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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED QUALIFICATION: 

Master of Laws in Constitutional Theory, Law and Litigation 
SAQA QUAL ID QUALIFICATION TITLE
110220  Master of Laws in Constitutional Theory, Law and Litigation 
ORIGINATOR
University of KwaZulu-Natal 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY NQF SUB-FRAMEWORK
-   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 
Purpose:
To enable learners to become effective legal researchers and to engage with legal principles within this broader context critically, so ensuring their professional development as legal scholars or practitioners. Learners are assisted in engaging with the underlying legal theories and in assessing the legal principles that ultimately impact on society as a whole. An opportunity is provided for learners to obtain detailed knowledge of a specific chosen legal area, and to critically reflect, analyse and synthesise divergent legal concepts in the chosen area. Learners will engage with relevant material in the national, African regional and international contexts, thus enabling learners to interpret law in the broader context to effect positive legal change.

Rationale:
As the legal field is ever-changing and developing within a broader constitutional, national and international context, new knowledge generated by trained researchers as professional practitioners is necessary for the enhancement of the broader legal profession, private and public practice, the judiciary and the court system, government and the legislature. 

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
Recognition of Prior Learning (RPL):
The principles underlying outcomes-based, source-based and life-long learning, in which considerations of articulation and mobility play a significant role are subscribed to. Recognition of Prior Learning, whether acquired by formal education curricula or informally (by experience) is an indispensable element in deciding on admission to and awarding credits in an explicitly selected qualification.

Entry Requirement:
The minimum requirement for this qualification is the:
  • Bachelor of Laws, Level 8. 
    		•

    RECOGNISE PREVIOUS LEARNING? 
    Y 

    QUALIFICATION RULES 
    This qualification comprises compulsory and elective modules at Level 9 totalling at 192 Credits.

    Compulsory Modules, Level 9, 120 Credits:
  • Mini Dissertation, 96 Credits.
  • Research Methodology, 24 Credits.

    Elective Modules, Level 9, 72 Credits (Choose three modules):
  • Advanced Tax I, 24 Credits.
  • Constitutional and Human Rights Litigation, 24 Credits.
  • Politics of Law, 24 Credits.
  • Advocate: Constitutional Law, 24 Credits. 
    		•

    EXIT LEVEL OUTCOMES 
    1. Identify, describe, critically evaluate and apply the main concepts and legal principles pertaining to a selected area of legal study within a broader constitutional and international context.
    2. Identify issues and solve practical and perceived legal problems through analytical thinking and evaluative techniques.
    3. Demonstrate advanced legal research skills pertaining to national, regional and international constitutional theory, law and litigation.
    4. Apply a critical and evaluative approach to analysing complex issues in the field of constitutional theory, law and litigation.
    5. Analyse complex legal problems relating to constitutional theory, law and litigation and motivate the appropriate way of dealing with these problems, with reference to specific legal principles.
    6. Critically engage with legal principles specifically within the context of constitutional theory, law and litigation, and identify how they should be applied to complex legal problems in a general legal context. 

    ASSOCIATED ASSESSMENT CRITERIA 
    Associated Assessment Criteria For Exit Level Outcomes:
    The following Associated Assessment Criteria are applied in an integrated manner to the Exit Level Outcomes:
  • Understand the critical areas of the Constitution law namely: theory and philosophy, the main structures and institutions of the state and the inter-relationship between them, Bill of Rights litigation and key constitutional issues confronting the country.
  • Know the various provisions of the Constitution as judicially interpreted and, with reference to comparative jurisdictions and academic opinion, make informed predictions on the future developments of the law.
  • Critically evaluate judicial precedents and academic opinions and express oneself effectively in seminars and persuasively in writing during formal assessments.
  • Demonstrate awareness of critical developments in Constitutional law and the extent to which these areas of law are used to mediate and resolve some of the main social/legal and political issues of our time equipped with the requite knowledge to become part of a cadre of lawyers committed promoting the advancement of the Constitutional democracy and the rule of law.

    Produce a dissertation that:
    I) Meets the requirements.
    II) Is relevant to the topic and has depth and coherence of coverage,
    III) Uses methodology that is appropriate,
    IV) Is logically and persuasively structured,
    V) Meets validity requirements in planning and execution,
    VI) Demonstrates independent thinking,
    VII) Is, at least in part, analytical and critical as opposed to being merely descriptive,
    VIII)Contributes in some respect to the growth or development of knowledge.
  • Accurately and logically interpret data/evidence.
  • Acknowledge sources and provide consistent and detailed citations.
  • Utilise an appropriate and sufficiently up-to-date range of sources.

    Integrated Assessment:
    Each module will be assessed through an integrated individual written assignment or test, in addition to a range of oral and written, group and individual class assignments in order to give learners the opportunities to demonstrate a variety of competencies.

    The dissertation requires learners to apply their learning in an integrated way to analyse a specific area related to their work context in a work-based assignment and to apply the theoretical frameworks to recommend solutions to identified legal problem areas. The dissertation assesses the ability of learners to integrate solutions from different modules to the applicable legal issue addressed in the dissertation.

    Modules - In three of the modules learners write a four-hour, partly open book, examination. Learners are required to demonstrate a depth of understanding of the relevant case law, academic opinion and current thinking on the issues. In the fourth module, learners are required to draft a judgment or prepare an opinion on a relatively complicated constitutional issue for which they are given 6 hours. The questions require learners to apply the knowledge that they have gained during to the seminars to specific scenarios. Learners are permitted to take into the examination a limited number of pages of notes that they have prepared for the seminars. The objective is to encourage independent thinking about relevant and pertinent constitutional issues so to that learner from the qualification are conversant with the relevant literature are able to think independently and therefore advance the constitutional project in this country.

    Dissertation - In preliminary drafts, their supervisors will developmentally assess the work of learners: 0% weighting. The final draft will be summative assessed by an internal examiner, his /her mark will constitute 50% of the final mark and by an external examiner and his/her, and mark will constitute 50% of the final mark. 
    		•

    INTERNATIONAL COMPARABILITY 
  • The University of Virginia in the USA offers a Master of Laws which is similar to the Master of Laws in Constitutional Theory, Law and Litigation, Level 9.
  • The University of Queensland in Australia offers a Master of Laws in Constitutional and Administrative Law.
  • The Central European University of Budapest in Hungary offers a Master of Laws in Comparative Constitutional Law.

    The Master of Laws in Constitutional Theory, Law and Litigation, Level 9 is similar to the qualifications listed above in that all combine coursework and a research project which culminates in a dissertation. 
    		•

    ARTICULATION OPTIONS 
    This qualification allows for both vertical and horizontal articulation options:

    Vertical Articulation:
  • Doctor of Laws in Constitutional Theory, Level 10.

    Horizontal Articulation:
  • Master of Laws in Constitutional and Administrative Law, Level 9. 
    		•

    MODERATION OPTIONS 
    N/A 

    CRITERIA FOR THE REGISTRATION OF ASSESSORS 
    N/A 

    NOTES 
    N/A 

    LEARNING PROGRAMMES RECORDED AGAINST THIS QUALIFICATION: 
    When qualifications are replaced, some (but not all) of their learning programmes are moved to the replacement qualifications. If a learning programme appears to be missing from here, please check the replaced 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.
     
    NONE 


    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.