Master of Laws

Purpose

The purpose of the Master of Laws is to combine an advanced and specialist training in jurisprudence with research mastery, by dissertation or coursework and research report.

The research component of the qualification benefits the learner by developing and reinforcing the learner's writing, research, and analytical skills. The qualification also provides international approaches and perspectives, where a comparative study of jurisdictions is incorporated into the qualification

Graduates should be skilled in advanced research capabilities, academic writing, and discursive engagement with the law. The graduate should be able to understand and critique the law, rather than simply knowing what the law is.

On completion, graduates will be able to

• Access and process information using advanced research technologies, databases, and digital legal resources.
• Produce and communicate legal information appropriately.
• Display theoretical awareness, critical analytic competence, and problem-solving skills within the disciplinary context
• Demonstrate research competence and the ability to contribute to scholarly or professional debates.
• Manage him/herself effectively and independently
• Demonstrate social competence and responsibility for promoting justice, accountability, and societal well-being.
• Demonstrate eco-systemic competence by understanding how legal issues are shaped by broader socio-economic, political, cultural, and global factors, and apply this awareness in legal analysis.

Rationale

The value added by this qualification to the qualifying candidate is thus the emphasis on further advancement and specialisation in their chosen profession. Benefit to society is provided through the training of individuals capable of holding high-level positions that require specialist knowledge and/or advanced skills in analytical and research competence. This should provide for increased social and economic productivity and for the transformation of society more broadly.

The qualification is designed to benefit the learner by developing a deeper knowledge through specialisation in a particular field of law. The specialisation will enable the learner to have a deeper knowledge in the specialisation and enable the learner to take up high-level positions requiring specialist knowledge and /or requiring greater skill in analytic and research competence. The deeper knowledge and enhanced legal skills are often a prerequisite for positions in specialised law firms, commerce, the public sector, international agencies, and academia. For example, learners wishing to work at the Competition Commission or the South African Revenue Authority will benefit from an advanced degree in competition law or tax law. Through the specialisation, learners delve deeper into an area of academic interest, taking courses that provide an overview of a particular area of law that is sufficiently focused but also wide enough so that the learner can understand multiple aspects of their field.

The qualification equips the candidate for employment in the following fields

• Legal practice either in the public or private sector.
• Government at the national, provincial, and local government levels.
• Commerce and industry.
• Non-governmental organisations aimed at fostering the interests of the public.
• Teaching and research in the field of Law.

The qualifying learners will be able to proceed with the Doctoral studies in Law.

Recognition of Prior Learning

The institution has an approved Recognition of Prior Learning (RPL) policy, which is 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 may be applied for access, credits from modules, and credits or towards the qualification.

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, should they be allowed entrance into the qualification.

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

• Bachelor of Laws, NQF Level 8

This qualification consists of the following compulsory and elective modules at National Qualifications Framework Level 9, totalling 190 - 200 Credits.

Master of Laws by Coursework

The qualification may be pursued as a general LLM or may be taken in a specialist field.

General LLM

Compulsory Module, NQF Level 9, 60 Credits

• Research Report, 60 credits

Elective Modules, NQF Level 8, 60 Credits (Non-core), select two

• Prospecting and Mining Law, 30 credits
• Migration, Law and Society, 30 credits
• Regulation and Law, 30 credits
• Study Abroad Elective A, 30 credits
• Study Abroad Elective B, 30 credits
• International Human Rights Law, 30 credits
• Advanced Bill of Rights Jurisprudence, 30 credits
• Advanced Contract Law, 30 credits
• Intellectual Property Law, 30 credits
• Media Law, 30 credits
• Telecommunications Law, 30 credits
• Refugees Law, 30 credits
• Advanced Broadcasting Law, 30 credits
• International Criminal Law (non-core) 30 8
• Advanced Administrative Law (non-core) 30 8
• Access to Information and Privacy Law (non-core) 30 8
• Advanced International Law (non-core) 30 8
• International Environmental Law, 30 credits
• International Dispute Resolution, 30 credits
• Human Rights and the Marketplace, 30 credits
• Pension Fund Law I, 30 credits
• Pension Fund Law II, 30 credits
• Law of Armed Conflict, 30 credits
• Human Rights Advocacy and Litigation Law, 30 credits
• International Business Transactions Law, 30 credits
• International Law on Foreign Investments, 30 credits
• Domestic Tax Law, 30 credits
• Foundational Principles of Tax Law, 30 credits
• International Tax Law, 30 credits
• Climate Change and Energy Law, 30 credits
• Comparative Law of Mining and Environment, 30 credits
• Water Law, 30 credits
• Advanced Collective Labour Law, 30 credits
• Advanced Individual Labour Law, 30 credits
• Environmental Law and Sustainability I, 30 credits
• Environmental Law and Sustainability II, 30 credits
• International Trade Law I, 30 credits
• International Trade Law II, 30 credits
• Labour Arbitration, 30 credits
• Legal Underpinnings of Unsustainable Development, 30 credits
• Mediation and Conciliation, 30 credits
• Taxation of Specific Entities and Transactions, 30 credits
• Urban and Local Government Law, 30 credits.
• Economics of International Trade and Investment, 30 credits

Elective Modules, NQF Level 9, 70 Credits (Core), select two

• Pension Fund Law I, 35 credits
• Pension Fund Law II, 35 credits
• Advanced Administrative Law, 35 credits
• Human Rights and the Marketplace, 35 credits
• Access to Information and Privacy Law, 35 credits
• Advanced Contract Law, 35 credits
• Competition Law, 35 credits
• Intellectual Property Law, 35 credits
• Advanced Broadcasting Law, 35 credits
• Media Law, 35 credits
• Telecommunications Law, 35 credits
• Foundational Principles of Tax Law, 35 credits
• Domestic Tax, 35 credits
• International Tax Law, 35 credits
• Taxation of Specific Entities and Transactions, 35 credits
• International Criminal Law, 35 credits
• Advanced International Law, 35 credits
• Advanced Bill of Rights Jurisprudence, 35 credits
• Human Rights Advocacy and Litigation, 35 credits
• Migration, Law and Society, 35 credits
• Prospecting and Mining Law, 35 credits
• Refugees Law, 35 credits
• Law of Armed Conflict, 35 credits
• International Dispute Resolution, 35 credits
• International Human Rights Law, 35 credits
• International Business Transactions Law, 35 credits
• International Law on Foreign Investment, 35 credits
• Climate Change and Energy Law, 35 credits
• Comparative Law of Mining and Environment, 35 credits
• Water Law, 35 credits
• Advanced Collective Labour Law, 35 credits
• Advanced Individual Labour Law, 35 credits
• Economics of International Trade and Investment
• Environmental Law and Sustainability I, 35 credits
• Environmental Law and Sustainability II, 35 credits
• International Environmental Law, 35 credits
• International Trade Law I, 35 credits
• International Trade Law II, 35 credits
• Legal Underpinnings of Unsustainable Development, 35 credits
• Regulation and Law, 35 credits
• Urban and Local Government, 35 credits

A core module differs from a non-core module in that the inclusion in the module requirements for a core module of an additional research component. The research component of a core module must comprise at least 50% of the total year mark for the course.

In addition to the four coursework courses, a candidate must complete the following requirements

• Satisfactory attendance (as defined in School Standing Orders) of the Research Methodology course.
• A research report of approximately 10,000 words.

Commercial and Business Law

Compulsory Modules, NQF Level 9, 60 credits

• Research Report, 60 credits

Elective Modules, NQF Level 8 or 9, 130 Credits (Select four, two of which must be passed at core level and two at non-core level).

• Access to Information and Privacy Law (non-core/ core), 30/ 35 credits.
• Advanced Administrative Law (non-core or core), 30 or 35 credits)
• Advanced Broadcasting Law (non-core or core), 30 or 35 credits
• Advanced Collective Labour Law (non-core or core), 30 or 35 credits
• Advanced Contract Law (non-core or core), 30 or 35 credits
• Advanced Individual Labour Law (non-core or core), 30 or 35 credits
• Company Law I (non-core or core), 30 or 35 credits
• Comparative Law of Mining and Environment (non-core or core), 30 or 35 credits
• Competition Law (non-core or core), 30 or 35 credits
• Cyber Law (non-core or core), 30 or 35 credits
• Domestic Tax Law (non-core or core), 30 or 35 credits
• Economics of International Trade and Investment (non-core or core), 30 or 35 credits
• Foundational Principles of Tax (non-core or core), 30 or 35 credits
• Human Rights and the Marketplace (non-core or core), 30 or 35 credits
• Intellectual Property Law (non-core or core), 30 or 35 credits
• International Business Transactions Law (non-core or core), 30 or 35 credits
• International Dispute Resolution (non-core or core), 30 or 35 credits
• International Law on Foreign Investment (non-core or core), 30 or 35 credits
• International Trade Law I (non-core or core), 30 or 35 credits
• International Trade Law II (non-core or core), 30 or 35 credits
• Law of Banking and Finance (non-core or core), 30 or 35 credits
• Media Law (non-core or core), 30 or 35 credits
• Pension Fund Law I (non-core or core), 30 or 35 credits
• Pension Fund Law II (non-core or core), 30 or 35 credits
• Prospecting and Mining Law (non-core or core), 30 or 35 credits
• Regulation and Law (non-core or core), 30 or 35 credits
• Telecommunications Law (non-core or core), 30 or 35 credits
• Urban and Local Government Law (non-core or core), 30 or 35 credits

Corporate Law

Compulsory Modules, NQF Level 9, 130 credits

Elective modules, NQF Level 8, 60 credits (select two modules at non-core level)

• Advanced Contract Law (non-core), 30 credits
• Human Rights and the Market Place (non-core), 30 credits
• Competition Law (non-core), 30 credits
• Intellectual Property Law (non-core), 30 credits
• Law of Banking and Finance (non-core), 30 credits
• International Business Transactions Law (non-core), 30 credits
• International Law on Foreign Investment (non-core), 30 credits
• Economics of International Trade and Investment (non-core), 30 credits
• International Trade Law I (non-core), 30 credits
• International Trade Law II (non-core), 30 credits
• Urban and Local Government Law (non-core), 30 credits

Environmental Law

Compulsory Modules, NQF Level 9, 130 credits

• Research Report, 60 credits
• Environmental Law and Sustainability I (core), 35 credits
• Environmental Law and Sustainability II (core), 35 credits

Elective Modules, NQF Level 8, 60 credits, (select two modules at a non-core level)

• Advanced Administrative Law (non-core), 30 credits
• Climate Change and Energy Law (non-core), 30 credits
• Water Law (non-core), 30 credits
• Comparative Law of Mining and Environment (non-core), 30 credits
• Legal Underpinnings of Unsustainable Development (non-core), 30 credits)
• International Environmental Law (non-core), 30 credits
• Prospecting and Mining Law (non-core), 30 credits
• Regulation and Law (non-core), 30 credits
• Urban and Local Government Law (non-core), 30 credits

Human Rights Advocacy and Litigation,190 credits

Compulsory Modules, NQF Level 9, 95 credits

• Research Report, 60 credits
• Human Rights Advocacy and Litigation Law (core), 35 credits

Elective modules, NQF Level 8 or 9, 95 Credits (select three, one of which must be passed at core level and two at non-core level):

• Access to Information and Privacy Law (non-core or core), 30 or 35 credits
• Advanced Administrative Law (non-core or core), 30 or 35 credits
• Advanced Bill of Rights Jurisprudence (non-core or core), 30 or 35 credits
• Human Rights and the Marketplace (non-core or core), 30 or 35 credits
• International Criminal Law (non-core or core), 30 or 35 credits
• International Dispute Resolution (non-core or core), 30 or 35 credits
• International Human Rights Law (non-core or core), 30 or 35 credits
• International Law on Foreign Investment (non-core or core), 30 or 35 credits
• Law of Armed Conflict (non-core or core), 30 or 35 credits
• Migration, Law and Society (non-core or core), 30 or 35 credits
• Refugees Law (non-core or core), 30 or 35 credits
• Regulation and Law (non-core or core), 30 or 35 credits
• Urban and Local Government Law (non-core or core), 30 or 35 credits

Information and Communications Law, 190 credits.

Compulsory Module, NQF Level 9, 60 credits

• Research Report, 60 credits

Elective Modules, NQF Level 8 or 9, 130 Credits (Select four, two of which must be passed at core level and two at non-core level):

• Access to Information and Privacy Law (non-core or core), 30 or 35 credits
• Advanced Administrative Law (non-core or core), 30 or 35 credits
• Advanced Broadcasting Law (non-core or core), 30 or 35 credits
• Cyber Law (non-core or core), 30 or 35 credits
• Intellectual Property Law (non-core or core), 30 or 35 credits
• Media Law (non-core or core), 30 or 35 credits
• Telecommunications Law (non-core or core), 30 or 35 credits
• Regulation and Law (non-core or core), 30 or 35 credits

International Law, 190-200 Credits

Compulsory Modules, NQF Level 9, 95 Credits

• Research Report, 60 credits
• Advanced International Law (core), 35 credits

Elective modules, NQF Level 8 or 9, 95 Credits (Select three, one of which must be passed at core level and two at non-core level ):

• Human Rights and the Marketplace (non-core or core), 30 or 35 credits
• International Business Transactions (non-core or core), 30 or 35 credits
• International Criminal Law (non-core or core), 30 or 35 credits
• International Dispute Resolution (non-core or core), 30 or 35 credits
• International Environmental Law (non-core or core), 30 or 35 credits
• International Human Rights Law (non-core or core), 30 or 35 credits
• International Law on Foreign Investment (non-core or core), 30 or 35 credits
• Law of Armed Conflict (non-core or core), 30 or 35 credits
• Migration, Law and Society (non-core or core), 30 or 35 credits
• Refugees Law (non-core or core), 30 or 35 credits
• Economics of International Trade and Investment (non-core), 30 credits
• International Trade Law I (non-core or core), 30 or 35 credits
• International Trade Law II (non-core or core), 30 or 35 credits

International Economic Law

Compulsory Modules, NQF Level 9, 130 Credits

• Research Report, 60 credits
• International Trade Law I (core), 35 credits
• International Trade Law II (core), 35 credits

Elective Modules, NQF Level 8, 60 credits, select two modules at a non-core level

• Economics of International Trade and Investment (non-core), 30 credits
• Advanced Administrative Law (non-core), 30 credits
• Advanced International Law (non-core), 30 credits
• Human Rights and the Marketplace (non-core), 30 credits
• Intellectual Property Law (non-core), 30 credits
• International Business Transactions Law (non-core), 30 credits
• International Dispute Resolution (non-core), 30 credits
• International Environmental Law (non-core), 30 credits
• International Law on Foreign Investment (non-core), 30 credits
• Competition Law (non-core), 30 credits
• Regulation and Law (non-core), 30 credits)

Labour Law

Compulsory Modules, NQF Level 9, 130 credits

• Research Report, 60 credits
• Advanced Individual Labour Law (core), 35 credits
• Advanced Collective Labour Law (core), 35 credits

Elective Modules, NQF Level 8, 60 credits (Select two modules at a non-core level)

• Access to Information and Privacy Law (non-core), 30 credits
• Advanced Administrative Law (non-core), 30 credits
• Advanced Contract Law (non-core), 30 credits
• Human Rights and the Marketplace (non-core), 30 credits
• Pension Fund Law I (non-core), 30 credits
• Pension Fund Law II (non-core), 30 credits
• Regulation and Law (non-core), 30 credits
• Labour Arbitration (non-core), 30 credits
• Mediation and Conciliation (non-core), 30 credits

Pensions Law, 190 Credits.

Compulsory Modules, NQF Level 9, 130 credits

• Research Report, 60 credits
• Pension Fund Law I (core), 35 credits
• Pension Fund Law II (core), 35 credits

Elective Modules, NQF Level 8, 60 credits (Select two modules at a non-core level)

• Access to Information and Privacy Law (non-core), 30 credits
• Advanced Administrative Law (non-core), 30 credits
• Advanced Contract Law (non-core), 30 credits)
• Human Rights and the Marketplace (non-core), 30 credits
• Regulation and Law (non-core), 30 credits
• Advanced Collective Labour Law (non-core), 30 credits
• Advanced Individual Labour Law (non-core), 30 credits

Tax Law

Compulsory Modules, NQF Level 9, 190 - 200 credits.

• Research Report, 60 credits

Elective Modules, NQF level 9, 60/70 Credits (Select two of which must be passed at the core level

• Foundational Principles of Tax Law (non-core or core), 30 or 35 credits
• Domestic Tax Law (non-core or core), 30 or 35 credits
• International Tax Law (non-core or core), 30 or 35 credits
• Taxation of Specific Entities and Transactions (non-core or core), 30 or 35 credits

Labour Dispute Resolution Practice

Compulsory modules, NQF Level 9, 190 credits.

• Research Report, 60 credits
• Advanced Individual Labour Law (core), 35 credits
• Advanced Collective Labour Law (core), 35 credits
• Labour Arbitration (non-core), 30 credits
• Mediation and Conciliation (non-core), 30 credits

1. Access and process information using advanced research technologies, databases, and digital legal resources.
2. Produce and communicate legal information appropriately.
3. Display theoretical awareness, critical analytic competence, and problem-solving skills within the disciplinary context
4. Demonstrate research competence and the ability to contribute to scholarly or professional debates.
5. Manage him/herself effectively and independently
6. Demonstrate social competence and responsibility for promoting justice, accountability, and societal well-being.
7. Demonstrate eco-systemic competence by understanding how legal issues are shaped by broader socio-economic, political, cultural, and global factors, and apply this awareness in legal analysis.

Associated Assessment Criteria for Exit Level Outcome 1

• Use libraries, computer research skills, and the Internet to search for and find sources of information (e.g., South African and foreign court cases, legislation, and academic literature) as required, under supervision and/or on own initiative.
• Identify and assess the relevance of different sources of information (court cases, legislation, and articles) to practical or theoretical problems.
• Read, understand, and compare complex legal materials and to situate him/herself in relation to the debate.
• Extract and analyse, at an advanced level, relevant principles from legal materials and apply these appropriately.
• Identify possible theoretical issues and practical problems from general legal principles and relevant legal materials.
• Understand at an advanced level the range and relation of various sources of South African law and how they interact to produce a store of legal knowledge.
• Apply ethical methods of accessing and acknowledging information.

Associated Assessment Criteria for Exit Level Outcome 2

• Communicate in accurate and fluent English.
• Produce a document using appropriate technology.
• Structure and present information to render it accessible and in a form appropriate to the genre.
• Know and be able to apply conventions of legal writing relating to the citing of source materials.
• Select, assess, arrange, and apply relevant information to structure a complex legal argument.
• Organise and synthesize information coherently and logically.
• Demonstrate competence in the use of comparative legal sources.

Associated Assessment Criteria for Exit Level Outcome 3

• Demonstrate an advanced understanding of the relevant social, political, economic, and international contexts within which South African law is situated.
• Demonstrate an advanced understanding of how the different areas of the law fit together to make up the legal system.
• Demonstrate an advanced understanding of the theoretical framework of, and key concepts, core legal rules and principles in, specific areas of law.
• Demonstrate an advanced competence in legal problem solving, both at the theoretical and factual levels.
• Use components of general and specialised legal knowledge to deal with novel situations.
• Evaluate the effectiveness of legal rules in dealing with a particular factual situation and suggest appropriate legal reform mechanisms where current rules are inadequate.
• Demonstrate competence in comparative legal techniques.

Associated Assessment Criteria for Exit Level Outcome 4

• Design and execute independently but under guidance a circumscribed research enquiry.
• Find a broad range of information using the appropriate strategies.
• Determine the relevance of information to the topic.
• Display a thorough knowledge of major current resources in the field of study.
• Clearly and concisely explain the nature, purpose, and relevance of the investigation and relate this to legal studies more broadly.
• Display a substantial knowledge of appropriate methods of investigation.
• Display an advanced ability to use research methods appropriately.
• Display an advanced ability to synthesise information to produce a research report.
• Display originality in either combination of materials or application, or in theoretical insights produced.
• Assess the significance of research findings.
• Produce short research papers and/or a circumscribed research report in an appropriate form.
• Use the appropriate conventions of legal writing.
• Apply appropriate ethics to research tasks.

Associated Assessment Criteria for Exit Level Outcome 5

• Study independently and as directed and perform research tasks.
• Perform to high standards under pressure.
• Plan and meet deadlines.
• Demonstrate a serious and applied attitude towards learning.
• Evaluate his / her own performance.
• Learn from experience and adapt to change.
• Define personal research agendas and select personal tasks appropriately.

Associated Assessment Criteria for Exit Level Outcome 6

• Work collaboratively with others on an equal basis and /or within agreed structures.
• Demonstrate the use of appropriate ethics in relations with research subjects and fellow researchers.
• Act in accordance with an understanding of fundamental rights issues.

Associated Assessment Criteria for Exit Level Outcome 7

• Contribute in a scholarly manner to the advancement of knowledge relating to social and environmental matters.
• Analyse and address social issues from a legal perspective.
• Identify situations involving an infringement of fundamental rights.
• Apply legal remedies to situations involving an infringement of fundamental rights.
• Use legal knowledge and techniques responsibly and effectively.

INTEGRATED ASSESSMENT

On this qualification, formative assessment is used to monitor and support learners' progress towards achieving the learning outcomes, while summative assessment measures the extent to which learners have achieved the learning outcomes. Formative assessment is sometimes called "assessment for learning", while summative assessment is called "assessment of learning".

Formative assessment (60%)

In general, at least two formative assessments must be administered that count towards learners' continuous assessment marks and for which learners receive timeous feedback that contributes to their learning for each module, which may consist of essays, group discussions/class presentations, written assignments, and other formative tasks based on different modules.

Summative assessment (40%)

The production of a research report is a compulsory part of the curriculum for this degree. The assessment of this report provides a full indication of the candidate's abilities to find, use, and communicate information appropriately, displaying an appropriate level of social awareness and analytic competence within appropriate methodology constraints. The ability to produce such a report further provides evidence of the candidate's self-management skills and reflexive competence.

For the other modules, summative assessment may take place through written examinations, projects, final assignments, and other ways of assessing at the end of a course or cumulatively.

To promote, monitor, and measure learner learning throughout a course, no single assessment may count for more than 40% of the final mark unless there are special circumstances, in which case the permission of the Dean is required.

Summative Assessment: LLM (by dissertation)

The qualification is assessed entirely based on the submission by the candidate of a dissertation of between 35,000 and 50,000 words dealing with some branch of law or the history or philosophy of law, which must constitute both an application of the methods of research and a contribution to the advancement of knowledge in the subject chosen. This provides an integrated assessment of the candidate's abilities to find, use, and communicate information appropriate level of social awareness and analytic competence within appropriate methodological constraints. The ability to produce such a report further provides evidence of the candidate's self-management skills and reflexive competence.

LLM (by coursework and research report)