Postgraduate Diploma in Environmental Law and Management

Purpose

The purpose of the Postgraduate Diploma in Environmental Law and Management is to equip learners with the knowledge and skills gained through the coursework of the qualification to a broad range of contextual, conceptual and practical matters related to environmental management and the legal and governance frameworks and principles within which environmental management operates. This qualification will enable learners to develop a critical and comprehensive understanding of the nature, scope and function of environmental management in South Africa and the legal and governance frameworks and principles within which environmental management operates.

The qualification is intended for learners from different professional backgrounds, such as government, Non-Government Organisations (NGOs), and the private sector who have an undergraduate qualification (for example in general law, environmental sciences, or public management) and want to extend their knowledge on the nature, application and scope of environmental law and management in South Africa.

There is a need for a qualification in environmental law and management to be presented at a level lower than a Master of Laws degree. Many prospective learners such as practising attorneys, civil servants working in environmental or other related government departments or institutions, or environmental practitioners already have an appropriate Bachelor's Degree relevant to their respective fields, but do not require a Master's degree to advance professionally. A Postgraduate Diploma offering a combined and integrated approach to environmental law, environmental management and environmental governance is therefore well suited to the professional demands of this target group. The qualification will be housed in the Department of Public Law and Jurisprudence and jointly coordinated with the Global Environmental Law Centre (GELC).

Upon completion of the qualification, qualifying learners will be able to

• Critically evaluate and apply the principles and norms of environmental management and environmental governance.
• Demonstrate a coherent understanding of the theory and practicalities of environmental law, environmental management and environmental governance, in relation to administrative matters, and apply this knowledge through critical thinking to authentic problems and scenarios.
• Demonstrate knowledge, understanding, and engagement with the core principles, procedures and rules of environmental law, environmental management, and environmental governance, as these intersect with administrative powers and functions of public institutions.

Rationale

The rationale for the qualification lies in the current shortage of comparable qualifications offered in South Africa. Only a limited number of public tertiary institutions offer similar qualifications. The qualifications offered by these institutions only focus on their respective disciplines in isolation. The management Postgraduate Diplomas for example, only focus on environmental management and public management in isolation without integrating environmental law and environmental governance.

With a more ecologically and socially conscious milieu; it is essential to minimize the adverse impacts of pollution and ecological degradation through proper environmental management and international cooperation. This can be achieved by raising awareness of ecological values and strengthening environmental professionals' delivery capacity to be well-equipped to face the challenges in their stream of work. The goal of enhancing awareness and comprehension of green law issues on a global scale, particularly in South Africa is critical. The qualification will therefore provide opportunities for law graduates and professionals operating in the environmental industry, with the opportunity to intensify their understanding of environmental law and policy issues, institutions, and initiatives.

Environmental law is a key part of the Sustainable Development Goals (SDGs) because it helps protect the environment and ensure sustainable development. Environmental law is made up of regulations, treaties, statutes, and customary laws. The qualification will only address environmental law rules and principles, without integrating key aspects of environmental management and governance that are central to understanding the legal or regulatory framework in which environmental management operates. Other institutions, only offer general Bachelor in Law and thereby missing an entire market of potential learners who wish to gain specialised knowledge in environmental law or in environmental management and governance but who do not want to (and/or are not professionally required) to pursue extensive independent research involved in a Master's Degree.

The qualification aims to fill this educational and market-based gap. It does so in a specialised manner not replicated in similar qualifications offered by other institutions.

The qualification will also contribute to the achievement of the SDGs in creating a more sustainable and equitable world for all people.

Recognition of Prior Learning (RPL)

The institution has an approved Recognition of Prior Learning (RPL) policy which is applicable to equivalent qualifications for admission into the qualification. RPL will be applied to accommodate applicants who qualify. RPL thus provides alternative access and admission to qualifications, as well as advanced standing within qualifications. RPL may be applied for access, credits from modules and credits for or towards the qualification.

RPL for access

• The institution positions itself as a pioneer in the field of RPL to promote access to higher education with the aim of enhancing transformation and inclusive, life-long learning through its RPL Unit.
• The current RPL policy for postgraduate study at the institution states that it makes provision for RPL for advanced standing on a case-by-case basis.
• Advanced standing entails the consideration of -evidence of learning achievement through work and/or other experience.
• Each application is considered and approved in collaboration with the relevant faculty, supervisor (content specialist/academic), RPL Unit and the institution's Quality Assurance Office. Relevant research experience and formal and non-formal learning are evaluated.
• The applicant would submit a portfolio for consideration by the qualification committee and therefore would of necessity attend one of the institution's Portfolio Development Courses.
• The qualification committee would seek to validate the candidate's skills, readiness and competence to undertake the degree qualification. The qualification committee may in its discretion also require interviews with the applicant.
• Access to postgraduate studies through Senate discretion is common practice at many universities. It usually entails candidates producing evidence of learning achievement through work and/or other experience.
• Each application is considered and approved in collaboration with the relevant Faculty, supervisor (content specialist or academic), RPL Unit and the Quality Assurance office. Relevant research experience and formal and non-formal learning are evaluated.
• The institution's RPL Policy recommends that 10% of the cohort of learners admitted to a qualification should be admitted through its RPL process.
• Prospective learners who wish to be admitted to the qualification using the RPL process must demonstrate -knowledge, skills, competence and academic readiness.
• Prospective RPL applicants might be practising attorneys, or civil servants working in environmental or other related government Departments/Institutions, who seek admission to this qualification based on skills, age and years of experience in practice.
• Applicants may also include environmental practitioners who already have an appropriate bachelor's degree relevant to their respective fields but do not require a master's degree to advance professionally.

RPL for credits

The institution's RPL Policy will also consider applications based on credits obtained in other contexts, such as professional bodies, government agencies, private educational institutions, etc. RPL Applicants must be over the age of 22 years.

Entry Requirements

The minimum entry requirement for this qualification is

• Advanced Diploma in Environmental Management, NQF Level 7.

Or

• Bachelor of Arts in Environmental Management, NQF Level 7.

Or

• Bachelor of Environmental Sciences, NQF Level 7.

Or

• Advanced Diploma in Labour Law, NQF Level 7.

This qualification consists of the following compulsory modules at National Qualifications Framework Level 8 totalling 120 Credits.

Compulsory Modules, Level 8, 120 Credits

• Advanced Environmental Law, 30 Credits.
• Environmental Governance, 30 Credits.
• Environmental Administrative Law, 30 Credits.
• Environmental Management, 30 Credits.

1. Demonstrate knowledge, understanding, and engagement with the core principles, procedures and rules of environmental law, environmental management, and environmental governance, as these intersect with administrative powers and functions of public institutions.
2. Demonstrate the ability to gather, analyse, interpret and apply the Constitution, legislation, case law and academic research relevant to environmental law, environmental management and environmental governance.
3. Demonstrate the ability to explain, interpret and apply administrative law principles and rules, including the provisions of relevant legislation, in relation to authentic environmental management and governance scenarios.
4. Demonstrate the ability to explain, interpret and apply environmental law principles and rules, including the provisions of relevant legislation in relation to authentic environmental management and governance and/or administrative matters.
5. Demonstrate a coherent understanding of the division of government powers and functions for environmental management and governance and identify and evaluate the scope and function of key role-players in this regard.
6. Demonstrate the ability to critically evaluate and articulate the scope and function of environmental management and environmental governance.
7. Demonstrate the ability to critically evaluate and apply the principles and norms of environmental management and environmental governance.
8. Demonstrate a coherent understanding of the theory and practicalities of environmental law, environmental management and environmental governance, in relation to administrative matters through critical thinking to authentic problems and scenarios.

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

• Analyse, evaluate and critique in writing the core principles, procedures and rules of environmental law, environmental management, and environmental governance, as it intersects with administrative powers and functions of public institutions. Include well-considered and motivated suggestions for improved enforcement and/or reform.
• Analyse, evaluate and critique in writing the relevant administrative law principles and rules, including the provisions of relevant legislation to authentic scenarios relating to environmental management and governance, through online class quizzes and case study assignments.
• In teams, present oral arguments on the application of environmental law principles and rules, including the provisions of relevant legislation to authentic scenarios relating to environmental management and governance and/or administrative matters. Include well-considered and motivated suggestions for improved enforcement and/or reform.
• Collaborate constructively in groups and apply analytical skills to critically evaluate and discuss the division of government powers and functions for environmental management and governance and identify and evaluate the scope and function of key role-players in this regard.
• In teams, orally present a factual and critical evaluation of relevant court judgments and the scope and function of environmental management and environmental governance.
• Meaningfully participate in writing in an online discussion forum monitored by lecturers regarding the key principles and norms of environmental management and environmental governance.
• In teams, develop and upload a recorded presentation which coherently illustrates the theory and practicalities of environmental law, environmental management and environmental governance, and in relation to administrative matters.
• Apply knowledge of environmental law, environmental management and environmental governance through critical thinking to authentic problems or scenarios.

INTEGRATED ASSESSMENT

Formative and summative assessments will be used to measure teaching outcomes. These assessments will vary according to the type of outcome that is assessed.

Formative Assessment

Formative assessments are used to provide ongoing evaluation of learner progress. They will test learner knowledge against the exit level outcomes set out above and inform the feedback provided to learners on their progress. Formative assessments also serve to provide ongoing information about learner performance and allow monitoring of learner progress, improvement of course content and delivery by assisting with the identification of areas requiring further explanation and the identification of learners at risk.

Examples of some formative assessment activities include the following

• Online self-assessment quizzes.
• Peer assessments for assignments.
• Group presentations.

Summative Assessment

Summative assessment will take the form of take-home tests and written assignments at the end of each module to measure learners' performance as required by the exit level outcomes. These summative assessments will assess learners' theoretical knowledge as well as their ability to apply the course work to case studies based on real-life situations in the environmental law and governance (management) landscape as illustrated in case law and other examples from practice.

In accordance with the institution's Assessment Policy and Procedures, a minimum of 50% is required to attain the qualification. The marks of the formative assessments shall be combined into a single mark and will constitute 70% the overall mark for a module. The summative assessment (final test or written report) shall constitute 30% of the overall mark. The learner must attain at least 50 % in all components of the assessment to pass. An overall average mark of 75% will be regarded as a pass with distinction.

The teaching strategy of online delivery of both asynchronous and synchronous content will be assessed as follows below. The components of the assessment will be carefully balanced within the modules and across the entire qualification. The strategy is focused on regular lecturer-learner interaction, and learner-learner collaboration to promote peer learning. The group work encourages peer learning, tolerance and collaboration across a diverse group of learners from different educational and/or professional backgrounds on fundamental concepts regarding environmental law and management (governance).

At the end of each module, for the final assessment, learners will submit a final report (linking all the theories and knowledge learned throughout the module). This final report will be uploaded onto the LMS, iKamva for marking by the lecturers. All assessments will be moderated both internally and externally by suitably qualified academics to ensure that they are at the appropriate level, properly assess that learners have met the outcomes, are fair and transparent, and that the assessment is aimed at building the skills required by the qualification. Both internal and external moderation of assessments will take place in accordance with the institution's policies and procedures as applied by the Faculty Assessment Committees.

The assessments test a range of skills, especially that learners will be expected to apply acquired theoretical knowledge to practical, real-life scenarios from their own context or from the field(s) of environmental law and management (governance) landscape in South Africa:

• Written critique of policy recommendations.
• Group work creating a video or slide presentation on a topic selected from a list.
• Written evaluation of legal and ethical approaches to a real-life scenario from the learners' experience.
• Group preparation and live presentation of analysis and critique of selected court judgments, including environmental law and policy.
• Comment in writing at least once per week during the qualification on the topic in the online discussion forum providing intelligent analysis.

These assessments align with the exit level outcomes and the aim of the qualification of equipping learners with the knowledge and skills to, amongst others, promote sound environmental management (decision-making) in their professional contexts. Should learners not attain the pass mark, they will be able to complete supplementary assessments as arranged by the course coordinator and Exams Office. The marks for the completed parts of the assessment can be carried forward to the following attempt if this is agreed upon by the examiners, but a distinction will not be awarded.