SAQA

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 THAT HAS PASSED THE END DATE:

Doctor of Laws

SAQA QUAL ID	QUALIFICATION TITLE
3389	Doctor of Laws
ORIGINATOR
Rand Afrikaans University
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY			NQF SUB-FRAMEWORK
CHE - Council on Higher Education			HEQSF - Higher Education Qualifications Sub-framework
QUALIFICATION TYPE	FIELD		SUBFIELD
Doctoral Degree	Field 08 - Law, Military Science and Security		Justice in Society
ABET BAND	MINIMUM CREDITS	PRE-2009 NQF LEVEL	NQF LEVEL	QUAL CLASS
Undefined	360	Level 8 and above	NQF Level 10	Regular-Provider-ELOAC
REGISTRATION STATUS		SAQA DECISION NUMBER	REGISTRATION START DATE	REGISTRATION END DATE
Passed the End Date - Status was "Reregistered"		SAQA 2663/05	2006-07-01	2009-06-30
LAST DATE FOR ENROLMENT		LAST DATE FOR ACHIEVEMENT
2010-06-30		2013-06-30

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

The purpose of this qualification is to let learners demonstrate an ability to make an own, distinctive and novel contribution to the corpus of knowledge on a particular subject of legal study.

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING

By successfully completing this qualification, learners will have demonstrated a specialist knowledge of the subject of study and also of the field(s) of the law the topic encompasses, the full range of the applied competences necessary to exhibit that knowledge, and an ability to relate the knowledge gained to other comparable systems of the law, to the practice of law and to related disciplines outside the law. Learners will also have demonstrated an ability to make an own, distinctive and novel contribution to the corpus of knowledge on the subject of study.

The minimum requirement is an LLB degree (or equivalent qualification) at NQF level 7 and a minimum number of credits of 592. The Board of the Faculty of Law recommends to the Senate of the University the admission of learners on the basis of academic merit of the learner, prior qualifications obtained by the learner, the merit of the research proposal submitted to the Board and the availability and competence of a member of faculty to promote the study.

The Board of the Faculty may require learners to submit to an oral examination on set study material to demonstrate their competence for doctoral research before they are admitted to the qualification.

RECOGNITION OF PRIOR LEARNING:
Recognition of prior learning in the case of learners not complying with the formal entry requirements will be conducted in accordance with the policy and guidelines of the University concerning the recognition of other forms of formal, informal and non-formal learning and experience. For this post-graduate qualification, recognition takes place only where prior learning corresponds to the required NQF-level, and in terms of applied competencies relevant to the content and the outcomes of the qualification. Through recognition of prior learning learners may gain access, or advanced placement, or recognition of status, on condition that they continue their studies at this University.

Recognition of prior learning by the Faculty takes place in terms of an assessment procedure. This procedure includes a motivated recommendation by an assessment panel to the Dean's Committee, which takes the final decision.

RECOGNISE PREVIOUS LEARNING?

EXIT LEVEL OUTCOMES

THE LEARNERS SHOULD BE ABLE TO:

1. Problem solving skills
By the acquisition of specialist knowledge that provides a personally-constructed intellectual foundation and competence for continued expertise in the field of law studied at the highest level, and for making an own, distinctive and novel contribution to the knowledge in the relevant field of the law, learners will be able to identify, analyse, reflect on and solve the highest level legal problems responsibly, creatively and with originality

2. Team ship
Learners' awareness of the necessity of teamwork and their ability to function effectively as leaders of high-level teams or organisations will be enhanced.

3. Self-responsibility skills
The key to obtaining a doctorate degree is indeed self-responsibility. Therefore, successful learners will have demonstrated ability for self-study, self-discipline, initiative, and to plan, organise, manage and execute the research and writing of the thesis responsibly and effectively.

4. Research skills
Learners will demonstrate greatly enhanced research skills by the high-level research required by the writing of the thesis

5. Communication skills
Communication and communication skills, both orally and in writing, are keys to the oral examination and the research into the law and the writing of a quality thesis required by this qualification and will have been demonstrated satisfactorily by a successful learner.

6. Technological and environmental literacy
The ability of learners to utilise science and technology effectively, and with sensitivity for its environmental impact, will be enhanced by the study, research and writing required by the qualification.

7. Developing macro-vision
Learners' insight into, and ability to give direction to, the interrelatedness of the law with other fields and with society in general, as well as the influence of the law on society and vice versa, will be enhanced by the required high-level, topical research.

8. Learning skills
Being a postgraduate qualification aimed at the highest level research and reflective studies, the learning skills of learners will be enhanced substantially

9. Citizenship
As the qualification is aimed at the provision of top qualified lawyers and researchers with a greater awareness and knowledge of societal issues, learners' social responsibility as citizens will be enhanced.

10. Cultural and aesthetic understanding
Through the high-level study and research required by this qualification, learners will be more aware of and sensitive for cultural and aesthetic realities in society and to accept a leadership role in its accommodation.

11. Employment seeking skills
Through the acquisition of specialist knowledge of the law, and the making of an original contribution to the resolution of societal problems, the qualification provides learners with a competitive advantage in seeking employment.

12. Entrepreneurship
Through the acquisition of specialist knowledge of the law, and the making of an original contribution to the resolution of societal problems, the qualification provides learners with more opportunities to develop and implement entrepreneurial skills.

ASSOCIATED ASSESSMENT CRITERIA

CAN THE LEARNERS:

1. Demonstrate in written or oral form, the specialist knowledge and understanding required at the highest level. Demonstrate in written or oral form, an ability to identify, analyse, reflect on and solve the highest-level legal problems.

2. Display awareness of and an ability to function effectively as leader of a high-level team.

3. Demonstrate an ability to function effectively in terms of organisation and management and, at the highest level, on their own.

4. Display an ability to conduct a high-level research project successfully.

5. Demonstrate the ability and confidence to communicate effectively, both orally and in writing.

6. Demonstrate the effective utilisation of scientific and technological aids.

7. Display understanding of the place and role of the law in society and ability to help shape the future.

8. Display ability to demonstrate specialist knowledge of the studied subject of the law, and ability to make an own, distinctive and novel contribution.

9. Display understanding of the role of the law in the development of people.

10. Display awareness and sensitivity for societal realities and give direction to their accommodation.

11. Display awareness as to how the qualification can be utilised to access the labour market.

12. Display an ability to develop and maintain at a high level a career in law.

INTEGRATED ASSESSMENT APPROPRIATELY INCORPORATED TO ENSURE THAT THE PURPOSE OF THE QUALIFICATION IS ACHIEVED:
Learners are assessed on their ability to demonstrate an interpretative, problem-sensitive understanding - based on research of stated law and scholarly writings - of the fundamental legal principles underlying the subject matter of the thesis, an ability to communicate this understanding accurately, systematically and lucidly, and the competence to utilise this understanding to develop these principles into theoretical conducts applied to areas of knowledge not yet explored or integrated into the relevant field of law, and thereby to generate novel solutions to recognised problems. Assessment, therefore strongly focuses on an exhibition of specialised knowledge and the ability of learners to make an own, distinctive and original contribution to the knowledge on the subject of study.

FORMATIVE ASSESSMENT PRACTICES THAT WILL BE IMPLEMENTED:

Formative assessment is aimed at the development of a life-long learning culture based on continuous self-study. More particulary, in this qualification, formative assessment aims at the preparation of the learners for writing a quality thesis. Formative assessment is conducted in some cases (see par 1) by means of a formal oral examination. The oral examination on prescribed study material serves to assess learners' ability to engage in the type of research, and the writing of the thesis, required for this qualification.

In the course of the writing of the thesis, learners are required to take part in a number of seminar discussions on subjects relating to the research topic. The purpose is to assess learners' understanding of the field of study and their ability to communicate effectively on problem areas and issues related to the research topic. This also encourages peer and self-assessment. In addition, learners are stimulated and encouraged by their participation in their field of study and, particularly, their thesis.

Throughout, regular meetings between learners and their study leaders take place during which all aspects pertaining to the preparation for the oral examination, the research topic, the conducting of the research, and the writing and the finalisation of the thesis are discussed. Study leaders assess learners continuously and, equally important, guide them through the process.

SUMMATIVE ASSESSMENT PRACTICES THAT WILL BE IMPLEMENTED:
Integrated assessment, focusing on the achievement of the exit-level outcomes, will be done by means of:

Summative assessment determines whether the learner is awarded the qualification. In the summative assessment the final thesis, as submitted, is examined by a panel of not less than three examiners, two of which must be external. Each examiner must submit a written report, assessing the substantive content and the formal presentation of the thesis. The reports must indicate whether the thesis is accepted unamended, or after amendments have been made, or must be referred back for revision and improvement, or whether the thesis should be rejected. The qualification is obtained if the thesis is accepted.

As further demonstration of the learners ability in this regard, the learner is required to submit a publishable article based on the thesis whish may, at the discretion of the study leader, be submitted for publication in a law journal under the name of the learner or the names of both the learner and the study leader.

ARTICULATION OPTIONS

ACCESS TO QUALIFICATIONS ON A LOWER LEVEL;
In principle, it is for obvious reasons, not possible for the learners to enter the qualification in mid-stream. Any relevant "credits" obtained elsewhere may, however, impact on the volume of prescribed study material for the oral examination.

ACCESS TO QUALIFICATIONS ON THE SAME LEVEL:
For obvious reasons, for example, the unique relationship between the learner and study leader who should not be interrupted or severed, it is in principle also not possible for learners to enter or exhibit the qualification in mid-stream.

ACCESS TO QUALIFICATIONS ON A HIGHER LEVEL:
For obvious reasons, for example again, the unique relationship between learner and study leader which should not be interrupted or served, it is in principle also not possible for learners to enter or exit the qualification in mid-stream.

MODERATION OPTIONS

Moderation to ensure fair, reliable and valid assessment is essential. The following mechanisms are employed:

Criteria for study material and examinations imposed by the University and Faculty Board.

Another oral examination by the external moderators in particular or doubtful cases.

Moderation of results by the Dean and/or Dean's Committee.

Overall assessment and moderation by the Faculty Examination Committee.

Appeals to the Dean by individual learners.

CRITERIA FOR THE REGISTRATION OF ASSESSORS

All internal and external assessors (moderators and examiners) will be required to:

Have an appropriate law qualification and/or equivalent practical experience in the relevant branch of the law;

Have the ability to assess learners at this level;

Be nominated by the Faculty of Law for this purpose and registered with the appropriate ETQA, requiring them to comply with the other criteria imposed by the relevant SGB.

REREGISTRATION HISTORY

As per the SAQA Board decision/s at that time, this qualification was Reregistered in 2006.

NOTES

Old qualification

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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