|
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. |
| SOUTH AFRICAN QUALIFICATIONS AUTHORITY |
| REGISTERED QUALIFICATION: |
| Postgraduate Diploma in Medical law |
| SAQA QUAL ID | QUALIFICATION TITLE | |||
| 125160 | Postgraduate Diploma in Medical law | |||
| ORIGINATOR | ||||
| University of the Western Cape | ||||
| PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY | NQF SUB-FRAMEWORK | |||
| CHE - Council on Higher Education | HEQSF - Higher Education Qualifications Sub-framework | |||
| QUALIFICATION TYPE | FIELD | SUBFIELD | ||
| Postgraduate Diploma | Field 08 - Law, Military Science and Security | Justice in Society | ||
| ABET BAND | MINIMUM CREDITS | PRE-2009 NQF LEVEL | NQF LEVEL | QUAL CLASS |
| Undefined | 120 | Not Applicable | NQF Level 08 | Regular-Provider-ELOAC |
| REGISTRATION STATUS | SAQA DECISION NUMBER | REGISTRATION START DATE | REGISTRATION END DATE | |
| Registered | EXCO 0836/25 | 2025-11-13 | 2028-11-13 | |
| LAST DATE FOR ENROLMENT | LAST DATE FOR ACHIEVEMENT | |||
| 2029-11-13 | 2032-11-13 | |||
| 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 |
| The purpose of the Postgraduate Diploma (PGDip) in Medical law is to equip health workers with in-depth knowledge and understanding of medical law, guide them in legally compliant, ethical practices of their professions and for them to secondarily impart this learning in their workplaces in the various health care settings as role models and by providing leadership in complex decision-making in their medical teams.
The qualification is aimed at learner health professionals and managers of health institutions in both the public and private sectors who wish to gain an in-depth understanding of the legal system and the laws governing their daily practice. The qualification will also be of interest to professionals with law degrees who wish to extend their practices into the area of medical law. Professionals with qualifications in the health sciences who wish to understand the South Africa legal system and the laws governing the health professional-patient relationship will find the qualification useful both theoretically and practically. The number of findings of unprofessional conduct published by the HPCSA and the growing cases of litigation against health professionals attest to the need for legal training for health professionals. Knowledge of medical law will allow them to take pre-emptive steps to develop protocols to minimise legal claims and to know how to proceed in the event of claims. The qualification seeks to enhance the understanding of South African medical law in the health care community. The qualification will enable health professionals to apply the principles of medical law to complex real-life situations confronting health care settings to creatively secure legally and ethically compliant solutions to these challenges. The focus in the qualification, on the values set out in the South African Constitution, furnish a nexus from which legislation and ethical guidelines in health care provide the learners with a framework for dealing with legal issues arising in the health care settings. Learners will develop a scholarly approach to medical law which can be applied to their work environments, which may either be rural, urban or in situations in which there are rapid technological advancements, requiring analysis and application of the law in different real-life settings. This is in keeping with the institution's Charter of Graduate Attributes requirement of nurturing active engagement 'and understanding through inquiry, critique and synthesis'. Advances in medical science create new ethical dilemmas and unforeseen challenges to which longstanding legal principles must be applied confidently and effectively. Learners contributes to the social good, contributing to the provision of health care that respects patient rights and patient dignity. The learner attribute of lifelong learning is served by health professionals' critical reflection and ongoing application of medical law to complex, changing situations. The interdisciplinary nature of the qualification, applying the law to the health care settings, deepens collaboration 'across diverse disciplinary and professional boundaries to solve complex problems'. Interpersonal flexibility, in terms of the Charter, promotes teamwork to produce work of a high quality in the knowledgeable application of the law to medical scenarios. The qualification ensures that learners are sufficiently informed and knowledgeable to put measures in place which will optimise legal compliance and ethical practices in the health care environment. This would also mitigate and/or avoid possible malpractice suits and equip learners with the ability to demonstrate: The exit level outcomes support the programme's purpose to facilitate the development of learners health professionals with a deep knowledge and understanding of medical law in South Africa and the ability to apply that theoretical knowledge in the health care settings to contribute to the legally compliant provision of health services to patients. Learners will be able to deal with conundrums arising in relation to patient care, emerging technology and potentially enhance their careers while at the same time, sharing knowledge in their workplaces and extending the benefits of the learning to colleagues and patients. Rationale: Medical law is a popular and growing area of interest for legal practitioners. None of the three universities in the Western Cape offer medical law as a subject area or qualification, either in their law faculties or at their health sciences faculties. There is thus a market in the Western Cape for a Diploma in medical law. Health legal issues have reached crisis proportions in South Africa: the value of claims against the state alone are approximated to be at over R1.2 billion. Health workers practise in environments that are often challenging and stressful, but where they are expected to understand and apply the many laws applicable to them and to communities. This PGDip (Medical Law) which seeks to promote interdisciplinarity, is designed to equip health professionals with the knowledge and skills in legal education that will enhance their professional practice within the medical field. The typical learners for this qualification would be graduates in the medical field such as doctors, nurses, and dentists including graduates in health professions such as psychologists, pharmacists, occupational therapists, physiotherapists, dieticians and audiologists. The qualification would fulfil the needs of learners in the medical law qualification that emphasises the application of theoretical legal knowledge in real-life situations. As alluded in the previous paragraph, medico-legal litigation impacts the health sector with ominous consequences. Learners in this qualification will acquire knowledge to optimise legal compliance and promote ethical practices in the medical environment. Learners will analyse and interpret health legislation including understanding how it is interpreted in court judgements. The litigation burden carried by the Department of Health indicates that there is a clear need for health professionals to have a grasp of the legal requirements of the environment in which they work. There is also a need for health professionals to heed the constitutional imperatives of access to health care and emergency care in a spirit of respect for the dignity of all and to 'recognise the injustices of the past' and their lasting impact on the health of citizens. The interrelatedness of constitutional rights is clearly illustrated in the example of access to health care, without which it is difficult to enjoy other constitutional rights such as dignity, for example. Inequality in South Africa is glaringly obvious in the arena of access to health care with mainly the indigent, migrants and rural patients using the state health sector. This qualification will further equip learners with basic knowledge of the Constitution as it applies to health care, and the importance of respectful provision of health care to 'improve the quality of life of all citizens and free the potential of each person. The inequities in South African society are starkly reflected in lack of access to adequate health care for indigent, and especially the rural indigen. Health professionals are confronted with these realities daily. Learners in this qualification will be required to identify legal problems faced by health care workers particularly in the South African contexts and develop solutions that are informed by the health care or medical law theories, which recognise the transformation imperatives of the country. The HPCSA does not provide formal training compliance with the law but deals with complaints, professional conduct issues and disciplinary matters via its ombud, inspectorate and professional bodies for health professionals. The HPCSA has published comprehensive guidelines on professional conduct 'Ethical Guidelines for Good Practice in the Health Care Professions', which learners of the qualification will be required to understand as articulated in the content across various modules. The typical participants for this qualification would be graduate health professionals such as doctors, nurses, pharmacists, dentists and graduate allied health professionals such as psychologists, occupational therapists, physiotherapists, dieticians and audiologists. The qualification would fulfil their needs for a medical law qualification that emphasises the application of theoretical legal knowledge to practical, real-life situations. |
| LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING |
| Recognition of Prior Learning (RPL):
The institution recognises Recognition of Prior Learning (RPL) as an important mechanism to widen access, support transformation, and value diverse forms of knowledge. RPL affirms that learning acquired through formal, non-formal, and informal contexts has value, and may be assessed for the purposes of admission or advanced standing in line with the principles of lifelong learning. The institution's approach to RPL is guided by the National Qualifications Framework (NQF) Act (2008), the SAQA National Policy and Criteria for the Implementation of RPL (amended 2019), the CHE Higher Education Qualifications Sub-Framework (HEQSF), CHE Policy on the Recognition of Prior Learning (2016), and the DHET RPL Implementation Framework (2023). In accordance with these policies: Through this approach, UWC affirms its mission to serve as a research-led, socially responsive university that advances equity of access, recognises experiential learning, and promotes academic success for diverse learner communities. Applicants for RPL must work closely with the Faculty of Law and the RPL Unit. Entry Requirements: A Legal, Medical or Health-related qualification, NQF level 7 or higher. |
| RECOGNISE PREVIOUS LEARNING? |
| Y |
| QUALIFICATION RULES |
| This qualification consists of four compulsory modules on NQF level 8, with a total of 120 credits.
Compulsory modules on NQF level 8 |
| EXIT LEVEL OUTCOMES |
| 1. Demonstrate knowledge of measures to optimise legal compliance and ethical practices by health professionals.
2. Source and evaluate scholarly publications on medical law and apply the knowledge to legal and ethical issues and that arise throughout the human life cycle from before conception to after death. 3. Interrogate concepts and values in medical law and ethical practice and be able to align ethical requirements to medical practice throughout the life stages. 4. Interrogate concepts and values in medical law and ethical practice and be able to align ethical requirements to medical practice throughout the life stages. 5. Apply a critical understanding of medical law to common legal problems faced by health care workers particularly in their own contexts. 6. Demonstrate the ability to structure coherent arguments around medico-legal problems and ethical dilemmas in health care particularly in their own contexts. 7. Critically appraise medico-legal concepts, their legal basis in South African law and any controversies around them. 8. Critique the ethical requirements of professionalism in health care work, in general and contexts. 9. Assess the impact of the Constitution and health legislation on marginalised and vulnerable patient populations in South Africa. |
| ASSOCIATED ASSESSMENT CRITERIA |
| Associated Assessment Criteria for Exit Level Outcome 1:
Associated Assessment Criteria for Exit Level Outcome 2: Associated Assessment Criteria for Exit Level Outcome 3: Associated Assessment Criteria for Exit Level Outcome 4: Associated Assessment Criteria for Exit Level Outcome 5: Associated Assessment Criteria for Exit Level Outcome 6: Associated Assessment Criteria for Exit Level Outcome 7: Associated Assessment Criteria for Exit Level Outcome 8: Associated Assessment Criteria for Exit Level Outcome 9: Integrated Assessment: The qualification has no integrated assessment; students are assessed across different modules. The assessments for each module are aligned to the module outcomes which are aligned to the exit level outcomes of the programme, since this is an exit level programme. Subsequently, once a learner passes all the modules, they demonstrate attainment of the ELOs and the achievement of the programme purpose. For each module, the assessment strategy includes both the formative and summative assessment. These are described below. Integrated Formative Assessment Formative assessment across the modules is used to provide continuous, developmental evaluation of learner progress. A variety of modalities are employed in different modules such as online quizzes, written assignments, case study analyses, and group presentations. These assessment activities are explicitly aligned to the module outcomes and are designed to cultivate advanced conceptual understanding, critical analysis, and the ability to integrate theoretical knowledge with professional practice at NQF Level 8. The formative assessment process serves multiple purposes: Overall, formative assessment is conceptualised as a learning tool rather than a grading mechanism, fostering independent learning, reflective practice, and academic growth in line with postgraduate expectations. Integrated Summative Assessment Summative assessment will be used to determine the extent to which students have achieved the Exit Level Outcomes at the end of each module. These will include written assignments, take-home tests, and case study analyses that require learners to demonstrate both advanced theoretical knowledge and the ability to apply it to complex medico-legal contexts. In line with the University's Assessment Policy, formative assessments will contribute 60% of the final module mark and the summative assessment will contribute 40%. A minimum of 50% in each component is required to pass. All assessments will be moderated internally and externally to ensure fairness, consistency, and appropriate alignment with NQF Level 8 requirements. This balanced approach seeks not only to measure performance, but also to foster critical reflection, ethical reasoning, and respectful engagement with complex issues. |
| INTERNATIONAL COMPARABILITY |
| This qualification is comparable to the Australian and UK postgraduate diplomas in terms of target market and aims of the course, but of course this qualification focuses on South African laws and policies in health care.
This qualification focuses on medical law in South Africa and will therefore be relevant to the South African learner market. Learners from Namibia, Zimbabwe or Botswana who use South African case law as precedent, may find this Diploma useful, but are not the primary target market for this qualification. The PGDip Medical Law will be the only one of its kind on the African continent. Australia Institution: The University of Sydney Qualification: Graduate Diploma in Health Law Duration: one year part-time only, contact course. Purpose: These qualifications deal specifically with their own domestic legal systems, case law and health systems and, as with this proposed PGDip, are aimed at professionals in health care who wish to pursue their interests in medical law without completing a full master's degree with a research component. Legal professionals who wish to specialise in medical law are also included in the target market. This qualification consists of 4 modules designed for lawyers or non-lawyers who wish to upgrade their qualification(s) for the purposes of career advancement or professional and academic interest. Graduates are allowed to proceed to the master's in health law. For the award of the Graduate Diploma in Health Law, students must complete 24 credit points comprising: Or Assessment: online participation (10%), 1500-word essay (15%), class presentation (5%) and 5000-word assignment (70%). Mode of delivery: Block release Australia Institution: University of Melbourne Qualification: Graduate Diploma in Health & Medical Law Duration: 6 months full time / 1-year part time Credits: 4 modules of 12.5 credits each Purpose The Graduate Diploma in Health and Medical Law (GDipHlth&MedLaw) gives legal practitioners, doctors, health professionals and administrators the legal knowledge to take the next step in their careers. It's available for both law and non-law graduates and the flexible structure makes it ideal for working professionals looking to immerse themselves in the study of health and medical law. Assessment: 75% attendance and research paper of 8000-10000 words United Kingdom Institution: Qualification: Postgraduate Diploma in Healthcare Ethics & Law Duration: Credits: 120 Credits comprised of taught course units (each of 15 or 30 credits value); 2 x 15 credits; 3 x 30 credits 4000-word essays and set exercises. Purpose Learners will gain expert knowledge and understanding of bioethical and medico-legal theories, and the skills needed to apply them in the real world, in a diverse range of contexts. Generally, each class in a course unit has a duration of 2 or 3 hours per week, and is split roughly between a formal, didactic period and a structured discussion period (most often based on the so-called challenge-response model). Similarities The envisaged qualification at the institution will consist of written coursework, online lectures and videos, compulsory participation in online discussion forums and assessed learner videos and presentations. The qualification is comparable in that the target market is the same, namely, health professionals who seek to develop legal expertise. Similarly, the qualification would have 4 modules but differ in terms of duration. Additionally, Manchester offers several choices between modules while this qualification consists of 4 compulsory modules. Differences The duration for the delivery of the qualification is different. Manchester offers several choices between modules while this qualification consists of 4 compulsory modules. Conclusion The qualification thus addresses the needs of health professionals who would not ordinarily have access to a university programme dealing with the legal framework in which they work and who do not wish to commit to a programme with a research component, due to scheduling difficulties. |
| ARTICULATION OPTIONS |
| This qualification provides opportunities for the following articulation options.
Horizontal Articulation: None of the three universities in the Western Cape offer medical law as a subject area or qualification, either in their law faculties or at their health sciences faculties. There are therefore no articulation options between frameworks as this qualification is fairly new. Vertical Articulation: Diagonal Articulation Occupational Certificate: Family Law Practitioner, NQF Level 5. |
| MODERATION OPTIONS |
| 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. |
| 1. | University of the Western Cape |
| 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. |