Doctor of Laws

Purpose

The purpose of the Doctoral degree in Mercantile Law is to develop the highest level of holistic and systematic understanding of scholarship in, and stewardship of, the field of Mercantile Law through an original contribution that advances the frontiers of knowledge. In relevant cases, the contribution may, in so doing, advance the frontiers of professional practice and/or creative activity.

The qualification requires learners to demonstrate mastery and development of appropriate research methods and skills, as well as the pursuit of knowledge that characterises the Mercantile Law, professional, and interdisciplinary discourse. This level of study aims to demonstrate the ability to engage independently in an extended course of research, showing thematic and conceptual coherence within the field of Mercantile Law.

Such mastery and ability need to be embedded within an appropriate scholarly disposition, and the threshold attributes to be demonstrated within this context. The qualifying learner should represent the field of Mercantile Law with critical and ethical integrity, assume a role as its custodian and steward, evince a scholarly curiosity, and be able, where relevant, to collaborate with peers from diverse academic backgrounds without compromising independent critical thinking. Learners can adapt to changing and varying contexts and serve as agents of intellectual advancement. This is associated with an ability to engage with and lead thinking with local, national, regional and international research and/or professional legal communities and, where relevant, to seek benefit arising out of the research for any community or social group that was the subject of or participated in the research. In manifesting this scholarly disposition, the qualifying learner exhibits intellectual autonomy, originality, authority, accountability, scholarly integrity, and ethical respect for and application of the relevant academic and/or professional codes of research and practice.

The qualification typically culminates in the submission and defence of a substantial written thesis. However, alternative formats such as a portfolio of publications, creative works, or a combination of these may be acceptable in certain disciplines. This qualification aims to cultivate highly skilled legal scholars. Enhancing learners' research, analytical, and writing abilities at an advanced level equips them with the necessary tools for independent and in-depth research within their chosen area of Law. This specialised knowledge is further deepened through a focus on comparative legal studies, encouraging learners to analyse South African Law within an international context. This approach not only fosters a nuanced understanding of legal principles but also enables learners to contribute to legal reform by proposing and analysing solutions that can promote global harmonisation and the development of South African Law. Ultimately, the program aims to produce legal experts of international stature, capable of conducting groundbreaking research, contributing to the advancement of legal education, and shaping the future of the legal profession.

The qualifying learner will demonstrate the following key attributes

• Dynamic Professionals by equipping qualifying learners with advanced research, analytical, and problem-solving skills, enabling them to make original contributions and lead intellectual advancement in changing legal contexts.
• Enquiring Learners through rigorous research training, which demands independent critical thinking, the pursuit of new knowledge, and the ability to engage with diverse sources and complex ideas.
• The emphasis on ethical integrity, scholarly curiosity, and the application of professional codes of practice within the qualification nurtures Caring Individuals who demonstrate responsibility and ethical conduct in their professional lives.
• Engaged Citizens who are committed to societal well-being and democratic development. This is fostered by preparing qualifying learners to engage with and lead thinking in local, national, regional, and international research communities and contribute to legal reform and social justice.
• The qualification's requirement for advanced research and dissemination of findings implicitly develops Digital Knowers, as effective legal scholarship heavily relies on digital literacy and the responsible use of digital resources.
• Original contribution to the field of Mercantile Law, achieved through independent and in-depth research at the frontiers of legal knowledge and professional practice.
• It ensures broad, well-informed, and current knowledge of the discipline, as well as expert, specialised, and in-depth knowledge of a specific area of research, through its focus on advanced legal scholarship and comparative legal studies.
• The qualification fosters insight into the interconnectedness of one's research topic with other cognate fields by encouraging learners to analyse South African Law within an international context and contribute to global harmonisation, such as Company Law, Insolvency Law and Financial Markets Law.
• Ethical awareness in research and professional conduct is embedded through the emphasis on scholarly integrity and the application of relevant academic and professional codes.
• The qualification requires the evaluation, selection, and application of appropriate research approaches, methodologies, and processes, enhancing learners' research, analytical, and writing abilities at an advanced level.
• It develops reflection and autonomy as qualifying learners must demonstrate intellectual independence, critical thinking, and the ability to adapt to changing contexts.

Advanced communication skills, which include the ability to convey relevant information and utilise digital literacy, are developed through the requirement for a substantial written thesis and the capacity to disseminate research findings effectively to diverse audiences. The qualification cultivates critical and analytical thinking for problem-solving by equipping learners to identify, analyse, and propose solutions for complex legal and societal issues.

Rationale

The need for a Doctor of Laws in Mercantile Law is multifaceted, addressing both indirect and direct contributions to South Africa's development and the advancement of legal scholarship:

• High-Level Skills Development: South Africa faces a critical shortage of individuals with advanced skills in problem identification, information handling, and written communication, posing a significant challenge. The qualification directly addresses this gap, fostering these crucial skills through rigorous research training.
• Constitutional Transformation and Social Justice: The qualification's direct engagement with South Africa's development needs is exemplified by its association with Mercantile Law projects or initiatives such as consumer protection, corporate governance, or intellectual property rights. This connection ensures that law research contributes to fulfilling the transformative potential of the Constitution and addressing pressing social issues.
• Specialised Legal Expertise: While contributing to broader societal goals, the law qualification also provides advanced training in diverse areas of Mercantile Law. This specialisation is essential for navigating the complexities of the legal landscape and producing experts who can contribute to legal scholarship and practice.
• Advanced Legal Research and Scholarship: The primary objective of the law qualification is to equip learners for advanced legal research. This includes developing their research, analysis, and writing abilities to a high standard, fostering critical insights, and enabling independent and advanced research.
• Developing Future Legal Leaders: The qualification aims to produce experts of international stature in the field of Mercantile Law. These experts will be equipped to train future generations of legal professionals and contribute to quality higher education, ensuring the continued growth and development of the legal field.

The doctoral law qualification meets a range of sector needs

• Academia: Qualifying learners are well-prepared for careers in academia, where they contribute to legal education and scholarship as university professors and researchers.
• Legal Profession: The qualification produces highly skilled legal professionals who can excel in roles within the legal profession that require expertise in Mercantile Law (e.g. company law, intellectual property law, insolvency law, or financial law), including law firms, corporate legal departments, and the judiciary.
• Government and Policy: Qualifying learners are well-equipped to contribute to Mercantile Law policy development and reform.
• Research and Think Tanks: The program prepares qualifying learners for research-focused careers in think tanks and research institutions, contributing to Mercantile Law scholarship and policy analysis.
• Social Justice Organisations: Qualifying learners with research focused on human rights and social justice issues within the Mercantile Law sphere will be prepared to work in organisations dedicated to promoting consumer rights, housing rights or family law matters." The examples provided are a mix of Private and Mercantile Law.

This is an academic qualification and therefore not explicitly aligned with the requirements of a with a professional body; however, the Faculty of Law continuously engage with peer institutions and the Legal Council of South Africa to ensure the support provided to learners for law studies ensures that the South Africa's development needs are addressed, legal reform promoted, and high-level legal expertise developed in alignment with the needs of the legal and academic sectors.

The qualification design is, however, aligned to the CHE Doctoral Standard. The Doctor of Laws qualification aligns closely with the Council on Higher Education (CHE) Doctoral Standard by aiming to develop the highest level of holistic and systematic understanding within the field of Law through an original contribution that advances the frontiers of knowledge and professional practice. Like the CHE standard, the qualification emphasises the mastery and development of appropriate advanced research methods and skills, fostering independent engagement in extended research that exhibits thematic and conceptual coherence. The qualification cultivates a scholarly disposition, ensuring that qualifying learners exhibit intellectual autonomy, originality, authority, accountability, academic integrity, and ethical conduct, and can represent the field with critical and moral integrity. Furthermore, the qualification's focus on producing highly skilled legal scholars capable of groundbreaking research and contributing to legal education and the profession directly mirrors the CHE's expectation for doctoral qualifying learners to contribute significantly to their discipline and to serve as agents of intellectual advancement within their communities.

Typical learners will have a strong background in Law, holding an LLB and often an LLM. Qualifying learners will be prepared for a range of occupations, including:

• University Professors and Researchers: Teaching and conducting research in various areas of Mercantile Law.
• Legal Practitioners (Attorneys and Advocates): specialising in different areas of Mercantile Law, including company law, intellectual property law, insolvency law, and financial law.
• Judges and Legal Advisors: serving as legal counsel to corporations, financial institutions, or advising on corporate governance.
• Policy Analysts and Legal Reform Specialists: Working on legal policy development and reform.
• Human Rights Advocates and Social Justice Lawyers: working on issues related to human rights and social justice through the lens of Mercantile Law, such as investor protection.

The Mercantile Law qualification builds upon prior legal education, typically an LLB and LLM and Mercantile Law-related modules, such as Law of Contract, Law of Property, Law of Delict and Family Law. It represents the highest level of legal scholarship and research qualification.

Benefits to Learner, Society, and Economy

• Learner: The qualification provides advanced knowledge, research skills, and career opportunities, enhancing the learner's professional development and intellectual growth.
• Society: The qualification contributes to Mercantile Law scholarship, legal reform, and the development of a more just and equitable society by strengthening the legal framework for commercial and business interactions.
• Economy: The qualification supports a stable and predictable legal environment for the private sector by producing highly skilled Mercantile Law professionals who can contribute to robust corporate governance, fair market practices, and the effective resolution of commercial disputes.

Recognition of Prior Learning (RPL)

As per national guidelines and the institution's Regulation for Recognition of Prior Learning (RPL) and Credit Accumulation and Transfer (CAT), no more than 10% of a cohort will be accepted into the qualification via RPL.

All applicants who wish to be considered for RPL or CAT must submit a formal application to the faculty they are applying to. RPL applications can consist of one of the following options:

RPL for access: an applicant does not meet the minimum admission criteria but has completed non-formal or informal learning, such as workplace experience, that can be deemed equivalent to some of the academic requirements.

RPL for exemption: an applicant has completed non-formal or informal learning (such as a combination of short courses) that is deemed equivalent to a module or module(s) in the qualification and is therefore granted exemption from these modules.

For a doctoral qualification, where only one module is applicable, RPL for exemption cannot be considered.

Each applicant who wishes to be considered for RPL or CAT has to formally apply and follow the faculty-specific guidelines. Each application will be evaluated on individual merit.

Entry Requirements

• Master of Laws, NQF Level 9.

Or

• Master of Laws in Mercantile Law, NQF Level 9.

Or

• Master of Laws in Labour Law, NQF Level 9.

This qualification consists of a compulsory module at NQF Level 10 totalling 360 Credits.

Compulsory Modules, NQF Level 10, 360 Credits.

• Dissertation which consists of independent research, 360 Credits..

1. Synthesise expert and critical knowledge at the forefront of their research field in Mercantile Law, integrating existing scholarship with original research to conceptualise new legal research initiatives and generate new knowledge or practice, as evidenced by the doctoral dissertation and associated publications.
2. Critically analyse and contribute to scholarly debates concerning theories of knowledge and processes of knowledge production within the field of Mercantile Law, demonstrating an understanding of the interconnectedness of their legal research with other cognate fields, as evidenced by the dissertation's literature review and theoretical framework.
3. Apply ethical principles in research and professional conduct, including identifying, addressing, and managing emerging ethical issues related to their specific Mercantile Law research, as evidenced by ethical clearance approvals, documented ethical considerations within the dissertation, and adherence to relevant professional codes of conduct.
4. Develop and apply appropriate and potentially new research methods, techniques, processes, or technologies in original, creative, and innovative ways appropriate to the specialised and complex context of the research in a field of Mercantile Law, demonstrating the ability to evaluate, select, and apply relevant research designs, approaches, methodologies, instruments, and procedures, as evidenced by the dissertation's methodology chapter and supporting data.
5. Apply specialist knowledge and theory in critically reflexive, creative, and novel ways to address complex practical and theoretical legal problems within their research domain, demonstrating critical and analytical thinking for problem-solving in diverse contexts, as evidenced by the dissertation's analysis, discussion, and conclusions.
6. Manage incomplete or inconsistent information or data independently, making sound judgments in an iterative process of analysis and synthesis to develop significant original insights into new, complex, and abstract Mercantile Law ideas, information, or issues, as evidenced by the dissertation's data analysis and interpretation.
7. Produce substantial, independent, in-depth, and publishable work that meets international standards, makes a significant contribution to Mercantile Law scholarship/jurisprudence, and communicate research findings effectively to both specialist and non-specialist audiences, demonstrating advanced communication skills, including relevant information and digital literacy skills, as evidenced by the dissertation, publications, conference presentations, and other dissemination activities.
8. Analyse complex Mercantile Law systems or governance structures relevant to their research, demonstrating an understanding of theoretical underpinnings in the management of these systems, and evaluate the potential to design, sustain, and manage change within them, as evidenced by the dissertation's discussion of implications and potential impact.
9. Demonstrate intellectual independence, research leadership, and the ability to manage own research and contribute to research development in Mercantile Law scholarship/research, as evidenced by the dissertation, research project management, and potential contributions to collaborative research initiatives.
10. Operate independently and take full responsibility for their work, demonstrating reflection and autonomy, and, where appropriate, contribute to the oversight of research processes, as evidenced by the completion of the dissertation and adherence to academic and legal professional standards.

Associated Assessment Criteria for Exit Level Outcome 1

• Illustrate a comprehensive and critical understanding of the existing legal literature.
• Provide a clear and innovative legal research design.
• Undertake a rigorous data collection and analysis pertinent to legal inquiry.
• Provide sound and well-supported legal conclusions.
• Illustrate a strong capacity to communicate legal research findings effectively in both written and oral formats.

Associated Assessment Criteria for Exit Level Outcome 2

• Provide a critical and insightful analysis of existing legal theories, jurisprudential approaches and research methodologies in Law.
• Select and apply appropriate theoretical frameworks to the legal research problem.
• Give a clear and coherent argument that integrates legal theory and empirical findings.
• Engage in nuanced and sophisticated theoretical discussions relevant to legal scholarship.

Associated Assessment Criteria for Exit Level Outcome 3

• Show commitment to ethical research practices related to legal topics.
• Identify and address potential ethical challenges accurately in research activities.
• Provide a clear understanding and application of ethical principles in all research activities.
• Illustrate a responsible and ethical approach to data management and dissemination.

Associated Assessment Criteria for Exit Level Outcome 4

• Illustrate a deep understanding of various research methodologies related to Law and their strengths and weaknesses.
• Select and apply appropriate research methods to accurately address the research question.
• Evaluate and accurately refine critical research methods as needed.
• Analyse, compare, and evaluate a critical range of data collection and analysis techniques, to be able to state their relevance, application, and limitations in legal research.

Associated Assessment Criteria for Exit Level Outcome 5

• Identify and define complex legal research problems in a correct manner.
• Analyse and evaluate different legal perspectives and approaches.
• Develop and implement creative and innovative solutions to legal challenges.
• Communicate research findings and their implications.

Associated Assessment Criteria for Exit Level Outcome 6

• Evaluate and interpret complex legal data or information in an accurate manner.
• Identify patterns, trends, and anomalies in legal data.
• Draw sound and well-supported conclusions from the research findings.
• Think independently and creatively to generate new legal knowledge.

Associated Assessment Criteria for Exit Level Outcome 7

• Outline advanced written and oral communication skills relevant to legal discourse.
• Effectively communicate complex legal research findings to different audiences.
• Accurately disseminate legal research findings through various channels (e.g., publications in legal journals, presentations at legal conferences, online platforms).
• Correctly apply and adhere to academic legal writing and publishing conventions.

Associated Assessment Criteria for Exit Level Outcome 8

• Analyse complex legal systems and their dynamics.
• Identify potential challenges and opportunities within complex legal systems or regulatory frameworks.
• Propose and evaluate potential solutions for improving or transforming legal systems or policies.
• Communicate the potential impact of legal research on real-world problems.

Associated Assessment Criteria for Exit Level Outcome 9

Illustrate intellectual independence and initiative in conducting legal research.

• Illustrate strong legal research management and organisational skills.
• Manage all aspects of the research project, including time management, resource allocation, and problem-solving.

Associated Assessment Criteria for Exit Level Outcome 10

• Submit a completed doctoral dissertation within the specified timeframe.
• Demonstrate the ability to defend the dissertation during an oral examination.
• Address all revisions and corrections requested by the examiners.
• Demonstrate a high level of academic integrity in all research activities.
• Adhere to the ethical and professional standards of their specific discipline.
• Demonstrate critical self-reflection on own research process, identifying areas for improvement and growth.
• Demonstrate the ability to work independently and proactively to overcome challenges and address research issues.
• Seek and utilise feedback effectively from supervisors and other researchers.

Integrated Assessment

This strategy outlines the key principles and procedures for assessing doctoral candidates, encompassing all phases of the program from selection to when the degree is awarded. It emphasises a rigorous, fair, and transparent assessment process that ensures the quality and integrity of doctoral research.

The assessment strategy of this qualification aligns with the institution's Assessment Policy (2022) through the careful design of assessment strategies, implementing flexible assessment frameworks that deliver robust assessments and effectively promote learners' learning, as well as evaluate learners' achievements for certification (SU Assessment Policy, 2022). It further aims to support the achievement of the institution qualifying learner attributes and the CHE Doctoral Standard by purposefully embedding it in the research and assessment activities undertaken by the learner. The doctoral qualification is structured around several key components designed to ensure a rigorous and supportive research journey. Supervision and Guidance are paramount, involving high-quality oversight from experts in relevant disciplines and methodologies, alongside a clear delineation of roles and responsibilities for both supervisors and candidates. This includes regular, meaningful supervision meetings and established mechanisms for resolving any conflicts or challenges that may arise.

Formative assessment

Throughout the research process, learners are supported by their supervisor through the agreed-upon Memorandum of Understanding, which is used to identify target dates, confirm methods of communication and formalise academic support required. Throughout the process, the supervisor provides timely and sustainable feedback that supports the learner's learning.

Summative assessment

For summative assessment purposes, a learner has to submit their final assessment in the format of a full dissertation.

Final Assessment

• Selection of qualified and independent examiners with relevant expertise. This is done both for evaluation and moderation purposes. Each oral examination will be chaired by an independent (internal) academic.
• Rigorous and comprehensive examination of the thesis and, where applicable, research outputs (e.g., creative works, performances).
• Oral examination to assess the candidate's understanding, critical thinking, and ability to defend their research.
• Fair and consistent application of assessment criteria across all candidates.

Key Components of doctoral assessment

Supervision and Guidance

• High-quality supervision by experienced researchers with relevant expertise.
• Clear roles and responsibilities for both supervisors and learners.
• Regular and meaningful interactions between supervisors and learners are essential.
• Mechanisms for addressing supervisory challenges and resolving conflicts.

Research Design and Methodology

• Comprehensive review and approval of research proposals, ensuring sound research design and ethical considerations.
• Regular progress reviews to monitor research progress and provide feedback.

Data Collection and Analysis

• Guidance and support in data collection and analysis techniques.
• Regular monitoring of research progress and adherence to ethical guidelines.

Thesis Preparation and Submission

• Clear guidelines on thesis format, content, and submission procedures.
• Support for learners in preparing their theses for submission.
• Mechanisms for identifying and addressing plagiarism and other forms of academic misconduct.