SAQA

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SOUTH AFRICAN QUALIFICATIONS AUTHORITY

REGISTERED QUALIFICATION:

Master of Laws in the Law of Mineral and Petroleum Extraction and Use

SAQA QUAL ID	QUALIFICATION TITLE
112525	Master of Laws in the Law of Mineral and Petroleum Extraction and Use
ORIGINATOR
University of Cape Town
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
Reregistered		EXCO 0821/24	2019-10-30	2027-06-30
LAST DATE FOR ENROLMENT		LAST DATE FOR ACHIEVEMENT
2028-06-30		2031-06-30

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.

This qualification does not replace any other qualification and is not replaced by any other qualification.

PURPOSE AND RATIONALE OF THE QUALIFICATION

Purpose:
The primary aim of the Master of Laws (LLM) in the Law of Mineral and Petroleum Extraction and Use is to provide learners with a rigorous, sophisticated, and comprehensive understanding of the legal framework governing the extractives sector. This sector will play an increasingly important role in the South African economy.

The promotion of research into key areas of interest in the extractives sector, which span a spectrum of thematic areas, is key to this curriculum. Collaborative research is also encouraged, both between lecturers of the modules, as well as with learners taking these modules and writing their mini-dissertation on related topics.

The qualification aims to make an on-going and lasting contribution to the disciplines impacted by the extractives sector. The qualification also aims to create a generation of specialists and experts in the extractives sector and professionals who can practice in this sector with an appreciation of the multiplicity of issues that plague the relationship between countries and their natural resources.

The LLM in Law of Mineral and Petroleum Extraction and Use offers a suite of six modules, three of which are compulsory overarching modules. Each remaining module focuses on a different aspect of the extractives sector, to further the development of specialist knowledge of these areas of law.

The Exit Level Outcomes of the LLM in Law of Mineral and Petroleum Extraction and Use include:

Knowledge of the area of law; its theoretical and policy underpinnings; its sources; its current political, economic and social context; its historical origins, and current domestic and international developments in practice, on minerals, petroleum, taxation, mine contracts negotiation and property theory.

A heightened awareness of the multitude of issues that plague the extractives sector.

Research competence and application of the law and principles to practical situations in the extractives sector.

Ability to critically evaluate the policy underpinnings of the law; the degree to which the law succeeds in achieving its policy objectives, and its suitability for current circumstances.

Ability to construct arguments to persuade as to the appropriateness of either particular resolution of legal disputes or law reform relating to extractives.

Ability to take into account non-legal considerations that may weigh in deciding on an appropriate resolution of legal disputes.

Independence of thought.

Awareness of ethical issues.

Reflection.

Rationale:
The extractives sector enjoys an uncomfortable status in South Africa as with the rest of the African continent. The sector is of strategic importance and contributes a great deal to the national economy. It is clear that to be an expert and specialist in this field; one needs an in-depth knowledge of the breadth and depth of this complex legal framework.

At a continental level, the mining sector plays a critical role in the African Union's African Mining Vision and plays a critical role in liberating Africa economically. Despite declining reserves in terms of key mineral resources, such as platinum, the fourth industrial revolution is creating a demand for different mineral resources, which may hitherto not have been economically feasible to mine. As a result, the nature of mining operations around the globe is changing, with expectations of increased mining activities for Rare Earth Elements ("REE"). At the same time, increased reliance on technology and automation is changing how the extractives sector operates. The result of this is that natural resources, which were previously uneconomical or unfeasible to extract, are capable of extraction.

Despite the economic importance of the sector, the desire to control natural resources have played a large role in shaping societies across South Africa. The mining sector was instrumental in shaping the policies that informed the Apartheid system. The extractives sector thus has much to atone for, facilitated by the legal system:

Equitable access to natural resources must be ensured, with an emphasis on historically disadvantaged South Africans;

Societies and communities impacted by extractive operations need to benefit from the presence of these operations, rather than to bear the weight of the burden on society has been the case in the past;

Environmental harms that are associated with extractive operations must be strictly controlled and monitored through regulation.

The law has a crucial role to play in shaping and managing the competing interests that occupy this sector. Besides, the law must curb the many ills that tend to proliferate wherever extractive operations occur. The legal system, as well as legal practitioners, must be capable of accommodating the many fast-paced technological advancements in the sector, as well as the evolving nature of the industry. Practitioners operating in this area must have the expertise to manage these expectations.

Managing the extractives sector is key to realising many of the goals set out in the United Nations Sustainable Development Goals. South Africa has agreed to work towards achieving these goals by 2030. Understanding this goal's achievement has created many questions of the role that the legal framework must play.

The legal framework governing the extractives sector is vast and complex, ultimately informed by several provisions contained in the Bill of Rights, in the Constitution of the Republic of South Africa, 1996. Section 24 is the most obvious of these provisions, which is the environmental clause, containing key principles such as intra- and inter-generational equity, and sustainable development. Other important provisions include those that ensure a right of access to information, access to the courts, and standing in terms of constitutional issues. Beyond these provisions, there is a plethora of legislation and regulations that inform the regulation of this sector, including: the Mineral and Petrol Resources Development Act 28 of 2002; the National Water Act 36 of 1998; the National Environmental Management Act 107 of 1998, as well as the associated and specialised environmental management acts (NEM: Waste Act 59 of 2008; NEM: Air Quality Act 39 of 2004; NEM: Protected Areas Act 57 of 2003; NEM: Biodiversity Act 10 of 2004); the Gas Act 48 of 2001; the Petroleum Pipelines Act 60 of 2003; the Petroleum Products Act 120 of 1977; National Energy Act 34 of 2008; the Marine Living Resources Act 18 of 1998.

This list is not exhaustive; there is also legislation on marine pollution, maritime law, royalties and taxation, and administrative law, for example, that is relevant. Detailed knowledge of contract law, specifically in the field of the extractives sector, is key. The underlying theoretical justifications for property systems, too, inform the extractives sector is thus relevant. These fields inform much of the research and teaching work undertaken at the Mineral Law in Africa at the institution.

Balancing all stakeholder interests, which includes those of society, communities, the commercial-industrial sector, government and other organisations (such as NGOs), is key to ensuring the success and longevity of the sector, while:

Ensuring that maximum benefits for these sectors for the South African society, as well as impacted communities; and

Ensuring the protection of vulnerable stakeholders/interests, such as local communities and the environment.

This in-depth approach to the sector benefits any LLB learner, as no LLB module has scope to deal with this, other than superficially. It benefits established practitioners whose LLBs preceded the new constitutional order, as much of the legislation is informed and according to the Constitution. It is of interest to law learners from other parts of the world, given the dominance of the extractives sector across the African continent. The theoretical approach to each of the modules allows for an understanding and appreciation of thematic considerations, which may similarly affect other African jurisdictions as the South African context.

The aim is to provide for a growing body of applied research, in the form of applied research on various considerations, concerns and developments of the extractives sector. The LLM qualification can act as a possible entry point to the PhD qualification. There is already great competition for positions in this qualification, and many of the learners that apply to do doctoral studies have completed one of the modules.

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING

Recognition of Prior Learning (RPL):
RPL practices for specific qualifications are context-sensitive and framed to suit those different contexts where RPL is deemed appropriate. RPL at the institution is developmental, not a deficit model of adult learning; it builds on knowledge and skills that adults have already acquired.

RPL Process:
The institution engages in evaluation for learners who apply through RPL. Where a learner lacks an LLB qualification, the institution considers its experience in law-related professions and careers. The evaluation of prior learning is an academic task and, like other forms of assessment, is done by academic experts in the given field and drawing on other experts as needed.

The institution decides on the most appropriate methods and approaches for the assessment of prior learning in their field. The assessment of the RPL learner and the decisions concerning their admission are the ultimate responsibility of the Deans in consultation with the heads of department to which they are applying. This process is facilitated and supported by the expertise of staff within the Centre for Higher Education Development (CHED).

RPL assessment methodologies include portfolios of evidence, interviews, demonstrations and simulations, observations, written and oral exams, letters of recommendation and other forms of expert testimony, case studies, and documentation of successful past learning experiences; and assessment methods. These assessment methods allow for judgements of past learning with the Exit Level Outcomes of the particular module/qualification. While the choice of methodologies is ultimately an academic function, the institution recognises the importance of learners' input into the decision-making process. The choice and use of a given set of RPL methodologies are consistent with the institution's principles of assessment. RPL practices will meet key criteria for validating assessment practices, and in particular: transparency, fairness, legitimacy, attention to unintended negative consequences and feasibility.

Entry Requirements:
The minimum entry requirement for this qualification is:

A Bachelor of Laws qualification, NQF Level 8.

RECOGNISE PREVIOUS LEARNING?

QUALIFICATION RULES

This qualification consists of the following compulsory and elective modules at National Qualifications Framework Level 9 totalling 190 Credits.

Compulsory Modules, Level 9, 145 Credits:

Comparative Mineral Law in Africa, 30 Credits.

Oil and Gas Law in South Africa, 30 Credits.

Resource Revenues Law, 30 Credits.

Comparative Mineral Law in Africa Research Task, 15 Credits.

Oil and Gas Law in South Africa Research Task, 15 Credits.

Resource Revenue Law Research Task, 15 Credits.

Elective Modules, Level 9, 45 Credits (Choose one 30 Credit elective and the accompanying research task):

Property Law in a Constitutional Order, 30 Credits.

Property Law in a constitutional Order Research Task, 15 Credits.

Negotiation of Mining Contracts, 30 Credits.

Negotiation of Mining Contracts Research Task, 15 Credits.

Natural Resource Law, 30 Credits.

Natural Resource Law Research Task, 15 Credits.

EXIT LEVEL OUTCOMES

1. Demonstrate knowledge of the area of law; its theoretical and policy underpinnings; its sources; its current political, economic and social context; its historical origins, and current domestic and international developments in practice pertaining to minerals, petroleum, taxation, mine contracts negotiation and property theory; a heightened awareness of the multitude of issues that plague the extractives sector.
2. Research and apply the law and principles to practical situations in respect of the extractives sector.
3. Critically evaluate the policy underpinnings of the law; the qualification to which the law succeeds in achieving its policy objectives, and its suitability for current circumstances.
4. Construct arguments to persuade on the appropriateness of either particular resolution of legal disputes or law reform relating to extractives.
5. Take into account non-legal considerations that may weigh in deciding on an appropriate resolution of legal disputes.

ASSOCIATED ASSESSMENT CRITERIA

Associated Assessment Criteria for Exit Level Outcome 1:

Demonstrate knowledge of the area of law.

Understand its theoretical and policy underpinnings.

Familiarity with its sources.

Understand its context, political, economic and social.

Demonstrate knowledge of its historical origins and development.

Demonstrate knowledge of domestic and international developments and trends in practice and policy in the area of law.

Associated Assessment Criteria for Exit Level Outcome 2:

Demonstrate clear evidence of unsupervised, effective application of sound research practices as follows:
> Identify research issues or themes appropriately.
> Access a comprehensive range of current literature and research in the specialist area of law.
> Analyse literature and research and accorded appropriate weight as an authority.
> Plan and conduct the research using a range of research methods and techniques appropriate for a professionally relevant research task.
> Select research methods and techniques that show evidence of a clear understanding of relevant research theory and professional practice.
> Present the results of such research critically and coherently describe theoretical arguments, the research process, methodology, results, conclusions and recommendations relevant to a professionally relevant research task.

Associated Assessment Criteria for Exit Level Outcome 3:

Evaluate critically the degree to which the law succeeds in achieving its policy objectives.

Identify shortcomings in the policies or the law that may suggest a need for reform.

Generate reform proposals designed to achieve identified policy objectives.

Associated Assessment Criteria for Exit Level Outcome 4:

Demonstrate analysis of facts.

Identify legal issues raised by such fact complexes.

Identify and apply appropriate skills, strategies and techniques that correspond with the theoretical assumptions in the specialist area of law.

Ensure research and intervention includes the appropriate and creative use of tools and data relevant to the specialist area of law.

Propose interventions and recommendations reflect purposeful and creative plans to seek solutions based on theory and proven methods in the specialist area of law.

Apply the results of the research.

Demonstrate the skill in extrapolating key findings, justifiable conclusions, and, where applicable, making feasible recommendations.

Associated Assessment Criteria for Exit Level Outcome 5:

Develop an independent, reasoned, and pragmatic approach to creative problem-solving resource law issues.

Integrate non-legal considerations, practice and policy that may weigh in deciding on an appropriate resolution of legal disputes or determining solutions to identified problems.

Think independently, show high-level awareness of ethical issues raised and identify strengths and weaknesses in work produced in achieving its objectives and ways it could be improved to enhance effectiveness and professionalism.

Integrated Assessment:
The assessment policy has been developed in light of the Assessment Policy of the institution and is consistent with the policy for assessment applied to the coursework and minor-dissertation. The policy incorporates integrated assessment utilising the following criteria: validity, reliability, academic integrity, transparency, fairness, achievability and timely feedback. Each module within the qualification includes more than one assessment opportunity and the use of more than one type of assessment. Each module includes elements of formative and summative assessment.

Forms of assessment are practically oriented to assess a learner's ability to understand and professionally apply the law and are evaluated against the assessment criteria.

INTERNATIONAL COMPARABILITY

The School of Law at the University of Aberdeen has Masters Qualifications offering learners the opportunity to develop legal professional skills. The qualifications are the LLM Oil and Gas Law with Professional Skills and the LLM International Commercial Law with Professional Skills. Instead of the dissertation component, learners attend a summer module that focuses on specific professional skills relevant to the subject area. In the Oil and Gas Law qualification, the learners participate in the simulations of the commercial decision-making process for hydrocarbon development, with the focus on the legal and regulatory dimensions. In the International Commercial Law qualification, the learners will participate in an arbitration exercise, with learners not only preparing an arbitration case to be heard but also acting as arbitrator and delivering an award. These developments reflect a recognition that while many learners and employers continue to want a traditional LLM, including the independent research and critical analytical skills developed especially by the dissertation, others search for the opportunity to develop other practical skills specific to particular areas of legal practice.

ARTICULATION OPTIONS

This qualification allows possibilities for both vertical and horizontal articulation.

Horizontal Articulation:

A related Master of Laws, NQF Level 9.

Vertical Articulation:

Doctor of Philosophy in Law, NQF Level 10.

MODERATION OPTIONS

N/A

CRITERIA FOR THE REGISTRATION OF ASSESSORS

N/A

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.

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