Master of Laws in Commercial Law

Purpose

The purpose of the Master of Laws in Commercial Law qualification is to provide learners with a specialised and comprehensive understanding of commercial law principles, practices, and emerging areas within the field. The qualification prepares learners to excel in the dynamic field of commercial law and make valuable contributions as legal professionals in various contexts. The qualification serves multiple purposes.

The qualification aims to equip learners with advanced professional knowledge in commercial law. It goes beyond foundational legal training and delves into equipping learners with advanced knowledge in areas such as banking law, cyber and security law, labour law, corporate law, international business transactions, and tax law. By focusing on these areas of commercial law, the qualification enables learners to develop a deep understanding of the legal intricacies and complexities associated with commercial transactions and operations.

The qualification seeks to bridge the gap between legal training and practical application in the field of commercial law. While traditional legal education provides a strong foundation in legal principles, this qualification enhances learners' ability to apply advanced legal concepts and theories to real-world commercial scenarios. It aims to develop learners' practical skills and critical thinking abilities to effectively navigate the challenges and complexities of commercial law practice.

The qualification responds to the evolving needs of the commercial landscape by offering advanced knowledge in emerging areas of commercial law. It acknowledges the changing dynamics of commerce and business practice, such as advancements in technology, international transactions, and regulatory frameworks. By providing learners with up-to-date knowledge and expertise in these emerging fields, the qualification prepares them to address the legal challenges and opportunities presented by modern commercial environments.

The qualification is designed to enhance learners' career prospects in the legal profession, particularly within the realm of commercial law. It equips learners with the necessary knowledge and skills to pursue diverse career paths, including positions such as:

• Attorneys
• Advocates
• Legal advisors
• In-house legal counsel.

By specialising in commercial law and acquiring expertise in specific areas, graduates of the qualification gain a competitive edge in the job market and open doors to a range of career opportunities in both private and public sectors.

This qualification intends to offer advanced research methods for identifying, collecting, and assessing information, as well as communicating data that may benefit other professionals, academics, and companies.

The qualification will offer learners advanced knowledge in drafting and negotiation of contracts encountered in international business law, corporate law, labour law, banking law, and cyber and security law.

Learners will be exposed to practical aspects and skills in drafting clear, comprehensive, and enforceable contracts. Furthermore, the qualification offers effective negotiation skills to enable learners to advocate for their clients and mitigate any risks in business transactions and contracts.

The qualification targets a diverse range of learners, including attorneys, advocates, legal advisors, in-house legal counsel, and those seeking advanced practical knowledge in emerging fields of commerce and business practice. Hence, the qualification caters to the needs of learners who aspire to enhance their legal expertise, broaden their career opportunities, and stay competitive in the evolving commercial landscape.

Upon completion of the qualification, a qualifying learner will be able to

• Apply advanced knowledge to analyse complex legal issues and apply legal principles effectively within the field of commercial law.
• Critically analyse and evaluate existing knowledge in commercial law and assess legal frameworks and emerging developments to enable informed decision-making and innovative problem-solving.
• Analyse intricate legal problems, and apply advanced problem-solving techniques, and creative thinking to develop novel approaches to complex commercial law challenges.
• Engage in independent research employing appropriate research designs and methods, gathering and analysing legal data, and producing original and meaningful research findings.

Rationale

Organisations and businesses often require legal professionals who possess advanced practical knowledge in commercial law to handle legal matters in-house and in practice. The qualification addresses this stakeholder need by providing learners with the opportunity to gain advanced practical knowledge in emerging fields of commercial law, such as banking law, cyber and security law, international business transactions, labour law, and corporate law.

The rationale of the proposed qualification is to provide a qualification that equips learners with legal expertise, effective communication skills and advanced practical knowledge to enable them to excel in commercial legal practice. Learners seeking to enhance their career prospects in the field of commercial law can benefit from the qualification by acquiring the necessary knowledge and skills to effectively navigate legal challenges within their respective industries.

The qualification aims to produce graduates who can contribute positively to the development and advancement of the business sector. Through their knowledge and skills, graduates can provide legal guidance and support to businesses, organisations, and government entities. By understanding the legal implications of commercial transactions, regulatory frameworks, and emerging trends, graduates can help businesses navigate legal complexities, mitigate risks, and make informed decisions that foster sustainable growth and compliance.

The legal profession, including attorneys, advocates, and legal advisors, requires individuals with practical knowledge in commercial law to effectively serve their clients' needs. The qualification addresses this stakeholder need by equipping learners with in-depth practical knowledge in areas such as banking law, cyber and security law, labour law, corporate law, international business transactions, and tax law. This enables legal professionals to offer comprehensive legal services to their clients in line with the demands of the rapidly changing commercial environment.

Recognition of Prior Learning (RPL)

The principles of RPL are accepted and will be implemented flexibly, with no more than 10% of a cohort of learners in a qualification admitted through an RPL process. The principle of flexible and open access will, however, be offset against the provision so that this is not to the detriment of the potential learner and that his/her chances to succeed are reasonable. Through evaluation by a specifically constituted RPL committee, learners' competencies will be assessed to determine whether they are eligible for access to advanced placement in or have provided evidence that the stated competence of the qualification has been achieved through experience that complies with the stated outcomes.

RPL applicants will be required to prepare portfolios of evidence containing evidence from four sources, including

• Formal learning (e.g., certificates, academic transcripts, etc.),
• Informal learning (e.g., job descriptions, employment contracts, etc.),
• Work products (e.g., statements from employers, evidence of work performed by the applicant, etc.) and a formal interview.

Learners may also be given credit through RPL for individual modules if they can produce a portfolio of evidence or undergo any other recognised means of assessment that shows that they meet the outcomes and associated assessment criteria specified for that module. RPL credits, on the other hand, cannot exceed 50% of the total credits. Applications for credit via the RPL mechanism are reviewed by the RPL committee, which allows for uniform and consistent application of the RPL policy.

Assessment process

• Applicants without the minimum admission requirements for a qualification but with work experience and other relevant qualifications may be invited to submit a portfolio of evidence (PoE) to the academic assistant.
• The PoE is circulated to the academic heads for individual assessment and recommendation.
• The RPL committee meets to discuss the PoE and decide.
• The decision could be that the candidate may be (i) accepted, (ii) declined, or (iii) invited to come in for a test (case study analysis) or an interview with the committee to confirm the contents of the PoE, or both a test and an interview.
• The academic assistant captures the final decision on the application and assessment form. The application form is returned to the sales team, and the assessment form is filed with the individual's PoE.
• The RPL status of the applicant is recorded on the registration form and the learner's record for monitoring and tracking purposes.
• The academic assistant files the minutes of the RPL meeting and sends a copy to the registrar.
• The registrar issues an RPL acceptance letter (based on the minutes), files the PoE and sends it to the learner on request.

Entry Requirements

• Bachelor of Laws, NQF Level 8.

Or

• Postgraduate Diploma in Law, NQF Level 8.

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

Compulsory Modules, Level 9, 90 Credits

• Research Methodology, 30 Credits.
• LLM Mini-Dissertation, 60 Credits.

Elective Modules, Level 9, 90 Credits (Select one module)

• Law of Banking and Instruments of Payment, 30 Credits.
• Corporate Law, 30.
• Labour Law, 30 Credits.
• Selected Aspects of Cyber and Security Law, 30 Credits.
• International Business Law, 30 Credits.
• Taxation Law, 30 Credits.

1. Apply advanced knowledge to analyse complex legal issues and apply legal principles effectively within the field of commercial law.
2. Critically analyse and evaluate existing knowledge in commercial law and assess legal frameworks and emerging developments to enable informed decision-making and innovative problem-solving.
3. Analyse intricate legal problems, and apply advanced problem-solving techniques and creative thinking to develop novel approaches to complex commercial law challenges.
4. Engage in independent research employing appropriate research designs and methods, gathering and analysing legal data, and producing original and meaningful research findings.
5. Demonstrate the ability to think critically, challenge existing norms, propose innovative solutions, and contribute new insights to the field of commercial law.
6. Effectively communicate legal conclusions, analyses, complex legal concepts and recommendations to both specialist and non-specialist stakeholders using appropriate legal language and conventions.

Associated Assessment Criteria for Exit Level Outcome 1

• Illustrate a comprehensive understanding of advanced legal concepts and principles in commercial law.
• Apply legal principles and theories effectively to analyse and solve complex legal problems in commercial law.
• Develop and present well-reasoned legal arguments supported by advanced knowledge and analysis.

Associated Assessment Criteria for Exit Level Outcome 2

• Analyse legal frameworks, precedents, and emerging developments locally and internationally to assess their impact on commercial law practice.
• Apply informed judgments and decisions based on critical analysis and evaluation of legal information.
• Apply innovative problem-solving approaches to complex legal issues, considering evolving legal and business contexts.

Associated Assessment Criteria for Exit Level Outcome 3

• Critically think independently in proposing alternative approaches to legal problem-solving in commercial law.
• Develop and justify novel and effective strategies for resolving complex commercial law challenges.
• Apply innovative problem-solving approaches to complex legal issues, considering evolving legal and business contexts.

Associated Assessment Criteria for Exit Level Outcome 4

• Illustrate a comprehensive understanding of research methodologies and designs relevant to legal research.
• Gather, analyse, and interpret legal data using appropriate research methods and techniques.
• Apply critical thinking and analytical skills to produce original and meaningful research findings in the field of commercial law.
• Present research findings in a coherent and structured manner, demonstrating research competence and scholarly rigour.

Associated Assessment Criteria for Exit Level Outcome 5

• Apply critical thinking skills in analysing and challenging existing norms and practices in commercial law.
• Propose innovative and practical solutions to legal problems in commercial law, supported by sound reasoning and analysis.
• Contribute new insights and perspectives to the field of commercial law through independent thought and original ideas.
• Engage in scholarly debate and intellectual discourse by critically evaluating and discussing current legal issues and developments in commercial law.

Associated Assessment Criteria for Exit Level Outcome 6

• Communicate legal conclusions, analyses, and recommendations clearly, concisely, and effectively to specialist and non-specialist stakeholders.
• Illustrate a comprehensive understanding of legal language, terminology, and conventions relevant to commercial law.
• Structure and present complex legal concepts and arguments in a logical and organized manner.

INTEGRATED ASSESSMENT

The assessment strategy uses a variety of methods in the formative as well as summative assessments, which are always underpinned by a case study-based approach.

Formative Assessment

The formative assessment tasks include

• Continuous self-assessment
• Case studies
• Weekly case submissions
• Presentations
• Assignments

Formative assessment tasks and activities inter alia include

• Online tests
• Simulations
• Portfolio
• Legal drafting
• Moot court and assignments.

Summative Assessment

The summative assessment takes the form of a final examination and projects. Summative assessments are integrated in that they also follow a case-based approach, and they take place at the end of the semester.

The summative assessments include

• Projects,
• Online proctored examination
• Research projects.

It is worth mentioning that some of the work is done individually, in pairs and/or in groups by learners.

The assessments are divided into two, formative and summative, with assessment weight ranging between 50%/50% and 40%/60% depending on the module. All tests (class and semester) are to be put into a database for future use. All the above contribute approximately 40% towards the final mark, depending on the module. In line with the requirement for flexibility, this parameter may be adjusted slightly to reflect important industry trends, but without substantially changing the nature of the course. Summative assessments constitute up to approximately 60% of the overall mark, depending on the module

Revision workshops are to be held before exam sessions, preparing learners for upcoming examinations. A general standardised scope document will be made available, highlighting important focus areas.

All formative and summative assessments of the modules will be internally and externally moderated by subject matter experts (SMEs) who are experts from industry (provided they have the requisite minimum academic qualifications at NQF 10), respectively, private, and public higher education institutions with relevant academic qualifications (NQF10) as well as experience, will be appointed to serve as external examiners.

All assessments will be of an application in nature to allow learners to demonstrate their ability to apply the concepts and principles of the fundamental knowledge gained in the various modules. The institution will develop a database of highly qualified experts who will be called upon from time to time to assist with the moderation of the assessment tools as well as the learners' responses/scripts.