Doctor of Laws

This qualification includes the various specialisations in Law. Please refer to "Notes" for details on the specialisations.

Purpose

The purpose of the qualification is to allow students to demonstrate an ability to make an own, distinctive and novel contribution to the corpus of knowledge on a particular specialised field of legal study.

It is therefore intended that the student enrolled for a Doctoral Degree will undertake original research that will contribute to the knowledge and practice in the specialised field of law chosen and will submit a thesis reporting the results of the research.

Rationale

The rationale for the qualification is to equip the next generation of legal scholars with the ability to conduct legal research in a specialised field of law in order to enhance their knowledge of the law in its historical, national, international and interdisciplinary contexts and to enable the next generation of legal scholars to have a meaningful impact on creating justice in and between societies.

It is assumed that learners have mastered the required research methods and techniques, are able to carry out independent research and have the required language skills to write a doctoral thesis.

Formal learning required is a Master's Degree: Law or an equivalent Degree in Law on NQF Level 9.

Recognition of Prior Learning

• Through Recognition of Prior Learning, a student may gain access, or advanced placement, or recognition of status, on condition that he/she continues his/her studies at the University.
• Recognition takes place in terms of requirements and procedures applied by the Faculty of Law.
• Recognition of Prior Learning in the case of a student not complying with the formal entry requirements:

> Is conducted after payment of the prescribed fees in accordance with the policy and guidelines of the University.

> Is based on other forms of formal, informal and non-formal learning and experience.

> Is considered only where prior learning corresponds to the required NQF-Level.

> Takes place where prior learning in terms of applied competencies is relevant to the content and outcomes of the qualification.

> Is considered in terms of an assessment procedure that includes a motivated recommendation by an assessment panel to the Dean's Committee of the Faculty of Law.

> is finally decided upon by the Dean's Committee.

Access to Qualification

• The minimum entry requirement is an LLM Degree (or equivalent qualification) at NQF Level 9. In general, for admission to doctoral degrees students need to have obtained their previous Degree with an average mark of at least 65%.
• The Board of the Faculty may require students to submit to an oral examination on set study material to demonstrate their competence for doctoral research before they are admitted to the qualification.
• It is the student's responsibility to ensure that he/she is able to understand the relevant stated law and scholarly writings in the languages they are written.
• The extent to which applicants meet admission requirements is assessed by the relevant Head of Department, in consultation with the prospective supervisors, and in accordance with the admission requirements for the qualification. The Head of Department, in consultation with the Executive Dean of the Faculty of Law, may set additional admission requirements for a particular applicant, as approved by the Faculty's Higher Degrees Committee.

• The minimum period of study for the LLD Degree is two years.
• The maximum period of study for the LLD Degree is four years. Extension of this period will only be entertained in exceptional circumstances and will be dealt with in accordance with the Higher Degrees and Postgraduate Studies Policy.

Assessment focuses strongly on an exhibition of specialised knowledge and the ability of students to make an own, distinctive and original contribution to the existing knowledge of the subject of study.

The curriculum comprises a thesis, being an original contribution to the knowledge of and insight into the specialised field of law chosen.

Doctoral programmes are offered in the following fields of law

• Administrative and Municipal Law.
• Administrative Law.
• Banking Law.
• Civil Procedural Law.
• Constitutional Law.
• Corporate Law.
• Criminal Law.
• Criminal Law, Criminal Procedure and the Law of Evidence.
• Criminal Procedural Law.
• Human Rights.
• Human Rights and Constitutional Practice.
• Indigenous Law.
• International Commercial Law.
• International Law.
• Interpretation of Statutes.
• Jurisprudence.
• Labour Law.
• Labour Law and Employment Relations.
• Law of Evidence.
• Mercantile Law.
• Private International Law.
• Private Law.
• Roman Law.
• Social Security Law.
• Tax Law.

Students must demonstrate an interpretative, problem-sensitive understanding - based on research of stated law and scholarly writings - of the fundamental legal principles underlying the subject-matter of the thesis.

Students must demonstrate an ability to communicate this understanding accurately, systematically and lucidly; and the competency to utilise this understanding to develop these principles into theoretical constructs applied to areas of knowledge not yet explored or integrated into the relevant field of law, and thereby to generate novel solutions to recognised problems.

As part of the requirements for completion of the Degree a formal oral examination must be passed before the student formally embarks on the writing of the thesis. The oral examination serves to assess the student's ability to engage in the type of research, and the writing of the thesis, required for this qualification. The candidate may be exempted from the oral examination by the Board of the Faculty of Law on the ground of the candidate having passed oral or written examinations in respect of a previously obtained qualification which adequately assessed the candidate's ability to engage in the type of research to be undertaken and the writing of the thesis.

In the course of the writing of the thesis, the student is required to take part in a number of seminar discussions on subjects relating to the research topic. The purpose is to give the student an opportunity to present and defend the research proposal. In this way the student's understanding of the field of study and his/her ability to communicate effectively on problem areas and issues are strengthened. In addition, this approach encourages peer and self-assessment

The student must also submit a publishable article based on his/her thesis that may, at the discretion of the promoter, be submitted for publication in a law journal under the authorship of the student or both the student and the promoter.

Critical Cross-Field Outcomes

N/A

• Demonstrate in written or oral form, the specialist knowledge and understanding required at the highest level.
• Evaluate the challenges and developments in a particular area of law and compare same to international experience.
• Illustrate in written or oral form, an ability to identify, analyse, and reflect on the highest-level legal problems.
• Solve the highest-level legal problems.
• Build awareness of and an ability to function effectively as leader of a high-level team.
• Develop an ability to function effectively and independently in terms of organisation and management, at the highest level.
• Display an ability to conduct a high-level research project successfully.
• Demonstrate the ability and confidence to communicate effectively, both orally and in writing.
• Motivate the effective utilisation of scientific and technological aids.
• Justify and build understanding of the place and role of the law in society and ability to help shape the future.
• Display specialist knowledge of the chosen specialised field of the law.
• Construct an own, distinctive and novel contribution to a subject of the law.
• Prove the importance of the role of the law in the development of people.
• Formulate awareness and sensitivity for societal realities and give direction to their accommodation.
• Estimate as to how the qualification can be utilised to access the labour market.
• Perceive the necessary elements to develop and maintain at a high level a career in law.

Integrated Assessment

N/A