Master of Laws in Corporate Law

The purpose of the four taught modules is to develop the learner's intellectual and theoretical competencies at an advanced level, and to strengthen his/her ability to understand the law of partnership and business trusts as well as corporate law from the viewpoint of a critical analysis of the underlying principles and a comparative of the application value of information.

The learner will be able to demonstrate his/her ability to reason critically and solve problems theoretically and practically, as well as to identify, interpret and evaluate the essence of relationships between theory and practice.

By successfully completing the dissertation, the learner will furnish proof that s/he is capable of giving a scientific account of and apply the knowledge in the area of the law of partnership and business trusts as well as corporate law that s/he has gained through literature study. This the learner will be able to demonstrate the ability to define the topic, arrange the subject-matter coherently, accurately and succinctly formulate, interpret and reflecting scholarly opinion on the topic, identify particular problem areas and develop a clear line of argument by means of analysis and interpretation. This ability will be invaluable in further research, for example for the purposes of obtaining further postgraduate qualifications, as well as in practice of corporate law at a high level.

The minimum entry requirement is a LLB degree (or equivalent qualification). A student can gain entry at the beginning of certain modules, and may receive credit for any successfully completed module.

RECOGNITION OF PRIOR LEARNING

Students who do not meet the normal admission requirements for the qualification may apply for recognition of prior learning and for admission on the basis thereof. Prior learning can include prior qualifications, other prior formal, informal and non-formal learning as well as relevant work experience. If admission is granted, students must undertake to comply with all the conditions that may be set with a view to promoting successful studies.

Through recognition of prior learning a learner can gain access, or advanced placement, or recognition of status on condition that s/he continues his/her studies at this university.

Recognition of prior learning in the case of learners not complying with the formal entry requirements will be conducted in accordance with the policy and guidelines of the University concerning the recognition of other forms of formal, informal and non-formal learning and experience. For this post-graduate qualification, recognition takes place only where prior learning corresponds to the required NQF-level, and in terms of applied competencies relevant to the content and outcomes of the qualification.

Recognition of prior learning by the Faculty takes place in terms of an assessment procedure. This procedure includes a motivated recommendation by an assessment panel to the Dean's Committee, which takes the final decision.

The learners should be able to

1. Problem solving skills

Learners will be able to identify, analyse, comment on and solve advanced problems in the field of the law of partnerships and business trusts as well as company law and close corporations law.

1. Team ship

Learners should be able to work in a team or group and reflect on and integrate their own participation.

1. Self-responsibility skills

The primary key to obtaining a masters degree by course work is indeed self-responsibility. Therefore, successful learners will have to be able to demonstrate an ability for self-reflection, independent assessment, analysis, and interpretation, self-study, self-discipline, initiative, and the ability to plan, organise, manage and execute the research and writing of the dissertation responsibly and effectively.

1. Research skills

Learners will be able to demonstrate their ability to plan and conduct advanced research, and be capable of giving a scientific account of and apply the knowledge in the area of the law of partnership and business trusts as well as company law and close corporations law hat s/he has gained through the study of literature.

1. Communication skills

Communication and communication skills, both orally and in writing, are keys to the effective practice of the law at an advanced level and to high-level research. Learners should therefore be able to demonstrate their ability to communicate their knowledge effectively, both orally and in writing,

1. Technological and environmental literacy

Learners should be able to demonstrate the ability to utilise science and technology effectively in the course of the study, research and writing required for the qualification.

1. Developing macro vision

Learners must be able to show their ability to comprehend the interrelationship between the law and other fields and with society in general, and in particular those involving the law of partnership and business trusts as well as corporate law.

1. Learning skills

Learners must be able to demonstrate their ability to independently and innovatively undertake high-level research and reflective studies.

1. Citizenship

Learners must be able to demonstrate an awareness and knowledge of responsibilities of business and stakeholder in businesses in society, thereby enhancing their social responsibility as citizens.

1. Cultural and aesthetic understanding

Learners must be able to demonstrate a well-developed sensitivity for cultural and aesthetic realities in society.

1. Employment seeking skills

Learners should be able to access advanced employment opportunities, particularly in the fields of law partnership and business trusts as well as company law and close corporations law.

1. Entrepreneurship

Learners should be able to demonstrate the application of entrepreneurial skills in the practice of law at an advanced level, and in the undertaking of high-level research in the fields of the law of partnerships and business trusts as well as company law and close corporations law.

Can the learners

1. Demonstrate, in written or oral form, an ability to identify, analyse and solve high-level legal problems.

Solve relevant legal problems by skillfully identifying, analysing, and commenting on it.

1. Demonstrate the ability to participate effectively in debating solutions and approaches to particular legal problems.
2. Undertake independent research and writing at an advanced level.

Analyse related legal problems and their solutions independently.

1. Display an ability to conduct a high-level research project successfully.

Define a particular related topic, arrange the subject-matter coherently, accurately and succinctly reflect, formulate and interpret scholarly opinion on the topic.

Identify particular problem areas and develop a clear line of argument by means of analysis and interpretation.

1. Advise clients on the legal implications of and on solutions for particular legal problems and questions relating to partnerships, business trusts, companies and close corporations.

• Write a report in which a particular related problem is identified, analysed, and discussed.

1. Make use of written and electronic data in writing a report/assignment and dissertation.
2. Debate the impact of certain problems relating to partnerships, business trusts, companies and close corporations on society.
3. Undertake advanced research and write a dissertation on an applicable topic on the field of the law of partnership and business trusts, company law or close corporations law.
4. Debate the impact on society in general and on certain interest groups in particular, of related legal provisions and principle.
5. Reveal an ability to distil moral and cultural values I respect of the role and function of business entities in society.
6. Display an awareness as to how the qualification can be utilised to access the labour market.
7. Display an ability to develop and maintain a career that is enhanced by the level of knowledge and expertise in the fields of the law of partnerships and business trusts as well as company law and close corporations law.

INTEGRATED ASSESSMENT APPROPRIATELY INCORPORATED TO ENSURE THAT THE PURPOSE OF THE QUALIFICATION IS ACHIEVED

Assessment seeks (1) evaluate learner performance in order to determine whether learners comply with assessment criteria; and (2) encourage and guide the improvement of learner performance. Assessment is therefore based on the principle of continuous and regular assessment and complete and prompt feedback. Assessment consists of two components, formative assessment and summative assessment.

FORMATIVE ASSESSMENT PRACTICES THAT WILL BE IMPLEMENTED

• Formative assessment is aimed at the development of a life-long learning culture based on continuous self-study. More particularly, in this qualification, formative assessment aims at the preparation of learners for an examination at the end of each module and for writing a quality dissertation or offering a quality seminar programme. Formative assessment is conducted by class discussions and the writing of the dissertation.
• Regular meetings between learners and their study leaders take place during which all aspects pertaining to the preparation for and drafting of the research dissertation (or the presentation of the seminar programme) are discussed. Study leaders assess learners continuously and, equally important, guide them through the process.

SUMMATIVE ASSESSMENT PRACTICES THAT WILL BE IMPLEMENTED

Integrated assessment, focusing on the achievement of the exit-level outcomes, will be done by means of

Both the examinations at the end of each module and in the dissertation, learners are assessed on their ability to integrate prior knowledge gained in preceding studies with a deeper, high-level knowledge of relevant topics dealt with in the course of the qualification, and of the research topic gained from the research into the topic and from the scholarly writing thereon. The purpose is to demonstrate a reflective and scholarly understanding of the relevant law and of the research topic. In conjunction with formative assessment, summative assessment determines whether the learner is awarded the qualification. In the summative assessment, the four modular examinations and the final dissertation as submitted are examined by a panel of not less than two Examiners (see also par. 10- Criteria for the registration of assessors). The qualification is obtained if the learner passes all four modular examinations and the dissertation or seminar programme.

As a further demonstration of the learner's ability in this regard, the learner may be required to submit a publishable article based on the dissertation which may, at the discretion of the study leader, be submitted for publication in a law journal under the name of the learner or the names of both the learner and the study leader, depending on the level of guidance and input provided by the study leader.