Master of Laws in Environmental Law

Purpose

The primary purpose of the qualification is to provide specialised professional knowledge to equip members of the legal profession. The qualification will produce learners with expertise in Environmental Law. Learners will develop knowledge in core areas of environmental law and be able to apply the principles of environmental law while developing professional research skills to analyse and critique.

Rationale

Environmental law is one of the fastest-growing legal sectors in South Africa. Triggered by the inclusion of an environmental right in Section 24 of the Constitution, the national environmental authorities have introduced new legislation governing the following sectors in the past decade and a bit: environmental management, environmental impact assessment, environmental compliance and enforcement, freshwater resources, marine living resources, forestry, biodiversity, protected areas, air pollution, waste, integrated coastal management, land use planning etc.

This legislative reform mimics in many senses in the provincial and local spheres of government. Furthermore, the judiciary has increasingly being called upon to interpret this contemporary, complex and nuanced legal framework that applies to a diverse set of actors and actions, given the all-pervasive nature of the environment.

Within the legal profession, there are areas of law and legal practice which are not dealt with at all, or lack sufficient detail, during the LLB Degree - thereby failing to equip a lawyer to practice with expertise and professional knowledge. Environmental law is one such area of law. The qualification for other professional disciplines such as zoologists, botanists, ecologists, planners and environmental practitioners similarly do not adequately capacitate them to practically grapple with the constantly evolving, complex and nuanced environmental regime, whether they are policy-makers, technocratic government officials, developers or environmental consultants. There is accordingly a great need to educate and train this diverse set of actors in Environmental Law to enhance their ability to operate within their respective professional employment settings.

The Master of Laws in Environmental Law will educate and train graduates for advanced and specialised professional employment.

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 NQF Level 9 totalling 180 Credits.

Compulsory Modules at NQF Level 9, 90 Credits

• Principles of Environmental Law, 30 Credits.
• Research Project (Environmental Law), 60 Credits.

Elective Modules at NQF Level 9, 90 Credits (Choose three)

• International Environmental Law, 30 Credits.
• Land Use Planning Law, 30 Credits.
• Natural Resources Law, 30 Credits.
• Pollution Law, 30 Credits.

Exit Level Outcomes

• Demonstrate knowledge of the area of law; its theoretical and policy underpinnings; its sources; its current political, economic and social context; its historical origins, and current domestic and international developments in practice in this specialist area of law.
• Research this specialist area of law independently, including conducting comparative research where appropriate.
• Evaluate critically the policy underpinnings of this specialist area of law; the degree to which the law succeeds in achieving its policy objectives, and its suitability for current circumstances.

The following Associated Assessment Criteria will assess the Exit Level Outcomes in an integrated manner

• Demonstrate clear evidence of unsupervised, effective application of sound research practices in Environmental Law, namely that:

> Identify and demarcate research issues or themes appropriately.

> Access a comprehensive range of current literature and research in commercial law.

> Analyse and accord this literature and research with appropriate weight as the authority.

> Plan and conduct the research using a range of research methods and techniques appropriate for a professionally relevant research task.

> Select research methods and techniques show evidence of a clear understanding of relevant research theory and professional practice.

> Ensure the presentation of the results of such research critically and coherently describe theoretical arguments, the research process, methodology, results, conclusions and recommendations relevant to a professionally relevant research task.