SAQA

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SOUTH AFRICAN QUALIFICATIONS AUTHORITY

REGISTERED QUALIFICATION THAT HAS PASSED THE END DATE:

Master of Law: Cyber Law

SAQA QUAL ID	QUALIFICATION TITLE
49856	Master of Law: Cyber Law
ORIGINATOR
Rand Afrikaans University
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY			NQF SUB-FRAMEWORK
Was CHE until Last Date for Achievement			HEQSF - Higher Education Qualifications Sub-framework
QUALIFICATION TYPE	FIELD		SUBFIELD
Master's Degree	Field 08 - Law, Military Science and Security		Safety in Society
ABET BAND	MINIMUM CREDITS	PRE-2009 NQF LEVEL	NQF LEVEL	QUAL CLASS
Undefined	120	Level 8 and above	NQF Level 09	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 is replaced by:

Qual ID	Qualification Title	Pre-2009 NQF Level	NQF Level	Min Credits	Replacement Status
73991	Master of Laws in Cyber Law	Level 8 and above	NQF Level 09	180	Complete

PURPOSE AND RATIONALE OF THE QUALIFICATION

Purpose:

The primary purpose of this qualification is to provide qualifying learners with:

Intellectual and theoretical competencies at an advanced level to strengthen his/her ability to understand and apply the law relating to cyberlaw.

Being equipped intellectually and obtaining an enhanced insight into the legal basis which informs, influences and circumscribes the cyber law.

Obtaining a high-level competence to master the legal dimensions of cyberlaw.

Acquiring and developing advanced research and formulation skills which enable learners to apply the law and principles relating to cyber crimes in an expert fashion.

Being enabled to demonstrate analytical and interpretative competencies in the application of the law that provide learners with a deeper understanding of cyberlaw, against the background of the commercial and social environment.

Obtaining the ability to compare and evaluate the scientific and applied relevancy of legal and non-legal data.

The acquisition of a capacity for the pursuit of further post-graduate multi-disciplinary learning and learning in law.

Enhanced employment opportunities and entrepreneurial skills.

Rationale:

The use of computers has heralded a new era, namely the information age, which is dominated by information systems. In this information era, information systems such as computers have and will increasingly permeate every sector of life - personal as well as working life. Cyberspace as a medium opposed to that of the physical world has brought with it challenges yet unknown or different to that of the physical world and it is of immense importance that especially legal practitioners take note of the legal system within cyberspace which is referred to as cyberlaw. Cyberlaw encompasses the use of electronic communication systems and all conduct that relates to the exchange of information in cyberspace. It has become abundantly clear that the use of communication systems for the exchange of information such as buying online or sending an SMS, is not merely a technical phenomena but a legal issue which culminates in major legal consequences. It is the legal ramifications of the use of information technology that must be evaluated, studied and researched within the ambit of cyberlaw. Legal issues, such as whether employees' e-mails may be intercepted and/or monitored within the ambit of the workplace; whether it is safe to do online banking and if a breach of security occurs, who is liable and closely linked with the latter question, whether the perpetrator of a crime can be prosecuted and other issues arise. All the various legal issues can be bought under four main modules, namely intellectual property rights; e-commerce; privacy, trust and security; and lastly unlawful conduct. Legislation is enacted to deal specifically with electronic communication systems. It is important that any prospective student has a general overview of the legal challenges facing the use of communication systems in cyberspace before commencing with specialization. One should also look wider than South Africa but also to other countries with regard to protection of privacy, curbing spam, cyberstalking, security threats made regarding the use of information systems within the corporate world and what the position of the ISP is in respect of denial of service attacks. All these issues seen within a comparative ambit bring with it legal debate and ever-increasing topics for much needed research, especially if South Africa wishes to be economically competitive - which is much needed for the upliftment of our society.

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING

Recognition of prior learning:

Learners who do not meet the formal requirements for the qualification may apply for recognition of prior learning and for admission on the basis thereof. Prior learning can include prior qualifications, other prior formal, informal and non-formal learning as well as relevant work experience. If admission is granted, learners must undertake to comply with all the conditions that may set with a view to promoting successful studies. Through recognition of prior learning a learner may gain access. or advanced placement or recognition of status on condition that she or he continues her or his studies at this university. 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 form 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 outcomes of the qualification. 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.

Admission criteria:

Rules of access
The minimum entry requirement is an LLB degree or (equivalent qualification) at NQF level 7.

Additional selection criteria
Depending on the prestudy a supplementary study programme may be required as condition for admission. Learners may be selected for entry to the qualification. The selection has to be based on one or more objectively justifiable and appropriate criteria.

RECOGNISE PREVIOUS LEARNING?

QUALIFICATION RULES

Duration and total credit value of qualification:

Duration of qualification: One year for full-time learners, two years for part-time learners.

Total credit value of qualification: 120 of which 24 is awarded to the dissertation.

The dissertation requires 240 notional hours of research, preparation, presentation (orally or in writing) and follow-up work.

Minimum credits required at specific levels:

Level 8: 120 (dissertation constitutes 24 credits).

Please note that the 120 credits over one year will only be applicable to learners doing the LLM on a full-time basis.

Specify total number of credits for:

Fundamental modules: This is a specialist qualification and no fundamental modules are necessary.

Core modules: 120 (dissertation constitutes 24 credits).

Elective modules: Qualification has no elective modules.

Rules of Combination:

Refer to the following attachments

Like all the other Master of Law qualifications in the comprehensive programme of the Faculty of Law, the Master of Law by course-work in cyberlaw will serve to integrate prior knowledge gained in previous qualifications with a deeper, high-level knowledge of all matters pertaining to cyberlaw.

The qualification consists of five modules. Four are course-work modules and the fifth consists of a dissertation. The dissertation deals with a specific topic in the field of cyberlaw. The programme consists of lectures presented by practitioners and academics who have proven their in-depth knowledge of the topic under discussion.

Master of Law by course work in Cyberlaw - LLM in Cyberlaw

Module/ subject: Intellectual property rights, Core:24 Credits at NQF level 8

Module/ subject: E-commerce, Core: 24 Credits at NQF level 8

Module/ subject: Security, Trust and Privacy, Core: 24 Credits at NQF level 8

Module/ subject: Unlawful Conduct, Core: 24 Credits at NQF level 8

Module/ subject: LLM KRR Dissertation, Core: 24 Credits at NQF level 8

Total credits,Core:120 Credits at NQF level 8

EXIT LEVEL OUTCOMES

1. Problem-solving skills:

Identify, analyse, comment on and solve advanced cyber law and associated problems based on a relevant theoretical framework and reflect on the process of problem-solving.

2. Teamship:
Work in a team or group and reflect on and integrate their own participation.

3. Self-responsibility skills:

Demonstrate an ability for self-study, self-discipline, initiative, independent assessment and ability to write a dissertation or present a seminar.

4. Research skills:

Demonstrate their ability to plan and conduct advanced research, and be capable of giving a scientific account of and apply the knowledge in the area of cyberlaw that has been gained through literature study.

5. Communication skills:

Demonstrate their ability to communicate effectively, both orally and in writing, in the course of practicing law at an advanced level, and in the process of undertaking high-level research.

6. Technological and environmental literacy:

Demonstrate their ability to utilise science and technology effectively in the course of the study, research and writing required by the qualification.

7. Developing macrovision:

Demonstrate their ability to comprehend the interrelatedness of the cyberlaw with other filed and with society in general.

8. Learning skills:

Demonstrate their ability to independently and innovatively undertake high-level research and reflective studies.

9. Citizenship:

Show a greater awareness and knowledge of societal issues, in particular with regard to cyber rights issues, thereby enhancing their social responsibility as citizens.

10. Cultural and aesthetic understanding:

Demonstrate a well-developed sensitivity for cultural and aesthetic realities in society.

11. Employment seeking skills:

Access advanced employment opportunities, particularly in the areas of the law relating to cyberlaw.

12. Entrepreneurship:

Demonstrate the application of entrepreneurial skills in the practice of law at an advance level, and in the undertaking of high-level research of cyberlaw.

ASSOCIATED ASSESSMENT CRITERIA

Demonstrate, in written or oral form, an ability to identify, analyse and solve high-level cyber law legal problems.

Solve relevant cyber law legal problems by skilfully identifying, analysing and commenting on same.

2.

Display an awareness of and an ability to function effectively in a group.

Demonstrate the ability to participate effectively in debating solutions and approaches to particular legal problems.

3.

Undertake independent research and writing at an advanced level.

Analyse related cyberlaw legal problems and their solutions independently.

4.

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

Define a particular related topic, arrange the subject matter coherently, accurately and succinctly reflect, formulate and interpret scholarly opinion on the topic.

Identify particular problem areas and develop a clear line of argument by means of analysis and interpretation.

5.

Advise clients on the legal implications of and on solutions for particular cyberlaw problems and questions.

Write high-level research report in which cyberlaw problems are identified, analysed and discussed.

6.

Utilise written and electronic data in writing a report/assignment and the dissertation.

7.

Participate in a seminar on the implication of relevant legal information concerning cyberlaw for other related disciplines.

Report on a coherent approach towards problem solving and policy-making with regard to cyberlaw related issues.

8.

Undertake advanced research and write a dissertation on a cyberaw topic.

9.

Debate the impact on society in general, and on certain interest groups in particular, or related provisions and principles concerning cyberlaw.

10.

Display an awareness and sensitivity for societal realities.

11.

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

12.

Display an ability to develop and maintain a career in law.

Integrated assessment:

Because assessment practices must be open, transparent, fair, valid, reliable and ensure that no learner is disadvantaged in any way whatsoever, an integrated assessment approach is incorporated into the qualification. Both formative and summative assessment processes are accounted for to monitor progress during the programme and to determine competence at the end of the programme.

1. Formative (continuous) 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 particularly, in this qualification, formative assessment aims at the preparation of learners for writing an examination of each module and for writing a quality dissertation. Formative assessment is conducted by class discussions, seminars, assignments and the writing of the dissertation. Discussion of assignment and examination results and questions and other forms of feedback are an integral and critical part of assessment.

Regular meetings between the learners and their study leaders take place during which all aspects pertaining to the preparation for and drafting of the research dissertation are discussed. Study leaders assess learners continuously and, equally important, guide them through the process.

2. Summative (final) assessment practices

Integrated assessment, focusing on the achievement of the exit-level outcomes, will be done by means of:

Both in the examinations on each of the modules and in the dissertation, learners are assessed on their ability to integrate prior knowledge gained in preceding studies with a deeper, high-level knowledge of relevant topics dealt with in the course of the qualification, and of the research topic gained from the research into the topic and from the scholarly writing thereon. The purpose is to demonstrate a reflective and scholarly understanding of cyber law and the research topic. In conjunction with formative assessment, summative assessment determines whether the learner is awarded the qualification. In the summative assessment the four modular examinations and the final dissertation is submitted to and are examined of not less than two examiners. The qualification is obtained if the earner passes all four modular examinations and the dissertation.

As a further demonstration of the learner's ability in this regard, the learner may be required to submit an article based on the dissertation which may, at the discretion of the study leader, be submitted for publication in a law journal under the names of both the learner and the study leader.

3. Pass requirements that will be implemented

Learners must pass all four modular examinations and the dissertation.

Learners must achieve a minimum mark of 50% in all four modular examinations and the dissertation.

The dissertation requires 240 notional hours of research, preparation, presentation (orally or in writing) and follow-up
work and is therefore also awarded a credit value of 24 (each of the modules has a credit value of 24, please refer to Appendix B: Rules of combination and Additional information on modules).

Each one of the four modules as well as the dissertation carries a weight of 25% in calculating the final mark.

The qualification is awarded with distinction if a learner obtains a final mark of at least 75% on average for the four examinations and the dissertation.

INTERNATIONAL COMPARABILITY

N/A

ARTICULATION OPTIONS

Relationship to other qualifications

Access to the LLM degree in Cyberlaw on NQF level 8 can be gained through an LLB degree pegged on NQF level 7 or alternatively, a BA Law plus an LLB degree or a BCom Law plus an LLB degree, both options pegged on NQF level 7.

A learner can gain entry at the beginning of and for the purposes of any of the four modules, and may receive credit for any successfully completed module. It is, therefore, in principle possible for learners to enter the qualification in mid-stream. Any relevant accredited module successfully completed elsewhere may impact on the number of outstanding modules to be completed.

In the event of changing to the LLM degree by dissertation pegged on NQF level 8, course work modules completed successfully may serve to credit the learner with exemption from the requirement to do the oral examination for purposes of the LLM degree by dissertation.

Successful completion of this qualification will give the learner access to the LLD (doctoral) degree pegged on NQF level 8. Generally, this qualification enables learners to qualify for doctoral studies, nationally and internationally.

MODERATION OPTIONS

The following mechanisms are employed to ensure fair, reliable and valid assessment:

A panel of not less than two examiners appointed by the Dean of the Faculty of Law, one of which must be an external examiner who is regarded as a specialist in the field of study, examines each course-work module and the dissertation.

All requirements relating to examinations prescribed by the University and Faculty must be complied with.

The Faculty examination committee globally assesses the results and may moderate them.

Individual learners may lodge appeals in respect of the results with the Dean of the Faculty.

CRITERIA FOR THE REGISTRATION OF ASSESSORS

N/A

REREGISTRATION HISTORY

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

NOTES

LLM in Cyber Law

Envisaged learner enrolment for qualification:

Year 2004,Total number of new learners who are expected to join the programme each year: 5

Year 2005,Total number of new learners who are expected to join the programme each year: 7

Year 2006,Total number of new learners who are expected to join the programme each year: 10

Mode of instruction:

Residential mode - learners attend contact sessions on the RAU main campus, Aucklandpark.

Provide letters of approval from professional body:

As this is such a new field in the law, there is currently no professional body from whom a letter of approval can be obtained.

Viability of qualification

1. Expertise and experience of the university / faculty / department in the broad field of study

The Faculty of Law is a well established faculty and has been involved in training legal practitioners since the inception of the university in 1968. In its 36 years of existence more than 700 LLM's and LLD's dissertations have been completed. The Faculty is constantly reviewing its curricula and teaching programmes to adapt to the changing needs of society and the requirements of the business world.

2. Experience and expertise of institution in offering the qualification

At present, the Faculty of Law offers five programmes for Master of Law by course work at NQF level 8. Four programmes have been offered since 1989. Four programmes have been offered since 1989. From an administrative and infrastructure point of view, the University and Faculty have extensive expertise and experience in running post graduate course work programmes. Another four proposed Master of Law by course work will be introduced in the near future. This qualification will have the same structure as the other Master of Law by course work qualifications.

3.Post-graduate supervision procedures and support

Supervision, support and assessment of a learner's progress are provided for by means of use of the internet (RAU's web site and WebCT). The learners and the study leader will also have contact sessions by means of seminars and extensive class discussions of the course material and assignments, examination results, the format and extent of examinations and the drafting of and research for the dissertation.

4.Adequacy of the institutional infrastructure in meeting the desired outcomes of the qualification

The University and Faculty have a very able and efficient administrative infrastructure to deal with all administrative matters concerning the offering of the qualification. The University also has adequate physical infrastructure to meet the desired outcomes of the qualification in the form of a extensive library and well-equipped lecture halls, photocopy, computer, clean ablution and safe parking facilities, campus book shops, learner residencies for full-time learners and day care facilities for the rest and recreation by others.

5.Relevance of the qualification for regional and national requirements

The development of information and communication technology is rapidly changing and expanding on various aspects of the law. Computers and the internet have facilitated the establishment of a borderless, faceless, impersonal and paperless environments for communications and the electronic delivery of certain services. E-commerce, which can be defined as the use of electronic networks to exchange information, products, services and payments for commercial and communication purposes between businesses and consumer and business, changed the traditional ways of doing business.

The internet also provides an environment for abuse such as copyright and trademark infringement, unfair competition, trade secret misappropriation and defamation. Computers are used, for instance, as instrument in the administering of system support, medical treatment, transport control systems, banking and financial systems, communication systems and national security. As technology advances the risk of computers either becoming the instruments of crime or the targets thereof, increases and information security is therefore of vital importance. Computers are becoming particularly vulnerable to crimes that were never envisaged in the traditional criminal law.

6.Specify how the qualification fits the institution's mission and plan

The relevance of the qualification and its value to the learners and the community as explained in the previous paragraph, fits in with the mission statement of RAU which is as follows: By means of quality staff and learners who increasingly reflect our society, and through interaction with professionals and the business community, RAU strives to provide for the knowledge, research and community development needs of South African society. At a strategic planning session where all the stakeholders were represented, active support for controlled expansion in the number of qualifications offered was expressed ( RAU Three-year Rolling Plan, Number 2, 2000 - 2003:83).

The Faculty of Law strives to be a world-class provider of education, training and research in law. The introduction of the qualification fits in with these missions and plans.

The institution's mission and plan:

By means of quality staff and learners who increasingly reflect our society, and through interaction with professionals and the business community, RAU strives to provide for knowledge, research and community development needs of the South African society with regard to economists and related disciplines.

At a strategic planning session where all the stakeholders were represented, active support for controlled expansion in the number of qualifications offered, were expressed (RAU Three-year Rolling Plan, Number 2, 2000-2003:83).

LEARNING PROGRAMMES RECORDED AGAINST THIS QUALIFICATION:

When qualifications are replaced, some of their learning programmes are moved to being recorded against the replacement qualifications. If a learning programme appears to be missing from here, please check the replacement.

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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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