Postgraduate Diploma in Law

Purpose

The purpose of the qualification is to extend and deepen the professional competence of qualified lawyers. This qualification will provide working lawyers with an opportunity to undertake advanced reflection and development in specialised areas of law by means of a systematic survey of current thinking, practice and research methods within the area of specialisation. The value added to the individual by this qualification is the emphasis on further advancement and specialisation in a chosen profession. Society will benefit through the training of persons with highly specialised knowledge and skills.

At the end of the Postgraduate Diploma: Law the learner will have gained knowledge and experience in a highly specialised area of Law and should be able to:

• Access and process information using a range of technologies.
• Produce and communicate information in an appropriate manner.
• Display theoretical awareness, critical analytical competence and problem solving skills within a highly specialised discipline.
• Demonstrate research competence in order to produce short papers and solve complex legal problems within a specialised area of Law.
• Demonstrate an ability to manage him/herself effectively and independently by completing tasks independently and within an appropriate time frame.
• Demonstrate socio-systemic competence by being able to contribute, in a scholarly and practical manner, to the advancement of knowledge relating to social and environmental matters.

Rationale

There is a great demand from professionals for higher qualifications in the fields of Tax Law, Labour Law, Pension Fund Law, Corporate Law, Communications Law and Environmental Law.

The need for this kind of qualification is clear from the current demand. The need for highly specialized legal knowledge has been exacerbated by the introduction of the 4-year LLB, which allows for less specialisation than was available under the 5-year LLB.

Although Wits also offers LLM degrees in various fields of specialisation, not all learners have the ability or the time to complete the arduous research component required in the LLM. The Postgraduate Diploma, which contains no research component beyond what is required for specific courses, will fulfil this need.

Typical learners will be professional lawyers, including attorneys, legal advisors in the public and private sector and lawyers working for Non-Governmental Organisations (NGOs) who need to improve their knowledge and skills in highly specialised areas of practice. Society and the economy will benefit by the provision of highly specialised skills in commercially relevant areas.

To be considered for admission into the Postgraduate Diploma in Law, learners must have successfully completed an LLB or recognised equivalent qualification. Students, who obtained their LLB equivalent from a university in which the language of instruction was not English, will be required to meet the English Language competence in line with University Policy and be accepted by the School of Law.

Recognition of Prior Learning

Applicants who fall outside of the normal admissions process but who can demonstrate to the satisfaction of the University that they have a qualification or experiential - or work based learning which has taken the learner to an equivalent level of a qualification specified under 'Learning Assumed to be in Place', may be considered for admission and/or for the recognition of prior accredited and/or prior experiential learning. Applicants who, after such assessment, are deemed to have sufficient potential but are in need of further academic development, may be required to broaden their curriculum to include preliminary programmes prior to admission or parallel programmes after admission.

Access to the Qualification

A LLB or recognised equivalent tertiary legal qualification.

The Fundamental and Core component modules, together totalling 60 credits, are compulsory.

Learners must choose a minimum of 60 credits from the Elective Component.

A minimum of 120 credits is required to obtain the qualification.

Fundamental Component

• Company Law I, 30 Credits at NQF Level 8.

Core Component

• Company Law II, 30 Credits at NQF Level 8.

Elective Component

- Select at least two of the following to complete the qualification

> Advanced Contract Law, 30 Credits at NQF Level 8. > Competition Law, 30 Credits at NQF Level 8. > Intellectual Property Law, 30 Credits at NQF Level 8. > International Trade Law, 30 Credits at NQF Level 8. > Law of Banking and Finance, 30 Credits at NQF Level 8.

1. Access and process legal information using a range of technologies.
2. Produce and communicate information in a manner appropriate to the discipline of Law.
3. Display theoretical awareness, critical analytical competence and problem-solving skills within the discipline of Law.
4. Demonstrate legal research competence.
5. Demonstrate the ability to manage self effectively and independently when performing legal tasks.
6. Demonstrate social competence and responsibility as a legal practitioner.
7. Demonstrate eco-systemic competence from a legal perspective.

Critical Cross-Field Outcomes

This qualification enables all the Critical Cross-Field Outcomes to be addressed.

Associated Assessment Criteria for Exit Level Outcome 1

• Legal information is accessed and processed by using a range of technologies.

Associated Assessment Criteria for Exit Level Outcome 2

• Legal information is correlated and communicated to the relevant stakeholders in a manner that is appropriate to the discipline of Law.

Associated Assessment Criteria for Exit Level Outcome 3

• Material pertinent to the case in hand is researched, and critically analysed within the discipline of Law.
• Solutions that are within the discipline of Law are proposed for any related problems that are encountered.

Associated Assessment Criteria for Exit Level Outcome 4

• Advanced legal research skills are used to produce short papers and solve complex legal problems within a specialised area of Law.

Associated Assessment Criteria for Exit Level Outcome 5

• Legal task tasks undertaken independently are consistently managed efficiently, effectively and ethically within an appropriate time frame.

Associated Assessment Criteria for Exit Level Outcome 6

• Social awareness is consistently demonstrated and clients are competently and ethically handled within the discipline of Law.

Associated Assessment Criteria for Exit Level Outcome 7

• Scholarly and practical legal knowledge is offered in matters pertaining to society and the environment.

Integrated Assessment

Integrated assessment will be achieved from a variety of strategies. These integrated assessment techniques will include written examinations, group and individual projects and assignments and presentations. Some of the criteria may be assessed through observation of the learners during their classes. Integrated assessment will be both summative and formative. There will also be written essay questions, objectively structured problem solving exercises will require integration of information from different areas of the course content. Oral examinations may be required. Formative integrated assessment will take place during seminar presentations and discussions during which students are expected to participate in self-assessment, peer assessment and assessment by members of the relevant academic staff.