Postgraduate Diploma: Corporate Law

Purpose

The primary purpose of this qualification is for learners to gain knowledge and applied competence for continued personal intellectual growth, gainful economic activity, and valuable contributions to society in the specialised field of corporate law.

Secondly this qualification will provide South Africa and the global community with people skilled in corporate law to ensure that the leadership base of innovative and knowledge-based economic and scholarly activity is widened.

Generally, a learner enrolled for this Postgraduate Diploma is actively engaged in becoming a professional in the process of preparing for further, more specific and advanced knowledge in corporate law. As such he or she develops and holds certain values and integrates knowledge and skills to achieve these purposes.

Rationale

The Postgraduate Diploma: Corporate Law is important because it will strengthen and deepen the learners' knowledge of corporate law. This qualification demands a high level of theoretical engagement and intellectual independence. It is focused on the acquisition of practical knowledge and would accommodate learners who are not able to or do not wish to complete the LLM Degree.

The Postgraduate Diploma: Corporate Law will allow Learners who have completed the BA (Law), BCom (Law) or LLB Degrees to obtain a Postgraduate qualification in corporate law. Learners who complete this qualification will have the specialist knowledge to practice in corporate and securities law, an area in need of experts.

The Postgraduate Diploma: Corporate Law will further enable working professionals to undertake advanced reflection and development by means of a systematic survey of current thinking, practice and new developments in corporate law.

Learners who register for this qualification have

• Well-developed information retrieval skills and presentation skills following prescribed formats, using IT skills appropriately.
• An ability to present and communicate information and their own ideas and opinions in well-structured arguments, showing an awareness of audience and using the academic/professional discourse appropriately.
• A capacity to operate in variable and unfamiliar learning contexts, requiring responsibility and initiative.
• A capacity to self-evaluate accurately and identify and address own learning needs.
• An ability to interact effectively in a learning group.

Recognition of Prior Learning (RPL)

All admission through RPL must be in accordance with the principles laid down in the Unisa RPL Policy.

This qualification can be achieved in part (50%) through Recognition of Prior Learning. However, only 10% of intake to this programme may be through RPL.

Evidence can be presented in a variety of forms, including international or previous local qualifications, reports, testimonials mentioning functions performed, work records, portfolios, videos of practice and performance records.

All such evidence should be judged according to the general principles of assessment described in the notes to assessors. Unisa lecturers will act as assessors for RPL purposes.

Access to the Qualification

Access to the Postgraduate Diploma: Corporate Law is granted to all applicants who are in possession of one of the following qualifications:

• Bachelor of Arts: Law, Bachelor of Commerce: Law or an LLB Degree.
• A Foreign qualification that is equivalent to one of the above qualifications as determined by SAQA.

This qualification consists of the following Compulsory modules at NQF Level 8.

Modules at NQF Level 8

• Company formation and administration 1, 24 Credits.
• Fundamental transactions company grouping and dissolution 1, 24 Credits.
• Corporate governance 1, 24 Credits.
• Corporate Finance law 1, 24 Credits.
• Corporate insolvency and Business rescue 1, 24 Credits.

Total Credits for NQF Level 8; 120.

Upon completion of the Postgraduate Diploma: Corporate Law the qualifying learners will be able to

1. Identify and understand the role of the legal aspects of Corporate Law in everyday life.
2. Think critically and analytically within a contextual framework related to legal aspects of Corporate Law.
3. Solve complex legal problems related to legal aspects of Corporate Law.
4. Engage with legal text related to legal aspects of Corporate Law.
5. Contribute to the realisation of a just society based on a legal democracy.

Critical Cross-Field Outcomes

On achieving this qualification learners will be able to

• Identify, analyse and address legal problems related to Corporate Law by using his or her acquired knowledge base responsibly and applying his or her acquired skills to engage critically and creatively with the legal aspects in a given context.
• 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.
• Communicate effectively using language skills in the modes of written persuasion in often extensive pieces of sustained discourse.
• Manage and organise his or her activities and life responsibly and effectively.
• Technology is used effectively and critically, showing responsibility towards the environment.
• Demonstrate an understanding of the world as a set of related systems by recognising that problem solving contexts do not exist in isolation.

Associated Assessment Criteria for Exit Level Outcome 1

• Legal issues related to legal aspects of Corporate Law are identified in real or simulated fact scenarios.
• Daily events related to legal aspects of Corporate Law are Interpreted and analysed within a legal framework.
• The potential to develop the law within a regional and global context to cope with modern-day challenges and problems in the context of Corporate Law is illustrated.

Associated Assessment Criteria for Exit Level Outcome 2

• The legal problems related to legal aspects of Corporate Law within different contexts are Interpreted and explained.
• A comprehensive and systematic knowledge base in Corporate Law is demonstrated.
• Unbiased and balanced perspectives on legal problems related to legal aspects of Corporate Law are provided.
• Different points of view related to legal aspects of Corporate law are critically evaluated in terms of their acquired knowledge base skills.

Associated Assessment Criteria for Exit Level Outcome 3

• Relevant sources and authorities are consulted to address legal problems related to legal aspects of Corporate Law.
• Problems related to legal aspects of Corporate Law are analysed and critically evaluated.
• The most authoritative legal materials to solve problems are selected.
• Different solutions to a problem related to legal aspects of Corporate Law are considered and critically evaluated and the consequences of each solution for future legal development are contemplated.
• Substantiated responses, based on students' acquired knowledge base are provided.

Associated Assessment Criteria for Exit Level Outcome 4

• The ability to read legal text, understands and interpret them within a contextual framework is demonstrated.
• Views expressed in text are reflected upon and critically evaluated and debated.
• Legal text is used to support arguments and solutions related to legal aspects of Corporate Law.

Associated Assessment Criteria for Exit Level Outcome 5

• Acquired skills and knowledge are used to advance legal awareness related to Corporate Law within their communities.
• Problems in society related to legal aspects of Corporate Law are reflected on and responsible solutions are sought.
• The underlying constitutional values are interpreted and applied to problems in society related to legal aspects of Corporate Law.
• Conflicting interests related to legal aspects of Corporate Law within a community, locally, regionally as well as globally are dealt with.

Integrated Assessment

For award of the qualification, learners must achieve each of the compulsory modules and must demonstrate the ability to engage in these fields of law in an integrative way, dealing with divergent and "random" demands related to these work operations, effectively. Evidence is required that the learners are able to achieve the purpose of the qualification as a whole at the time of the award of the qualification.

All formative assessment tasks are internally moderated and all summative, exit level assessment tasks are externally moderated by suitably qualified experienced subject specialist. All assessment decisions and moderation judgment must be clearly motivated and recorded.