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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED QUALIFICATION: 

Master of Laws in Family Law 
SAQA QUAL ID QUALIFICATION TITLE
101114  Master of Laws in Family Law 
ORIGINATOR
University of South Africa 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY NQF SUB-FRAMEWORK
CHE - Council on Higher Education  HEQSF - Higher Education Qualifications Sub-framework 
QUALIFICATION TYPE FIELD SUBFIELD
Master's Degree  Field 08 - Law, Military Science and Security  Justice in Society 
ABET BAND MINIMUM CREDITS PRE-2009 NQF LEVEL NQF LEVEL QUAL CLASS
Undefined  180  Not Applicable  NQF Level 09  Regular-Provider-ELOAC 
REGISTRATION STATUS SAQA DECISION NUMBER REGISTRATION START DATE REGISTRATION END DATE
Registered-data under construction  EXCO 0324/24  2024-07-01  2027-06-30 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2028-06-30   2031-06-30  

Registered-data under construction

The qualification content is currently being updated for the qualifications with the status “Registered-data under construction” or showing “DETAILS UNDER CONSTRUCTION” to ensure compliance with SAQA’S Policy and Criteria for the registration of qualifications and part-qualifications on the National Qualifications Framework (NQF) (As amended, 2022). These qualifications are re-registered until 30 June 2027 and can legitimately be offered by the institutions to which they are registered.

 

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

PURPOSE AND RATIONALE OF THE QUALIFICATION 
The primary purpose of the qualification is to provide Master of Laws (LLM) graduates with the knowledge, specific skills and applied competence in a number of legal fields to ensure opportunities for continued personal intellectual growth, gainful economic activity and valuable contributions to society.

A second purpose of the qualification is to provide South Africa and the global community with Postgraduate lawyers in a number of learning fields to ensure that the leadership base of innovative and knowledge-based economic and scholarly activity is widened.

A third purpose of the qualification is to provide South Africa and the global community with Postgraduate lawyers who understand the constructive role they need to play as intellectual leaders in their society, and who are empowered and equipped with the required research and analytical skills to play a key role in the continued shaping of the legal dispensation in a just society based on constitutional democracy within a world legal order. 

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
Recognition of Prior Learning (RPL):
This qualification recognises:
Formal prior learning: Students are expected to hold a Bachelor of Laws (LLB) Degree, or to hold a Baccalaureus Procurationis (BProc) Degree and to have either successfully completed the attorney's admission examinations, or four approved LLB modules.

Entry Requirements:
  • South African Bachelor of Laws (LLB) Degree.
    Or
  • Foreign LLB Degree of minimum 4 year's duration.
    Or
  • Postgraduate Diploma in Law on NQF Level 8. 

  • RECOGNISE PREVIOUS LEARNING? 

    QUALIFICATION RULES 
    This qualification comprises compulsory modules at Level 9, 180 Credits.

    Compulsory Modules Level 9, 180 Credits:
  • Comparative Matrimonial Property Law, 24 Credits.
  • Short dissertation (Private Law), 60 Credits.
  • Proprietary Consequences of Marriage, 24 Credits.
  • Marriage Law, 24 Credits.
  • Research Methodology for Law, 24Credits.
  • Child Law, 24 Credits. 

  • EXIT LEVEL OUTCOMES 
    1. Relate highly complex everyday situations to the law.
    2. Show evidence of their understanding that the law has to balance different powers, legal systems and competing interests of individuals and groups in society.
    3. Demonstrate the requisite advanced study skills and learning strategies.
    4. Demonstrate advanced research skills and the capacity for advanced independent study.
    5. Advance arguments and analyses by means of sophisticated language.
    6. Select the appropriate technology (computers, internet, etc.) for learning, research and communication.
    7. Show in-depth understanding of the legal systems of the world for purposes of comparative research and problem-solving. 

    ASSOCIATED ASSESSMENT CRITERIA 
    Associated Assessment Criteria for Exit Level Outcomes 1:
  • Identify complex legal problems in real-life or simulated factual situations.
  • Analyse the nature of different complex and highly specialized legal problems.
  • Recognize, appreciate and evaluate different perspectives to the same problem.
  • Gather relevant South African and comparative legal sources which may aid in solving a given problem.
  • Engage critically and analytically with legal materials in order to make a responsible selection of potentially relevant material with due regard to the weighting of different authorities.
  • Present and evaluate different perspectives on the same legal problem.
  • Use their sophisticated knowledge base to critically evaluate different options in solving a legal problem.
  • Present authoritative substantiated argument, based on the responsible and extensive use of legal authority, in support of solutions to a given problem.
  • Use their advanced knowledge and skills creatively to offer suggestions for solving new problems at a community, national, international and global level.
  • Solve legal problems in South Africa creatively by responsible comparison to and critical evaluation of solutions in other legal systems, as well as global trends.

    Associated Assessment Criteria for Exit Level Outcomes 2:
  • Acknowledge, demonstrate and promote tolerance of diversity within their community, South Africa and globally.
  • Respect and investigate different opinions without pre-conceived bias.
  • Demonstrate their understanding of the different role players in the legal process.
  • Realize their responsibility to take part in legal development on local, provincial, national and international level.
  • Provide scholarly leadership within their community.

    Associated Assessment Criteria for Exit Level Outcomes 3:
  • Organize and manage their study plans.
  • Use creative and various learning strategies which suit their personal situations and contexts.
  • Cope with the self discipline necessary for distance learning.
  • Draw common principles from and reconcile different branches of the law.
  • Assess their own strengths and weaknesses and develop coping strategies.

    Associated Assessment Criteria for Exit Level Outcomes 4:
  • Find relevant source material in the library, on the internet, etc.
  • Use the library and other resources effectively to suit their individual needs.
  • Use library and other resources effectively to suit the needs of the particular area of research.
  • Analyse and critically evaluate all relevant information to select specifically applicable material for a specific legal issue.
  • Organize relevant material with due regard to the weighting of different sources of law.
  • Act responsibly and ethically as an advanced researcher and a scholar, e.g. appropriate acknowledgement of sources, referencing, avoiding plagiarism, etc.
  • Follow the conventions of scholarship in their discipline.
  • Present substantiated arguments, opinions and solutions, based on their research.
  • Follow academic conventions regarding acknowledgement of sources and referencing.

    Associated Assessment Criteria for Exit Level Outcomes 5:
  • Where appropriate analyse and interpret statistics.
  • Communicate their interpretation of legal sources in their own words.
  • Demonstrate their ability to interpret and draft legal documents.
  • Follow the language conventions of written and/or oral use in the discipline of law.

    Associated Assessment Criteria for Exit Level Outcomes 6:
  • Use available technology responsibly and skilfully to enhance learning and scholarship.
  • Recognise the ethics and legal issues involved in the use of technology.
  • Identify legal issues pertaining to the use of e.g. the internet and deal effectively with those.
  • Stay abreast of legal developments in regard to technology.

    Associated Assessment Criteria for Exit Level Outcomes 7:
  • Place the South African legal system(s) in context within Africa and the rest of the world.
  • Identify similar situations in comparable legal systems and seek harmonizing solutions.
  • Appreciate and tolerate cultural and religious diversity as manifested in different legal orders.
  • Realise South Africa's contribution to a just world legal order.
  • Understand South Africa's role in international law, including regional and international conventions and initiatives.
  • Explain the significance of international law, including regional and international conventions and other instruments for the South African community.

    Integrated Assessment:
    Integrated Assessment for the purpose of the qualification:
    Formative Assessment: Learning and assessment are integrated. Formative assessment is a continuous and personal process of interaction between the lecturer and the student when the means of assessment is dissertation only. For tutored Master's Degrees, the formative assessment includes assignments based on the learning material and students are given feedback. The process is continuous and focuses on smaller sections of the work and limited numbers of outcomes.

    Summative Assessment: For a tutored Master's Degree, learners will write examinations and may elect to produce a dissertation of limited scope. Equivalent assessment such as a portfolio of evidence could assess a representative selection of the outcomes practised and assessed in the formative stage. Summative assessment also tests the learner's ability to manage and integrate a large body of knowledge to achieve the stated outcomes of a module. It also assesses the advanced research skills that the learner has acquired. Students who do a dissertation only will be evaluated on an oral examination in a major subject and two ancillary subjects and on the dissertation.

    Integrated Assessment: All assessment will integrate knowledge, skills and attitudes and applied competence. 

  • INTERNATIONAL COMPARABILITY 
    International Comparators:
    University of South Africa (Unisa) is part of an internationally recognised accreditation system whereby university qualifications are valuated against international comparators and accredited accordingly; for example, Unisa's qualifications are accredited in the International Handbook of Universities and the Commonwealth Universities' Handbook. 

    ARTICULATION OPTIONS 
    Horizontal Articulation:
  • Master of Laws, Level 9.
  • Any qualification at Level 9.

    Vertical Articulation:
  • Doctor of Laws, Level 10. 

  • MODERATION OPTIONS 
    Within Unisa, first examiners set and assess assignments and examinations. In the case of assignments, the quality is checked by course co-ordinators or team leaders and by the head of department. In the case of written examinations, a system of external second examiners is used to moderate question papers, the marking process and marked scripts. External examiners also assist in taking oral examinations. In the case of dissertations, a system of external second examiners is also used. At least one such external examiner is appointed as examiner in addition to any internal supervisors and examiners appointed. Such second examiners are senior academics at other universities or specialists in the appropriate field.

    The external second examiners also act as moderators of the examination papers where appropriate.

    Members of the legal profession (e.g. the Law Society), as well as the Department of Justice (Director of Justice College), are permanent members of the Faculty Board of the Law Faculty and give their input regarding the curriculum. Members of the profession are also used as external examiners and moderators. 

    CRITERIA FOR THE REGISTRATION OF ASSESSORS 
    Our own staff will be used as assessors in a manner that fits into the quality management system of Unisa and accords with the University's tuition and assessment policies. This will also apply to the appointment of outside persons. A system of workplace assessment might be initiated for some learning programmes leading to the Master of Laws (LLM). Appropriate professional criteria will be drawn up for each programme. The minimum requirement for appointment as a lecturer or external marker at Unisa is an LLB Degree and appropriate experience, but for supervision at LLM level the lecturer will be required to possess at least some further qualification or experience. All assessment done by external markers is quality-controlled by internal staff. 

    NOTES 
    N/A 

    LEARNING PROGRAMMES RECORDED AGAINST THIS QUALIFICATION: 
     
    NONE 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS QUALIFICATION: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    1. University of South Africa 



    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.