SAQA

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SOUTH AFRICAN QUALIFICATIONS AUTHORITY

REGISTERED QUALIFICATION THAT HAS PASSED THE END DATE:

Master of Law: Contracts

SAQA QUAL ID	QUALIFICATION TITLE
49859	Master of Law: Contracts
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		Justice 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
73990	Master of Laws in Law of Contracts	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 the following benefits:

Being equipped intellectually and obtaining an enhanced insight into the legal basis which informs, influences and circumscribes the interpretation and drafting of contracts.

Obtaining a high-level competence to master the legal dimensions of the interpretation and drafting of contracts.

Acquiring and developing advanced research and formulation skills which enable learners to apply the law and principles relating to the interpretation and drafting of contracts 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 the interpretation and drafting of contracts, 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 law of contract plays a fundamental part in the world of everyday commerce. The vast majority of obligations that occur in the commercial sphere are of a contractual nature. Contracts provide the ultimate source of regulation which enables business people to determine the various relationships in which they are involved. Bad drafting is a major source of interpretational difficulties and disputes that arise in the context of the law of contract, resulting in a severe strain being placed on the administration of justice and millions of Rands being spent on litigation and other dispute resolution procedures. This qualification will benefit society by providing high-level specialists who are able to make a substantial contribution towards the understanding of legal principles underlying the interpretation and drafting of contracts as well as providing quality advice concerning the interpretation and drafting of contracts as a result of the development of advanced competencies.

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING

Apart from the formal requirements related to the access to the qualification, learners who register for entry into the LLM degree in Human Rights on NQF level 8 should:

Have a specialized knowledge of law.

Be able to do complex, variable and highly specialised research across a major discipline.

Have the information processing, analysis and presentation as well as problem-solving skills required on exit level of NQF level 7.

Take complete responsibility for planning, resourcing and managing processes.

Be completely accountable for determining, achieving and evaluating personal and/or group output.

Recognition of prior learning:

Learners who do not meet the formal entry 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 be 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 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 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.

Access to the qualification

Access to the LLM degree in Contracts 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 B Com Law plus an LLB degree both options pegged on NQF level 7.

A learner can gain entry at the beginning of any of the four modules, and may receive credit for any successfully completed module.

Access to the qualification may also be gained through RPL, please refer to Recognition of prior learning.

RECOGNISE PREVIOUS LEARNING?

QUALIFICATION RULES

Minimum required credits at a specific level:

Level 8: 120 credits (of which the 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.

Learning components:

Fundamental modules: Specialist qualification; no fundamental modules are necessary.

Core modules: 120 (of which dissertation constitutes 24 credits).

Elective modules: Qualification has no elective modules.

Appendix B

Master of Law by course work (Contracts) - LLM in Contracts

Module/ subject: Jurisprudence of Interpretation and Drafting, Core: 24 credits on NQF level 8

Module/ subject: Interpretation of Contracts, Core: 24 credits on NQF level 8

Module/ subject: Law Relating to Drafting of Contracts, Core: 24 credits on NQF level 8

Module/ subject: Law and Language, Core: 24 credits on NQF level 8

Module/ subject: LLM MRE Dissertation, Core: 24 credits on NQF level 8

Total credits: Core: 120 credits on NQF level 8

EXIT LEVEL OUTCOMES

1. Problem-solving skills.

Identify, analyse, comment on and solve advanced contracts 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 contracts law 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 contracts law with other fields 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 drafting of contracts, 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 contracts.

12. Entrepreneurship.

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

ASSOCIATED ASSESSMENT CRITERIA

Demonstrate, in written or oral form, an ability to identify, analyse and solve high-level problems relating to the interpretation and drafting of contracts.

Solve relevant legal problems relating to the interpretation and drafting of contracts by skillfully identifying, analysing, and commenting thereon.

2.

Display an ability to function effectively in and lead a high level team.

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 legal problems relating to the interpretation and drafting of contracts 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 problems and questions relating to the interpretation and drafting of contracts.

Write a high-level research report in which problems relating to the interpretation and drafting of contracts 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 implications of relevant legal information concerning the interpretation and drafting of contracts.

Report on a coherent approach towards problem-solving and policy-making relating to the interpretation and drafting of contracts.

8.

Undertake advanced research and write a dissertation on a law topic relating to the interpretation and drafting of contracts.

9.

Debate the impact on society in general, and on certain interest groups in particular, of related legal provisions and principles relating to the interpretation and drafting of contracts.

10.

Reveal an ability to distill moral and cultural values underlying related realities in society relating to the interpretation and drafting of contracts.

11.

Display an 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:

Assessment seeks to:

Assess learner performance in order to determine whether learners comply with assessment criteria.

Encourage and guide the improvement of learner performance.

Assessment is therefore based on the principle of continuous and regular assessment and complete and prompt feedback. 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.

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 or the 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 contracts 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 by not less than two examiners. The qualification is obtained if the learner 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 name of the learner or the names of both the learner and the study leader.

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 at the end of each module and in the minor 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 the interpretation and drafting of contracts 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 are submitted to and are examined by not less than two examiners. The qualification is obtained if the learner passes all four modular examinations as well as the dissertation.

INTERNATIONAL COMPARABILITY

We are not aware of a comparable programme in the international arena. These programmes tend to focus on specialized areas in contract law, but do not address all the areas of contracts in one programme as does the programme developed by RAU. No comparason could be made.

ARTICULATION OPTIONS

Learners may exit the course in mid-stream by changing to the LLM degree by dissertation pegged on NQF level 8. In the event of changing to the LLM degree by dissertation, 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. In general, this qualification should enable learners to qualify for doctoral studies, nationally and internationally.

MODERATION OPTIONS

Moderation options including:

Recommendation of a moderating body or bodies (internal and external):

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

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

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

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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