Master of Laws in Legal Aspects of HIV/AIDS

Purpose

The primary purpose of the qualification is to provide learners with the knowledge, specific skills, and applied competence in a number of legal fields relating to Human immunodeficiency virus infection and acquired immune deficiency syndrome (HIV/AIDS) for continued personal intellectual growth, gainful economic activity, and valuable contributions to society.

Rationale

The aim of this qualification is to provide South Africa and the global community with Postgraduate lawyers skilled in the legal aspects of Human immunodeficiency virus infection and acquired immune deficiency syndrome (HIV/AIDS) to ensure that the leadership base of innovative and knowledge-based economic and scholarly activity is widened. It is also aimed at providing South Africa and the global community with Postgraduate lawyers skilled in the legal aspects of HIV/AIDS, who understand the constructive role they need to play as intellectual leaders in their society, and who are empowered and equipped with the required research and analytical skills to play a key role in the continued shaping of the legal dispensation in a just society based on constitutional democracy within a world legal order.

Recognition of Prior Learning (RPL)

This qualification recognises

Formal prior learning

Students are expected to hold a Bachelor of Laws LLB Degree, or to hold a Baccalaureus Procurationis (BProc) Degree and to have either successfully completed the attorney's admission examinations, or four approved LLB modules.

Entry Requirements

The minimum entry requirements are

• A Bachelor of Laws: Postgraduate.

Or

• A Postgraduate Diploma in Law.

This qualification consists of compulsory modules at Levels 8 and 9 totalling 180 Credits.

Compulsory Modules at Level 8: 156 Credits

• Master of Laws (LLM) Short Dissertation (Jurisprudence), 60 Credits.
• Legal Aspects of HIV/Aids 2: HIV/Aids and Selected Areas of the Law, 36 Credits.
• Legal Aspects of HIV/Aids 3: The Rights and Duties of Persons Living with HIV/Aids, 36 Credits.
• Legal Aspects of HIV/Aids 1: HIV/Aids in The Health Care Context, 24 Credits.

Compulsory Module at Level 9: 24 Credits

• Research Methodology for Law, 24 Credits.

1. Identify, analyse, formulate and solve convergent and divergent complex and highly specialised legal problems critically, creatively and responsibly.
2. Work effectively with others as a member of a team, group, organisation or community to contribute to the sound administration of justice, the development of the law and legal system to meet the needs of society, and to further a just society based on a constitutional democracy.
3. Manage and organise her or his activities and life responsibly and effectively, including her or his studies and career.
4. Collect, analyse, organise and critically evaluate information.
5. Communicate effectively using language skills in the modes of oral and/or written presentation in sustained discourse.
6. Use technology effectively and critically, showing responsibility towards the environment and health and well-being of others, in community, national and global contexts.
7. Demonstrate an understanding of the world as a set of related systems by recognising that problem-solving contexts do not exist in isolation, and by acknowledging their responsibilities to those in the local and broader community.

Associated Assessment Criteria are applied in an integrated manner to the Exit Level Outcomes

1.

• Relate highly complex everyday situations to the law.
• Identify complex legal problems in real-life or simulated factual situations.
• Analyse the nature of different complex and highly specialised legal problems.
• Recognise, appreciate and evaluate different perspectives to the same problem.
• Gather relevant South African and comparative legal sources which may aid in solving a given problem.
• Engage critically and analytically with legal materials in order to make a responsible selection of potentially relevant material with due regard to the weighting of different authorities.
• Present and evaluate different perspectives on the same legal problem.
• Use their sophisticated knowledge base to critically evaluate different options in solving a legal problem.
• Present authoritative substantiated argument, based on the responsible and extensive use of legal authority, in support of solutions to a given problem.
• Use their advanced knowledge and skills creatively to offer suggestions for solving new problems at a community, national, international and global level.
• Solve legal problems in South Africa creatively by responsible comparison to and critical evaluation of solutions in other legal systems, as well as global trends.

2.

• Show evidence of their understanding that the law has to balance different powers, legal systems and competing interests of individuals and groups in society.
• Acknowledge, demonstrate and promote tolerance of diversity within their community, South Africa and globally.
• Respect and investigate different opinions without pre-conceived bias.
• Demonstrate their understanding of the different role players in the legal process.
• Realise their responsibility to take part in legal development on local, provincial, national and international level.
• Provide scholarly leadership within their community.

3.

• Demonstrate the requisite advanced study skills and learning strategies.
• Organise and manage their study plans.
• Use creative and various learning strategies which suit their personal situations and contexts.
• Cope with the self-discipline necessary for distance learning.
• Draw common principles from and reconcile different branches of the law.
• Assess their own strengths and weaknesses and develop coping strategies.

4.

• Demonstrate advanced research skills and the capacity for advanced independent study.
• Find relevant source material in the library, on the internet, etc.
• Use the library and other resources effectively to suit their individual needs.
• Use library and other resources effectively to suit the needs of the particular area of research.
• Analyse and critically evaluate all relevant information to select specifically applicable material for a specific legal issue.
• Organise relevant material with due regard to the weighting of different sources of law.
• Act responsibly and ethically as an advanced researcher and a scholar, e.g. appropriate acknowledgement of sources, referencing, avoiding plagiarism, etc.
• Follow the conventions of scholarship in their discipline.
• Present substantiated arguments, opinions and solutions, based on their research.
• Follow academic conventions regarding acknowledgement of sources and referencing.

5.

• Advance arguments and analyses by means of sophisticated language.
• Where appropriate analyse and interpret statistics.
• Communicate their interpretation of legal sources in their own words.
• Demonstrate their ability to interpret and draft legal documents.
• Follow the language conventions of written and/or oral use in the discipline of law.

6.

• Select the appropriate technology (computers, internet, etc.) for learning, research and communication.
• Use available technology responsibly and skilfully to enhance learning and scholarship.
• Recognise the ethics and legal issues involved in the use of technology.
• Identify legal issues pertaining to the use of e.g. the internet and deal effectively with those.
• Stay abreast of legal developments in regard to technology.

7.

• Show in-depth understanding of the legal systems of the world for purposes of comparative research and problem solving.
• Place the South African legal system(s) in context within Africa and the rest of the world.
• Identify similar situations in comparable legal systems and seek harmonising solutions.
• Appreciate and tolerate cultural and religious diversity as manifested in different legal orders.
• Realise South Africa's contribution to a just world legal order.
• Understand South Africa's role in international law, including regional and international conventions and initiatives.
• Explain the significance of international law, including regional and international conventions and other instruments for the South African community.

Integrated Assessment

Formative Assessment is done by means of activities in study guides, self-assessment questions in study guides and self-assessment assignments as well as written assignments that have to be submitted for assessment. The assignments are either in the form of short questions, essays or a combination. Students must submit at least two assignments for each module. The marks obtained for these assignments contribute a minimum of percentage towards the final mark for the module. The remaining mark is made up of the examination mark. Feedback on activities and self-assessment questions are provided in study guides and tutorial letters. Individual feedback on assignments is provided by assessors in marked assignments while general feedback on these assignments is provided in tutorial letters. Summative assessment is conducted by means of a two-to three-hour examination per module. Feedback on Summative Assessment (examinations) is provided to individual students upon request.