Postgraduate Diploma: Family Law

Purpose

The primary purpose of the qualification is for learners to acquire advanced knowledge, skills and applied competence in a number of areas relating to Family Law for intellectual growth and to add value to the legal system and society.

This qualification aims to provide South Africa and the global community with Postgraduate learners accomplished in Family Law, to ensure continued innovation and an increase in the knowledge-base of the learners. In addition, such Postgraduate learners will be able to understand the constructive role they need to play as intellectual leaders in their society, and will be empowered and equipped with the required knowledge and analytical skills to play a key role in the continued shaping of the legal system in a just society, based on the values of a Constitutional Democracy.

Rationale

Family Law has become a multi-faceted field within South African Law, in order to accommodate the requirements of the South African Constitution. Family Law issues around same-sex marriages, customary marriages, Muslim marriages, Hindu marriages, Child Law issues and Life partnerships require dynamic solutions from practitioners. Presiding officers, practitioners and other working professionals therefore need to undertake advanced development of their knowledge and skills in the various areas of Family Law.

The multi-faceted nature of Family Law makes it difficult to cover all the competencies required by a practitioner, at undergraduate level. The Postgraduate Diploma: Family Law aims to up-skill the learner relating to Family Law in practice and academically, with emphasis on topics that are particularly relevant to South Africa.

The Postgraduate Diploma is aimed particularly at practitioners who specialise in Family Law, legal advisers in non-governmental organisations that deal with children's and women's rights, mediators and learners in private practice and in the civil service, such as presiding officers in the Regional and Maintenance Courts and Family Advocates. The Postgraduate Diploma creates opportunities for career and NQF Level advancement.

It has become apparent that there is a need for a Postgraduate qualification with specialisation in Family Law which lies at the level of a Postgraduate Diploma rather than a Masters Degree. Learner's numbers in the Masters qualification have been relatively low and the research component has proven to be a major stumbling block for learners. A Postgraduate Diploma will fill the need in the market more adequately than does the current Master's Degree.

It is assumed that the learners have

• A well-rounded and systematic knowledge base in the topics covered in Family Law.
• A coherent and critical understanding of one or more of the key terms, rules, concepts, principles and theories relating to Family Law.
• An ability to deal with unfamiliar concrete and abstract problems and issues relating to Family Law, using evidence-based solutions and theory-driven arguments.
• Well-developed information retrieval skills and presentation skills following prescribed formats, using Information Technology skills.
• An ability to present and communicate information and own ideas and opinions in well-structured arguments, showing an awareness of audience and using the academic/professional discourse.
• 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)

The learners that do not meet the minimum requirements for the qualification can gain access through RPL. This qualification may be achieved in part through RPL. Assessors will assess and give credit for the evidence of learning that has already been acquired through formal, informal and non-formal learning.

Access to the Qualification

The minimum admission requirement is a Bachelor of Law, Bachelor of Commerce: Law or Bachelor of Arts: Law Degree. Access may also be achieved through RPL.

The qualification comprises five compulsory modules, totalling 120 Credits, at NQF Level 8

• Child Law, 24 Credits.
• Divorce Law, 24 Credits.
• Marriage Law, 24 Credits.
• Comparative Matrimonial Property Law, 24 Credits.
• Alternative, Customary and Religious Families, 24 Credits.

The Exit Level Outcomes show how knowledge, skills and values are integrated. On achieving this qualification a learner will be able to:

1. Identify, analyse and understand the role of Family Law in everyday life.
2. Think critically, logically, and analytically about Family Law within a contextual framework.
3. Identify, analyse and solve complex legal problems pertaining to Family Law.
4. Engage with legal texts pertaining to Family Law.
5. Contribute to the realisation of a just society based on the values of a Constitutional Democracy.

Critical Cross-Field Outcomes

All Critical Cross-Field Outcomes will be embedded appropriately in the modules which constitute the qualification and will be assessed within the context of the qualification. On achieving this qualification a learner will be able to:

• Identify, analyse and address legal problems relating to Family Law by using acquired knowledge and applying these skills to 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 Family Law and the legal system to meet the needs of society.
• Communicate effectively using academic language.
• Manage and organise own activities.
• Use technology effectively.
• Demonstrate an understanding of the world as a set of related systems by recognising that problem solving contexts do not exist in isolation, and acknowledge their responsibilities to those in the local and broader community.

Associated Assessment Criteria for Exit Level Outcome 1

• Legal issues pertaining to Family Law are identified, analysed and evaluated in real or simulated fact scenarios using evidence-based solutions and theory-driven arguments pertaining to Family Law.
• Daily occurrences relating to Family Law are interpreted and analysed within a legal framework.
• Theory is applied to practice (and vice versa) in the context of Family Law by means of relevant case and literature studies.
• The ability to develop Family Law within a national, regional and global context to cope with contemporary challenges and problems is demonstrated by learners.

Associated Assessment Criteria for Exit Level Outcome 2

• Legal problems pertaining to Family Law are interpreted, analysed and explained within different contexts.
• Demonstrate a comprehensive and systematic knowledge base in the field of Family Law and a depth of knowledge in some areas of this discipline, such as Child Law, Marriage Law, Divorce Law and Comparative Matrimonial Property Law.
• Unbiased and balanced perspectives are provided on legal problems pertaining to Family Law.
• Current research and scholarly and professional literature in Family Law is engaged with.

Associated Assessment Criteria for Exit Level Outcome 3

• Relevant sources and authorities are selected and consulted to solve legal problems pertaining to Family Law.
• The relevance and applicability of various legal sources and authorities to identified problems pertaining to Family Law are analysed and critically evaluated.
• Authoritative legal materials relating to identified Family Law problems are selected.
• Different solutions to a problem pertaining to Family Law are considered and critically evaluated and the consequences of each solution for future legal development are contemplated.
• Substantiated responses are provided, based on learners' acquired knowledge base and skills pertaining to Family Law.

Associated Assessment Criteria for Exit Level Outcome 4

• Legal texts pertaining to Family Law are read, understood and critically analysed within a contextual framework.
• Views expressed in texts pertaining to Family Law are reflected on and critically evaluated and debated.
• Legal text is used to substantiate arguments and support solutions relating to Family Law problems.

Associated Assessment Criteria for Exit Level Outcome 5

• Acquired skills and knowledge are used to advance legal awareness relating to Family Law within the community.
• Family Law problems in society are reflected on and solutions are sought and considered.
• The underlying constitutional values to Family Law problems in society are interpreted and applied.
• An awareness and tolerance of diversity is shown and solutions are sought in respect of Family Law issues.
• Conflicting interests relating to Family Law within a community (locally, regionally, and globally) are dealt with.
• An understanding of the conflicting interests arising from relationships relating to Family Law is demonstrated.

Integrated Assessment

The learner's competencies will be assessed using an integrated method of both formative and summative assessment. Assignments, examinations and an oral examination will be used in the assessment of the learners.