, such as email, written electronic correspondence and audio-visual software such as Microsoft Teams, Zoom and Skype; and demonstrate an efficient and effective utilisation of electronic facilities and search engines to process legal information and documentation accurately, effectively, and timeously.

Associated Assessment Criteria for Exit Level Outcomes 8.

• Participate in a constitutional democracy and broader society in general demonstrating an understanding of what is meant by 'transformative constitutionalism' and the importance thereof within South African society.
• Objectively analyse competing interests and interpret these in line with the law.
• Promote social justice and the Constitution and the values enshrined therein and engage in legal development at a local, provincial, national, regional, and international sphere.

Associated Assessment Criteria for Exit Level Outcomes 9.

• Solve complex legal problems (those faced in everyday society in general and in simulated contexts) within the context of South Africa and the South African legal system.
• Analyse and evaluate competing views/interests and present solutions based on the identified legal problem/s at hand.
• Provide practical, cost-effective, and responsible legal advice at a community, national, regional, and international level.