Master of Laws in Business Law

Purpose

The purpose of the qualification is to enable learners to become effective legal researchers and to critically engage with legal principles within this broader context, so ensuring their professional development as legal scholars and/or practitioners The purpose is to engage relevant material for use in the national, African regional and international contexts, thus enabling learners to interpret law in the broader context to effect positive legal change. The aim is to develop various competencies and skills that facilitate life-long learning.

Rationale

As the legal field is ever changing and developing within a broader constitutional, national and international context, new knowledge generated by trained researchers as professional practitioners is necessary for the enhancement of the broader legal profession, private and public practice, the judiciary and the court system, and government and the legislature. Learners are assisted to engage with the underlying legal theories and to assess the legal principles that ultimately impact on society as a whole. An opportunity is provided for learners to obtain detailed knowledge of a specific chosen legal area, and to critically reflect, analyse and synthesise divergent legal concepts in the chosen area.

Recognition of Prior Learning (RPL)

The institution accepts the principle underlying outcomes-based, source-based and life-long learning, in which considerations of articulation and mobility play a significant role, and subscribes to the view that Recognition of Prior Learning, whether acquired by formal education curricula at this or another institution or informally (by experience) is an indispensable element in deciding on admission to and awarding credits in an explicitly selected teaching-learning qualification of the institution.

An applicant who falls outside of the formal qualifications system, but who can demonstrate (through the production of substantial and satisfactory evidence) experiential or work-based learning or a non-formal qualification (or a combination), may be considered for admission and/or for the Recognition of Prior Learning for the achievement of the qualification in part or in full. An applicant who after such assessment, is deemed to have sufficient potential, but is in need of further academic development, must be directed to other suitable learning qualifications prior to admission or to parallel qualifications after admission.

Entry Requirements

The minimum entry requirement of this qualification is a

• Bachelor of Laws, NQF Level 8.

This qualification consists of compulsory and elective modules at Level 9 totalling 192 Credits.

Compulsory Modules at NQF Level 9 totalling 120 Credits

• Mini Dissertation, 96 Credits.
• Research Methodology, 24 Credits.

Elective Modules at Level 9 totalling at 72 Credits (Choose any three)

• Advanced Tax I, 24 Credits.
• Advanced Insolvency Law, 24 Credits.
• Advanced Corporate Law, 24 Credits.
• Advanced Contract Law, 24 Credits.
• Consumer Law in South Africa, 24 Credits.
• Sports Law 1, 24 Credits.
• Advanced Labour Law, 24 Credits.
• Advanced Tax II, 24 Credits.
• International Trade Law, 24 Credits.
• Intellectual Property Law, 24 Credits.

1. Identify, describe, critically evaluate and apply the main concepts and legal principles pertaining to the selected area of legal study within a broader constitutional and international context.
2. Identify issues and solve practical and perceived legal problems through analytical thinking and evaluative techniques.
3. Demonstrate advanced legal research skills pertaining to national, regional and international business laws.
4. Apply a critical and evaluative approach to analysing complex issues in the field of business law.
5. Analyse complex legal problems relating to business law and motivate the appropriate way of dealing with these problems, with reference to specific legal principles.
6. Critically engage with legal principles specifically within the context of business law, and identify how they should be applied to complex legal problems in a business context.
7. Undertake independent legal research and write a dissertation, which reflects advanced research skills, independent thinking, critical analysis and advanced insight into the selected areas of business law.

• Demonstrate adequate knowledge and understanding of three substantive law modules from Advanced Corporate Law, Advanced Contract Law, Advanced Insolvency Law, Advanced Labour Law, Advanced Negotiable Instruments, Advanced Tax Law, Consumer Law, Intellectual Property Law, and International Trade Law.
• Produce a dissertation or publishable articles, which make a contribution to knowledge by exploring an aspect of law and is satisfactory in form and content.

Integrated Assessment

In terms of modules, learners will be assessed on their ability to write and research assignments, which must demonstrate skills such as assimilation, analysis and critical assessment of the content matter of the module and an examination. Dissertation - In preliminary drafts the work of learners will be developmentally-assessed by their supervisors: 0% weighting. The final draft will be summatively-assessed by an internal examiner: and his/her mark will constitute 50% of the final mark and by an external examiner and his/her mark will constitute 50% of the final mark. In order for all the assessment purposes to be achieved, assignments; examinations will form part of assessment methods.