Master of Laws in Commercial Law

Purpose

It is intended that the student enrolled for this Master's Degree will make a contribution, through independent research, advanced problem-solving skills and critical, reflective thinking that will contribute to the knowledge and practice in the field of Commercial Law.

The student will present research findings in reports that meet the accepted criteria and ethical principles of the University. The student will also be assessed on course-work according to Institutional and Faculty policies and procedures.

Rationale

The rationale for the qualification is to equip the next generation of legal scholars with the ability to conduct legal research and solve legal problems in Commercial Law. In this way, the student's knowledge of Commercial Law in its historical, national and international contexts would be enhanced - in order to have a meaningful impact on creating justice in and between societies.

It is assumed that students have sufficient knowledge and skills to master research principles, methods and techniques due to prior learning and experience, that they are able to carry out independent research and have the required language skills to write a dissertation.

Formal learning required is a four-year Bachelor's Degree: Law with exit level on NQF Level 8.

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 this Dean's Committee.

• A BProc Degree does not satisfy the formal entrance requirements for an LLM programme, but the holder of a BProc Degree may apply for admission to the LLM Degree through Recognition of Prior Learning, which application may be granted subject to such conditions as may be considered to be appropriate.

Access to Qualification

• The minimum entry requirement is a four-year Bachelor's Degree: Law with exit level on NQF Level 8.
• Candidates for admission to Master's Degrees in general need to have obtained their previous Degree with an average mark of at least 65%.
• A student can gain entry at the beginning of and for purposes of registration for any of the three coursework modules.
• Depending on the entry qualification and the average mark obtained for it, a supplementary study programme may be required as condition for admission in a specialised field of law.
• Students may be selected for entry to the qualification. This selection will be based on one or more objectively justifiable and appropriate criteria. Such criteria may include the academic merit of an applicant, the relevant practical experience of an applicant and the number of students who can be effectively accommodated in a programme or module having regard to the high level of personal interaction required between Masters students and supervisors/study leaders.
• Work prescribed in law modules is in English and in Afrikaans. It is the student's responsibility to ensure that he/she is able to understand the prescribed work in both languages.

• The minimum period of study for the coursework LLM Degree (Commercial Law) is one year or two years depending on whether it is offered full-time or part-time.
• The maximum period of study for the coursework LLM is two years for a full-time and three years for a part-time student, including the finalisation of the minor dissertation. Extensions to these periods will only be entertained in exceptional circumstances and will be dealt with in accordance with the Higher Degrees and Postgraduate Studies Policy.
• The curriculum comprises four modules of which three are coursework modules and one is a minor dissertation of limited scope. In each coursework module, 25% of the student's time is spent conducting and reporting research, whilst of the time spent on the minor dissertation, 100% is spent conducting and reporting research. The research component of the qualification is thus 50%.
• The coursework modules are offered one per semester over a period of two years or two per semester over a period of one year as determined by the Faculty Board.
• A student may not register for the minor dissertation before the final year of registration. The Executive Dean may approve a deviation from this rule in exceptional circumstances.

1. Demonstrate advanced application of concepts, ethics, theories and analytical processes in relation to the chosen focus area of Commercial Law.
2. Access, analyse, organise and critically evaluate existing knowledge in the focus area of Commercial Law.
3. Engage in independent research and produce findings in the form of a research report from a range of appropriate research designs, methods, techniques and technologies in the chosen focus area of Commercial Law.
4. Demonstrate in-depth understanding of own position in relation to major debates within the chosen field of Commercial Law.
5. Demonstrate specialist forefront knowledge and expertise in Commercial Law and the competency to apply these creatively within the chosen field of Commercial Law.
6. Critically analyse and evaluate the outcomes of interventions, techniques, strategies or processes in Commercial Law.

Critical Cross-Field Outcomes

This qualification enables all the Critical Cross-Field Outcomes to be addressed.

Students must

• Demonstrate an ability to collect, assess, appraise, organise and critically evaluate the relevant material in the field of study, namely Commercial Law, to demonstrate a sound knowledge of the field of study.
• Demonstrate the ability to communicate effectively on problem areas and issues related to the specified field of law and the identified research topic in such area of the law.
• Illustrate an interpretative, problem-sensitive understanding - based on advanced study and research of stated law and scholarly writings - of the fundamental legal principles underlying the subject matter of the course work modules and minor dissertation.
• Demonstrate critical and creative thinking in response to legal problems identified in the field of study.
• Show a development in their ability to work effectively as a member of a team, group, organisation or the community as a whole.
• Be capable of organising and managing their activities related to the course-work module responsibly and effectively.
• Demonstrate an understanding of the inter-relationship between related systems and recognise that problem solving contexts do not exist in isolation.
• Be capable of reflecting on the importance of the role of the law in the development of societies and people.
• Be able to assess how the qualification may be utilised to access the labour market.
• Be aware of the necessary elements to develop and maintain, at a high level, a career in law.

Associated Assessment Criteria for Exit Level Outcome 1

1.1 Discussions reflect a clear understanding of the context (including policy, legislation and global issues), appropriate concepts, methods, ethics, theories and analytical processes in Commercial Law.

1.2 Presentations reflect the appropriate application of the relevant concepts, methods, ethics, theories and analytical processes in Commercial Law.

1.3 Written work on Commercial Law displays critical analysis and a degree of intellectual independence.

Associated Assessment Criteria for Exit Level Outcome 2

2.1 Current literature and research in the field of Commercial Law are accessed, analysed and organised systematically.

2.2 Evaluations demonstrate clear evidence of effective application of the principles of research practice in the area of Commercial Law.

2.3 Conclusions and recommendations are justified by the use of appropriate evidence and arguments.

Associated Assessment Criteria for Exit Level Outcome 3

3.1 The research is planned and conducted on the basis of a range of appropriate research designs, methods, techniques and technologies for the specific research problem.

3.2 Research themes are appropriately identified and demarcated.

3.3 Analysis of the research theme include a comprehensive and critical review of current literature and investigations.

3.4 Selected research methods, techniques and technologies show evidence of a clear understanding of relevant research theory and practice.

3.5 Research reports critically and coherently describe theoretical arguments, the research process, methodology, results, conclusions and recommendations.

3.6 Research reports display skill in extrapolating key findings, justifiable conclusions and, where applicable, making feasible recommendations.

Associated Assessment Criteria for Exit Level Outcome 4

4.1 Motivations of own position to specific debates are based on sound integration of relevant theory, practice, research and independent, creative thinking.

4.2 Discussions demonstrate understanding of one's own position and its feasibility in relation to major debates.

4.3 Written and oral formats clearly and cogently communicate explanations of own position.

Associated Assessment Criteria for Exit Level Outcome 5

5.1 Analysis of the problems and issues reflect a purposeful and critical application of advanced theory, current knowledge and expertise in Commercial Law.

5.2 Interventions and/or recommendations reflect purposeful and creative plans to seek solutions based on theory and proven methods in Commercial Law.

5.3 Discussions and/or interventions reflect advanced application of appropriate skills, strategies and techniques in accordance with corresponding theoretical assumptions in Commercial Law.

5.4 Research and/or interventions include the appropriate and creative use of tools and/or data relevant to the field of Commercial Law.

Associated Assessment Criteria for Exit Level Outcome 6

6.1 Evaluations comprehensively describe outcomes of interventions, techniques, strategies or processes in relation to the stated goals and in accordance with corresponding theoretical assumptions.

6.2 Evaluations critically analyse outcomes in accordance with the identified needs and issues within the area of Commercial Law.

6.3 Evaluations are purposefully used as the basis for planning, implementing and making recommendations.

Integrated Assessment

Assessment of the course work modules and the minor dissertation is conducted in accordance with the University's Academic Regulations and Higher Degrees and Postgraduate Studies Policy.

After approval and final approval of assessors by the Faculty Higher Degrees Committee and Senate Higher Degrees Committee respectively, assessors are formally appointed through the Executive Dean's office.

Assessment (both in the course-work examinations and in the minor dissertation) focuses strongly on the ability to integrate prior knowledge gained in preceding studies with a deeper, high-level knowledge of the research topic gained from the research into the topic and from the scholarly writing on it. The purpose is to demonstrate a reflective and scholarly understanding of the research topic and of the relevant branch of the law.

To pass a student must individually pass all three coursework modules and the minor dissertation.

To pass a coursework module or the minor dissertation, a student must obtain a minimum summative assessment mark of 50%. A student may receive credit for any coursework module or minor dissertation passed.

Each one of the three coursework modules carries a weight of 2/9 (22.3%) and the minor dissertation a weight of 1/3 (33,3%) in the calculation of the final mark of the qualification.

The qualification is awarded cum laude if a student completes the qualification within the minimum prescribed period of study plus one year and obtains a final mark of at least 75%.

No supplementary examination is granted in a coursework module. The internal assessor may, however, exercise his/her discretion in calling a student for a reassessment when a student needs only one coursework module to complete the qualification.

The UJ Academic Regulations regarding substitute and aegrotat examinations are applicable mutatis mutandis.

A student who fails a coursework module may re-register for that coursework module only once and then in the following semester during which the module is offered.

For the minor dissertation assessors provide written reports and advise the University on one of the following results

• That the dissertation be approved and the Master's Degree be awarded (this recommendation may be conditional upon minor changes being made to the satisfaction of the supervisors).
• That the dissertation be accepted provisionally and that the student be allowed to make non-substantial corrections and improvements as indicated by the assessor within a period of one month.
• That the dissertation not be accepted, but that the student be given the opportunity to substantially revise the dissertation in the light of deficiencies identified by the assessor within a period of three months.
• That the dissertation be rejected and no reassessment be considered.

Senate approves the final result of the assessment following consideration, in terms of the University's Academic Regulations and Higher Degrees and Postgraduate Studies Policy, by the Faculty Higher Degrees Committee and Senate Higher Degrees Committee of the assessors' reports and any additional reports of assessors or arbitrators.

In the assessment of any component of a Master's programme, the Faculty Higher Degrees Committee is not bound to award a simple aggregate of all assessors' marks if persuasive reasons exist for awarding a different mark. Faculty regulations will stipulate the methodology to be employed in comparing the various recommended assessment outcomes. In all cases, though, the cumulative weight of the external assessors' marks may not be less than 50%. The Faculty Higher Degrees Committee will pay particular attention to final marks below 50% and final marks in the range 70% - 74%.