Postgraduate Diploma in Public Law

Purpose

The Postgraduate Diploma in Public Law is designed to enable learners to develop theoretical competencies and practical skills to operate effectively in the field of public law, which is an imperative for the success of the State on the different levels of government.

Upon completion of the Postgraduate Diploma in Public Law, the qualifying learners will be able to

• Demonstrate knowledge, understanding and engagement with public law principles and rules;
• Gather, analyse, interpret and/or apply the Constitution, legislation, case law, international jurisprudence and academic writing within the field of public law;
• Understand, interpret and apply administrative law principles and rules, including the provisions of the Promotion of Administrative Justice Act, to practical scenarios;
• Analyse and articulate the fundamental legal, political and financial concepts, principles, theories and practices of multilevel government in South Africa and other devolved countries in Africa;
• Explain the constitutional and legislative framework for local government in South Africa, and demonstrate an understanding of its application in relevant contexts.

Rationale

The qualification is aimed primarily at public servants working in local, provincial and national government. The qualification is aimed at equipping learners with knowledge and skills in interpreting and applying general as well as specialised rules and principles of public law.

Many individuals, specifically public servants, have a Bachelor's degree (NQF level 7), and thus do not have the required formal qualifications for entry into a Master's qualification. The qualification is designed to assist learners to gain access, as well as to improve their competencies in public law by way of a formal qualification.

Recognition of Prior Learning (RPL)

Access to the qualification can also be provided in terms of the university's RPL policy and its admission criteria stipulated by Senate. In the RPL process learners have to undergo a Portfolio Development Course to support the learners' admission. The PDC will focus on written submission explaining the reasons for the learner' interest in in the discipline as an adjunct to their existing professional competencies.

Entry Requirements

• Bachelor of Laws (LLB), NQF Level 8 or its equivalent.

This qualification consists of the following compulsory modules at NQF Level 8 totalling 120 Credits.

Compulsory Modules, Level 8, 120 Credits

• Administrative law 711, 30 Credits.
• Multi-level governance 714, 30 Credits.
• Local Government 712, 30 Credits.
• Constitutional Law713, 30 Credits.

1. Demonstrate knowledge, understanding and engagement with public law principles and rules.
2. Gather, analyse, interpret and/or apply the Constitution, legislation, case law, international jurisprudence and academic writing within the field of public law.
3. Understand, administrative law principles and rules, including the provisions of the Promotion of Administrative Justice Act, to practical scenarios.
4. Analyse and articulate the fundamental legal, political and financial concepts, principles, theories and practices of multilevel government in South Africa and other devolved countries in Africa.
5. Explain the constitutional and legislative framework for local government in South Africa, and demonstrate an understanding of its application in relevant contexts.

The following Associated Assessment Criteria applies across all Exit Level Outcomes

• Evaluate administrative powers and jurisdiction;
• Analyse administrative action as per the Promotion of Administrative Justice Act;
• Apply the requirements for valid administrative actions to practical scenarios;
• Locate the South African system of provincial and local government within current international debates on decentralization, federalism and Intergovernmental relations;
• Articulate the legal framework for provincial governance;
• Compare and contrast the different sources of provincial government finance;
• Identify strategies to integrate ethics and good governance into overall management and leadership culture within local government;
• Locate the South African system of local government within current international debates on decentralization, federalism and the role of local government;
• Elaborate on the legal framework for municipal governance;
• Evaluate the basic constitutional principles;
• Interpret the Constitution and selected statutes in hypothetical scenarios;
• Articulate and evaluate the structure of government and the relation between the different organs of state, as well as the different spheres of government and their powers;
• Evaluate the scope, content and limitation of the rights in the Bill of Rights.

Integrated Assessment

The University adopted a Continuous Assessment System. Assessment consists of number assessment events throughout the year and a variety of assessment instruments are used (for example, tests, essays, practical reports, project reports and oral presentations).

Formative assessment: Learning and assessment are integrated: a variety of modules is included in the qualification; therefore, different types of formative assessment will be applied according to the nature of each module. Assessment during the year will consist of a combination of assignments including activities such as, portfolios, self-assessment tasks.

Summative assessment: Examinations, or equivalent assessment such as a portfolio of evidence, assess a representative selection of the outcomes practised and assessed in the formative stage. Summative assessment also tests the learner' ability to manage and integrate a large body of knowledge to achieve the stated outcomes of the module.