Master of Laws

Purpose

The purpose of the Master of Laws is to provide sound training in research strategy and methodologies through the formal initial research methodology workshop. Subsequent practical research training culminates in the finalisation of the formal research proposal. The latter is vigorously assessed by an oral defence, after which the learner completes a final postgraduate dissertation. Completing the dissertation underpinned by in-depth research within a specific legal discipline or branch of law formally confirms the graduate's status as a specialist in the chosen legal field. This qualification will empower the graduate to demonstrate in the world of work that he/she possesses an advanced level of knowledge, skills, and functioning.

The qualification allows learners to re-enter the tertiary education sector at any time after completion of their undergraduate studies at another institution or even in another country.

The qualification enables a learner to acquire the specialist in-depth knowledge, skills and experience needed for a long and prosperous career in one area of law.

The required research for the dissertation enables the learner to be up to date in national and international developments in the chosen research field and increases the learner's experience, expertise, employability and knowledge. The research skills promote drafting competencies that is a core competency required of a legal practitioner in practice and of lawyers in all other forms of employment.

On completion of the qualification, qualifying learners will be able to

• Apply an in-depth knowledge of the specific legal discipline; intellectual curiosity and an enquiry-led approach to research;
• Effectively conceptualise challenges and issues and consider problem-solving techniques; increased adaptability; improved communication and digital skills; foster a culture of life-long learning; an increase in professional and interpersonal skills; ethically engaged and functioning with integrity; career and leadership readiness; increased empathy and awareness of social responsibility; and intercultural competency.
• Access and process information using a range of technologies.
• Display theoretical awareness, critical analytic competence, critical thinking, and problem-solving skills within the disciplinary context.
• Conduct research and produce a dissertation on the chosen legal topic.
• Manage him/herself effectively and independently.

The qualification furthermore increases the graduate's employability in academia and serves as a prerequisite for progression to the completion of a doctoral degree.

Rationale

The qualification will benefit the profession in that more advanced knowledge and thereby specialised services will be available to clients. The benefit to society is to deliver more competent and knowledgeable graduates who increase the rate of labour market success, who can deliver a more targeted and specialised public service to members of society and where relevant authorities, thereby contributing to economic growth.

The final dissertation and subsequent academic journal contribution extracted therefrom will add value to the South African jurisprudence and could serve as authority for the courts and to legal academic literature in general. The qualification contributes to the development of learners' social skills, critical thinking skills, empathy, and commitment to civic engagement with the potential of increasing the implementation of social justice that remains lacking in our society.

Typical learners are graduates with a four-year Bachelor of Laws or equivalent, who have performed above average and are interested in pursuing a career path in a specialised targeted field of legal discipline.

The qualification contributes to advanced knowledge that contributes to innovation for a prosperous South Africa and thereby increases the employability of the learner for admission into legal practice, or the appointment as a specialised legal advisor in the larger industries, for example, the financial sector, energy sector, telecommunications and engineering and government sectors.

This qualification will also enable the graduate to enter academia to pursue a career in teaching, research, and subsequent supervision of other postgraduate learners.

The qualification will expand the institution's capacity to provide learners with specialised research training and deliver graduates on an NQF level 9. The qualification furthermore is a prerequisite for and articulates vertically into the highest qualification in law, namely a doctoral degree.

Recognition of Prior Learning (RPL)

The institution's RPL Policy has been aligned with the criteria set by the HEQC and SAQA. RPL is the comparison of previous learning and experience of a learner, however, obtained against the learning outcomes required for a specific qualification and the acceptance of such learning for purposes of qualification of that which meets the requirements. The possible application of RPL will be done on an individual basis.

RPL for access

• RPL allows access to further study by granting the status, but not the award, of the prerequisite qualification.
• For admission of applicants who do not meet the minimum average or who hold an undergraduate Bachelor of Procurationis, prior learning (whether practical or by way of any other formal qualification such as a diploma or certificate, as well as practical work experience) is taken into account at a faculty level and at senate level.
• The applicant must provide evidence (e.g. records, portfolios, challenge examinations, etc.) that must be assessed as relevant, sufficient, authentic and current.

The management and administration of the Programme's Recognition of Prior Learning (RPL) process functions within the information management framework. The institution's Registrar is responsible for the reception of prior learning and credit applications from learners. In cooperation with the Registrar, the Programme Coordinator receives these applications from the Registrar on an Ad Hoc basis as these applications are received.

This qualification is structured in such a way as to facilitate possible recognition from other institutions, allowing for articulation with similar qualifications or access to higher-level qualifications as well as the possibility of entering the qualification through RPL.

Entry Requirements

The minimum entry requirement for this qualification is

• Bachelor of Laws, NQF Level 8.
• Postgraduate Diploma in Law, NQF Level 8.

This qualification consists of the following compulsory modules at NQF Level 9 totalling 180 Credits.

Compulsory Modules, Level 9, 180 Credits

• Dissertation, 180 Credits.

Exit Level Outcomes

1. Demonstrate a comprehensive and systematic basic knowledge base in the specific field of study and the ability to apply the knowledge.
2. Demonstrate the ability to access and process information using a range of technologies.
3. Display theoretical awareness, critical analytic competence, critical thinking, and problem-solving skills within the disciplinary context.
4. Demonstrate the ability to conduct research and produce a dissertation on the chosen legal topic.
5. Demonstrate the ability to manage him/herself effectively and independently.
6. Demonstrate social and eco-systemic competence and responsibility.

Associated Assessment Criteria

Associated Assessment Criteria for Exit Level Outcome 1

• Identify, reflect on, and critically appraise a set legal problem and the applicable legal principles pertaining to the problem by drawing upon theoretical knowledge of the relevant legal disciplines.
• Formulate a specific research question by appraising and defining a concise and suitable problem statement and clearly describing the purpose and aim of the specific research study.
• Address relevant, substantial, original, and important matters for the development of jurisprudence in the selected law field.
• Use a variety of sources and apply comparative legal sources where relevant.

Associated Assessment Criteria for Exit Level Outcome 2

• Use advanced methods of information access, retrieval, and processing skills to identify, critically analyse and synthesise information relevant to complex and/or real-world problems, cases, and issues in the specific field of study, where applicable.
• Process and present data in a scientific manner to meet the academic quality requirements as set by the level of study.
• Include a comprehensive and judicially proper literature survey and apply an acceptable and consistent style of referencing to sources throughout.

Associated Assessment Criteria for Exit Level Outcome 3

• Rigorously critique and evaluate current laws and research to show a coherent and critical understanding of the methodology of the specific field of study.
• Collect and organise relevant and appropriate sources of law and literature pertaining to the identified questions or issues.

Associated Assessment Criteria for Exit Level Outcome 4

• Organise and synthesise information in a logical and coherent structure and manner.
• Identify the most appropriate research methodology to address the research problem.
• Apply integrated knowledge to, in an ethical manner, critically evaluate and apply all values, rules, norms, laws, and regulations pertaining to the specific field of study to reach the research objectives.
• Integrate theoretical and practical knowledge to provide a holistic overview of the research problem and propose a justified conclusion, and viable recommendations and solutions.
• Complete and produce a comprehensive research dissertation that meets the assessment criteria as set out herein.
• Devise the most efficient and ethically responsible contextual legal solutions in the form of a justified conclusion, viable solutions and recommendations to the research problem.
• With reference to a stated hypothesis create realistic and responsible solutions within the legal context.
• Synthesise all relevant information and achieve the set research objectives.
• Provide a justified conclusion and effective recommendations where applicable.
• Present a comprehensive discussion and a cohesive argument throughout the dissertation to meet the research objectives.
• Deliver the research output in a format that meets a high standard of presentation, language, editing and formatting.
• Provide a comprehensive and detailed bibliography of sources accessed for the purpose of the dissertation.
• Provide a word total of the manuscript, excluding the title pages, the table of contents and the bibliography.

Associated Assessment Criteria for Exit Level Outcome 5

• Study independently and ensure that all relevant and material sources are considered and duly referenced.
• Perform to a high standard especially during the oral defence of the research proposal, and when completing the final written dissertation.
• Meet the deadlines by planning accordingly and engaging with the supervisor on a regular basis.
• Demonstrate a dedicated, resolute, and serious approach to completing the postgraduate study and meeting its outcomes by delivering a research dissertation that demonstrates a high standard of research in law.
• Evaluate own progress during the performance milestones set for the degree and as determined by the supervisor.
• Respond to the comments provided by the supervisor and/or the examiners and respond accordingly.
• Manage personal agendas and other commitments such as work commitments sensitively to ensure meeting the academic deadlines.

Associated Assessment Criteria for Exit Level Outcome 6

• Integrate transformative constitutionalism to show a comprehension of constitutional and fundamental rights in the context of the study.
• Display an awareness of social and other human sensitivities in a particular legal context where required.
• Prioritise the most conscientious manner to approach and deal with sensitive social realities during the research.
• Apply ethical principles when addressing sensitive and/or ethical issues and situations.
• Apply ethical legal principles to promote general responsibility and social justice in the field of law.