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:

Master of Laws

SAQA QUAL ID	QUALIFICATION TITLE
6019	Master of Laws
ORIGINATOR
University of South Africa
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY			NQF SUB-FRAMEWORK
CHE - Council on Higher Education			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	144	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 06120/18	2018-07-01	2018-12-31
LAST DATE FOR ENROLMENT		LAST DATE FOR ACHIEVEMENT
2019-12-31		2022-12-31

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

This qualification includes the various specialisations in Laws. Please refer to "Notes" for details on the specialisations.

The primary purpose of the qualification is to provide LLM graduates with the knowledge, specific skills and applied competence in a number of legal fields to ensure opportunities for continued personal intellectual growth, gainful economic activity and valuable contributions to society.

A second purpose of the qualification is to provide South Africa and the global community with postgraduate lawyers in a number of learning fields to ensure that the leadership base of innovative and knowledge-based economic and scholarly activity is widened.

A third purpose of the qualification is to provide South Africa and the global community with postgraduate lawyers who understand the constructive role they need to play as intellectual leaders in their society, and who are empowered and equipped with the required research and analytical skills to play a key role in the continued shaping of the legal dispensation in a just society based on constitutional democracy within a world legal order.

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING

Learners who register for this qualification can:

learn from predominantly written material.

take responsibility for their own progress.

communicate what they have learnt coherently and logically in the medium of instruction.

independently conduct expert and highly specialized research across a major discipline in the legal field and on an interdisciplinary level.

Recognition of prior learning:

This qualification recognises:
*Formal prior learning:
Students are expected to hold a LLB degree, or to hold a BProc degree and to have either successfully completed the attorney's admission examinations, or four approved LLB modules.

RECOGNISE PREVIOUS LEARNING?

QUALIFICATION RULES

A Master's degree which comprises a dissertation only cannot be awarded in part through RPL. A Master's degree which contains course work could be awarded in part through RPL. The university is investigating an RPL policy which will be debated by Faculties and Senate.

EXIT LEVEL OUTCOMES

Critical Cross-field Outcomes:

1 The LLM graduate can identify, analyse, formulate and solve convergent and divergent complex and highly specialised legal problems critically, creatively and responsibly.

2 The LLM graduate can work effectively with others as a member of a team, group, organization or community to contribute to the sound administration of justice, the development of the law and legal system to meet the needs of society, and to further a just society based on a constitutional democracy.

3 The LLM graduate can manage and organize her or his activities and life responsibly and effectively, including her or his studies and career.

4 The LLM graduate can collect, analyse, organize and critically evaluate information.

5 The LLM graduate can communicate effectively using language skills in the modes of oral and/or written presentation in sustained discourse.

6 The LLM graduate can use technology effectively and critically, showing responsibility towards the environment and health and well-being of others, in community, national and global contexts.

7 The LLM graduate can demonstrate an understanding of the world as a set of related systems by recognizing that problem-solving contexts do not exist in isolation, and by acknowledging their responsibilities to those in the local and broader community.

Developmental Outcomes

1 The LLM graduate can reflect on and explore a variety of strategies to acquire knowledge more effectively (see Critical Outcomes 3 and 5 above)

2 The LLM graduate can participate as a responsible citizen in the life of local, national and global communities (also see Critical Outcome 2 above).

3 The LLM graduate can be culturally and aesthetically sensitive across a range of social contexts (see Critical Outcomes 2 and 7).

4 The LLM graduate can explore education and career opportunities by drawing on the various knowledge, skills and attitudes acquired in the accomplishment of this qualification (see all Critical Outcomes above).

5 The LLM graduate can develop entrepreneurial opportunities by drawing on the knowledge, skills and attitudes acquired in the accomplishment of this qualification (see all Critical Outcomes, plus 4 above).

Specific outcomes:

1 The LLM graduate can recognize the role of the law in everyday life.

2 The LLM graduate can think critically, logically and analytically within a contextual framework.

3 The LLM graduate can solve complex multi-dimensional legal problems originally and creatively.

4 The LLM graduate can engage critically and analytically with legal text.

5 The LLM graduate has the advanced academic knowledge and skills to play a leading role in legal practice and in the shaping of the legal dispensation.

6 The LLM graduate can advance legal scholarship in regional and global context.

7 The LLM graduate can act responsibly and authoratively in his or her chosen career.

8 The LLM graduate can play a leading role in contributing to the realization of a just society based on a legal democracy.

ASSOCIATED ASSESSMENT CRITERIA

Assessment Criteria associated with Critical Cross-field Outcomes:

1. Relate highly complex everyday situations to the law.
* identify complex legal problems in real-life or simulated factual situations.
* analyse the nature of different complex and highly specialized legal problems.
* recognize, appreciate and evaluate different perspectives to the same problem.
* gather relevant South African and comparative legal sources which may aid in solving a given problem.
* engage critically and analytically with legal materials in order to make a responsible selection of potentially relevant material with due regard to the weighting of different authorities.
* present and evaluate different perspectives on the same legal problem.
* use their sophisticated knowledge base to critically evaluate different options in solving a legal problem.
* present authoritative substantiated argument, based on the responsible and extensive use of legal authority, in support of solutions to a given problem.
* use their advanced knowledge and skills creatively to offer suggestions for solving new problems at a community, national, international and global level.
* solve legal problems in South Africa creatively by responsible comparison to and critical evaluation of solutions in other legal systems, as well as global trends.

2. Show evidence of their understanding that the law has to balance different powers, legal systems and competing interests of individuals and groups in society.
* acknowledge, demonstrate and promote tolerance of diversity within their community, South Africa and globally.
* respect and investigate different opinions without pre-conceived bias.
* demonstrate their understanding of the different role players in the legal process.
* realize their responsibility to take part in legal development on local, provincial, national and international level.
* provide scholarly leadership within their community.

3. Demonstrate the requisite advanced study skills and learning strategies.
* organize and manage their study plans.
* use creative and various learning strategies which suit their personal situations and contexts.
* cope with the self?discipline necessary for distance learning.
* draw common principles from and reconcile different branches of the law.
* assess their own strengths and weaknesses and develop coping strategies.

4. Demonstrate advanced research skills and the capacity for advanced independent study.
* find relevant source material in the library, on the internet, etc.
* use the library and other resources effectively to suit their individual needs.
* use library and other resources effectively to suit the needs of the particular area of research.
* analyse and critically evaluate all relevant information to select specifically applicable material for a specific legal issue.
* organize relevant material with due regard to the weighting of different sources of law.
* act responsibly and ethically as an advanced researcher and a scholar, e.g. appropriate acknowledgement of sources, referencing, avoiding plagiarism, etc.
* follow the conventions of scholarship in their discipline.
* present substantiated arguments, opinions and solutions, based on their research.
* follow academic conventions regarding acknowledgement of sources and referencing.

5. Advance arguments and analyses by means of sophisticated language.
* where appropriate analyse and interpret statistics.
* communicate their interpretation of legal sources in their own words.
* demonstrate their ability to interpret and draft legal documents.
* follow the language conventions of written and/or oral use in the discipline of law.

6. Select the appropriate technology (computers, internet, etc.) for learning, research and communication.
* use available technology responsibly and skilfully to enhance learning and scholarship.
* recognise the ethics and legal issues involved in the use of technology.
* identify legal issues pertaining to the use of e.g. the internet and deal effectively with those.
* stay abreast of legal developments in regard to technology.

7. Show in-depth understanding of the legal systems of the world for purposes of comparative research and problem?solving.
* place the South African legal system(s) in context within Africa and the rest of the world.
* identify similar situations in comparable legal systems and seek harmonizing solutions.
* appreciate and tolerate cultural and religious diversity as manifested in different legal orders.
* realise South Africa's contribution to a just world legal order.
* understand South Africa's role in international law, including regional and international conventions and initiatives.
* explain the significance of international law, including regional and international conventions and other instruments for the South African community.

Assessment Criteria associated with Developmental Outcomes:

1. Succinctly explain what they know in their own words.
* use advanced help-seeking strategies to further their own learning and that of others.
* apply what they study in different complex contexts, both real and simulated.
* display self-awareness of learning preferences and strategies to suit their needs.
* show evidence of effective study skills (e.g. note-taking, summarizing, analysis and synthesis).
* demonstrate the capacity for advanced independent research.

2. Apply the fundamental constitutional values of equality, liberty, freedom, respect for others, etc. within their community.
* identify, interpret and accommodate cultural, religious and other types of diversity within a given context with a view to solving real or potential problems of conflict.
* seek just and harmonizing solutions to solve conflicts within local, national and global communities.
* provide the relevant authoritative and persuasive sources and materials for responsible decision?making.
* consider different points of view and take responsible decisions on the grounds of their acquired knowledge base and lawyering skills.
* educate the community to understand the basic values underlying constitutional democracy.
* assume leadership and lead responsibly in matters relating to law in their community.
* advance legal scholarship in areas of the law where there is a need for legal development and/or reform within their community, regionally and globally.
* realize their responsibility to engender respect for the law within their community.
* strictly adhere to the ethics of the legal profession.
* contribute to the realization and shaping of a just and democratic society based on constitutional values.

3. Show awareness of cultural diversity and interpret this within the constitutional framework.
* create mechanisms for conflict resolution across social divides.
* recognise unique cultural constructs and accord these their rightful place within the law.
* recognise, appreciate and protect creations of the human mind as well as aspects of the human personality.

4. Illustrate the relationship between the knowledge, skills and attitudes acquired in studying towards the LLM and those of the community at large (locally, regionally and globally).
* make connections between theoretical knowledge and practical application in the real world.
* identify areas for legal education within their communities, locally and regionally.
* identify the lawyering skills which are highly valued in the workplace and other sectors of society.
* use the skills required for efficiency in most jobs: objective, critical and analytical evaluation of situations; respect for and interpretation of other opinions; responsible, substantiated and fair decision?making; effective communication skills and interpersonal sensitivity.
* deal effectively with problems and tasks as they arise in the real world by drawing upon the skills from the LLM (critical thinking, problem-solving, conflict resolution, etc).
* demonstrate their sense of and commitment to legal ethics.
* use their acquired knowledge base, skills and attitudes to enter the legal profession.

5. Identify and address the need for legal services within their community.
* identify the need for basic legal education within society and play a leading role training people to do it.
* have a realistic view of their own worth and value to contribute to their local community, regional and global society.
* communicate that value to others in the real world.
* demonstrate a healthy self?esteem and confidence in their knowledge, skills and attitudes as required to complete the LLM qualification.
* deal with various complex situations drawing upon their acquired knowledge base and lawyering skills.
* demonstrate that they have the academic knowledge to manage a legal office effectively.

Assessment Criteria associated with Specific outcomes:

1. Identify complex legal issues in real or simulated fact scenarios.
* interpret and analyse daily occurrences within a legal framework.
* play a leading role in developing the law within a regional and global context to cope with modern-day challenges and problems.

2. Interpret, analyse and explain complex legal problems within different contexts.
* provide an unbiased and balanced perspective on legal problems.
* consider different points of view and critically evaluate them in terms of their acquired knowledge base and advanced lawyering skills.

3. Find the relevant sources and authorities to solve advanced legal problems.
* analyse and critically evaluate the relevance and applicability of various legal sources and authorities to complex legal problems.
* select the most appropriate and authorative legal materials to solve legal problems.
* consider and critically evaluate different solutions to a problem and contemplate the consequences of each solution for future legal development.
* provide substantiated responses, based on their acquired advanced knowledge base.
* provide responsible and expert advice on an appropriate course of action.

4. Critically interpret legal text within a contextual framework.
* reflect on views expressed in text and critically evaluate and debate these.
* skilfully use sophisticated legal text to substantiate arguments and support solutions.

5. Draft and interpret complex legal documents.
* provide expert opinions on complicated legal issues.
* represent parties in complicated legal proceedings.
* demonstrate the required advanced academic knowledge to play a leading role as an academic or in managing a legal office, and in shaping the legal dispensation.
* use technology skilfully, responsibly, effectively and appropriately.

6. Reflect on and critically evaluate legal theory and practice.
* recognise areas in need of legal development or law reform.
* apply historical and/or comparative methods to develop answers to current issues and complex problems.
* interpret the legal implications of South African conditions in both regional and global perspectives.

7. Realize, and act in accordance with, the ethics and code of conduct required of a lawyer.
* understand his or her responsibility as a leading lawyer in a constitutional democracy and act accordingly.

8. Use his or her acquired advanced skills and knowledge to advance legal awareness within the community.
* reflect on complex problems in society and seek and consider responsible solutions.
* interpret and apply the underlying constitutional values to diverse problems in society.
* show advanced awareness and tolerance of diversity and seek harmonizing solutions.
* deal with conflicting interests within a community, locally, regionally as well as globally.
* harmonize conflicting interests arising from horizontal and vertical relationships (for example state/state, state/individual, individual/individual).

Integrated assessment for the purpose of the qualification:

1. Formative assessment: Learning and assessment are integrated. Formative assessment is a continuous and personal process of interaction between the lecturer and the student when the means of assessment is dissertation only. For tutored Master's degrees, the formative assessment includes assignments based on the learning material and students are given feedback. The process is continuous and focuses on smaller sections of the work and limited numbers of outcomes.

2. Summative assessment: For a tutored Master's degree, learners will write examinations and may elect to produce a dissertation of limited scope. Equivalent assessment such as a portfolio of evidence could assess a representative selection of the outcomes practised and assessed in the formative stage. Summative assessment also tests the learner's ability to manage and integrate a large body of knowledge to achieve the stated outcomes of a module. It also assesses the advanced research skills that the learner has acquired. Students who do a dissertation only will be evaluated on an oral examination in a major subject and two ancillary subjects and on the dissertation.

3. Integrated assessment: All assessment will integrate knowledge, skills and attitudes and applied competence.

INTERNATIONAL COMPARABILITY

International comparators:
Unisa is part of an internationally recognised accreditation system whereby university qualifications are valuated against international comparators and accredited accordingly; for example, Unisa's qualifications are accredited in the International Handbook of Universities and the Commonwealth Universities' Handbook.

ARTICULATION OPTIONS

1. The qualification will articulate with those of other universities and other qualifications. For example, recognition will be given to similar modules completed at other tertiary institutions.

2. Upon completion of the LLM, students have the option of further study. They may proceed to postgraduate study at doctoral level, i.e. the degree of Doctor of Laws.

MODERATION OPTIONS

Within Unisa, first examiners set and assess assignments and examinations. In the case of assignments, the quality is checked by course co-ordinators or team leaders and by the head of department. In the case of written examinations, a system of external second examiners is used to moderate question papers, the marking process and marked scripts. External examiners also assist in taking oral examinations. In the case of dissertations, a system of external second examiners is also used. At least one such external examiner is appointed as examiner in addition to any internal supervisors and examiners appointed. Such second examiners are senior academics at other universities or specialists in the appropriate field.

The external second examiners also act as moderators of the examination papers where appropriate.

Members of the legal profession (e.g. the Law Society), as well as the Department of Justice (Director of Justice College), are permanent members of the Faculty Board of the Law Faculty and give their input regarding the curriculum. Members of the profession are also used as external examiners and moderators.

CRITERIA FOR THE REGISTRATION OF ASSESSORS

Our own staff will be used as assessors in a manner that fits into the quality management system of Unisa and accords with the University's tuition and assessment policies. This will also apply to the appointment of outside persons. A system of workplace assessment might be initiated for some learning programmes leading to the LLM. Appropriate professional criteria will be drawn up for each programme. The minimum requirement for appointment as a lecturer or external marker at Unisa is an LLB degree and appropriate experience, but for supervision at LLM level the lecturer will be required to possess at least some further qualification or experience. All assessment done by external markers is quality-controlled by internal staff.

REREGISTRATION HISTORY

As per the SAQA Board decision/s at that time, this qualification was Reregistered in 2006; 2009; 2012; 2015.

NOTES

This qualification includes the following specialisations:

Master of Laws in Human Rights Law

Master of Laws in International Economic Law

Master of Laws in Intellectual Property Law

Master of Laws in Tax Law

Master of Laws in Banking Law

Master of Laws in Commercial Law

Master of Laws in Corporate Law

Master of Laws in Criminal Law and Criminal Procedure

Master of Laws in Information Technology Law

Master of Laws in Insurance Law

Master of Laws in Labour Law

Master of Laws in Private Law

Master of Laws in Property Law

Master of Laws in Family Law

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 South Africa