SAQA

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SOUTH AFRICAN QUALIFICATIONS AUTHORITY

REGISTERED QUALIFICATION:

Master of Law

SAQA QUAL ID	QUALIFICATION TITLE
7359	Master of Law
ORIGINATOR
Stellenbosch 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
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	180	Level 8 and above	NQF Level 09	Regular-Provider-ELOAC
REGISTRATION STATUS		SAQA DECISION NUMBER	REGISTRATION START DATE	REGISTRATION END DATE
Registered		EXCO 0733/25	2024-06-30	2027-06-30
LAST DATE FOR ENROLMENT		LAST DATE FOR ACHIEVEMENT
2028-06-30		2031-06-30

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

Purpose:
The purpose of the Master of Laws in Mercantile Law is to cultivate highly specialised legal scholars and practitioners by providing rigorous intellectual preparation and guidance for conducting in-depth, original research within Mercantile Law. This qualification aims to advance legal knowledge and understanding in a rapidly evolving commercial landscape, enabling qualifying learners to make significant scholarly contributions and enhance their expertise to excel as leading legal academics, policymakers, or expert practitioners.

This qualification is an advanced postgraduate academic qualification in Law, primarily focused on full research and scholarship. It is specifically intended to cultivate highly specialised legal scholars and practitioners capable of making original contributions to the understanding and development of mercantile Law. The qualification's primary aim is to provide learners with rigorous intellectual preparation and guidance for conducting in-depth research within this specialised area of Law, typically building upon foundational knowledge acquired during an LLB qualification. It is designed to cultivate independent legal scholars capable of advancing legal knowledge and understanding in a rapidly evolving commercial landscape, influenced by globalisation, digital transformation, and complex regulatory frameworks. While fundamentally academic, the qualification also significantly enhances qualifying learners' expertise and capacity to contribute meaningfully to various professional legal contexts, empowering them to excel as leading legal academics, policymakers, or expert practitioners who can rigorously examine and influence commercial legal principles, thereby fostering a robust and adaptable legal infrastructure essential for a dynamic economy.

Upon completion of the qualification, qualifying learners will be able to:

Demonstrate a broadened and deepened knowledge and insight into their chosen field of legal speciali-sation within mercantile Law, based on advanced theoretical and jurisprudential principles.

Have significantly developed their research, analytical, and writing skills to an advanced level, enabling them to independently design, conduct, and critically evaluate high-level and original legal research on complex mercantile law topics, utilising sophisticated methodologies and diverse legal and interdisciplinary sources.

Possess high-level knowledge in their specific area of study, demonstrating a sophisticated understand-ing of complex legal issues and theoretical frameworks within mercantile Law.

Be able to analyse, interpret, and critically apply advanced mercantile law principles to novel and com-plex legal problems, offering innovative and legally sound solutions.

Produce a substantial piece of scholarly work (e.g., a dissertation) that makes a meaningful contribution to legal scholarship and meets international academic standards, effectively communicating complex legal arguments coherently and persuasively.

Understand the social, economic, ethical, and policy implications of mercantile law developments, and be able to engage critically with prevailing legal debates and reforms.

Be prepared for continued and lifelong intellectual growth, equipped explicitly for doctoral studies and leadership roles in legal academia or highly specialised commercial practice.

The qualifying learner will be able to demonstrate the following attributes:

Enquiring Learner: The qualification's core focus on research cultivates curious qualifying learners and independent thinkers, capable of in-depth inquiry and creating new legal knowledge within mercantile Law. They will creatively use a variety of knowledge systems and interdisciplinary approaches, articulating their original research with academic integrity, and demonstrating individual discipline and responsibility in confronting increasingly complex legal problems and contributing to scholarly debate.

Dynamic Professional: By developing advanced analytical and problem-solving skills through rigorous research, qualifying learners are prepared to be proactive and adaptable in complex legal environments. They will apply advanced research skills to identify emerging challenges in mercantile Law and find the best, most ethical, and innovative answers, shaping legal practice and policy.

Engaged Citizen: Qualifying learners will be equipped to contribute to just and equitable legal frameworks through their research and understanding of Mercantile Law's impact on society. They will demonstrate a commitment to social justice and equity within the commercial sphere, critically analysing how mercantile Law impacts society and proposing solutions that promote fairness and responsibility in economic activities.

Caring Individuals: Qualifying learners will be aware of their responsibility for the well-being of society, impacted by commercial activities. They will act in their professional and academic lives by taking care to propose ethical and accountable legal solutions, understanding the seriously harmful consequences of unethical decisions in commercial contexts.

Digital Knowers: Qualifying learners will be digitally knowledgeable and agile, functioning competently, critically, and ethically in the context of digital transformation impacting mercantile Law (e.g., e-commerce, blockchain, data law). They will leverage digital tools for advanced legal research and be aware of the ethical implications of technology in commercial legal environments.

Rationale:
The qualification is primarily full research Master's degree addressing a critical need for advanced legal scholarship and specialised expertise in the rapidly evolving and increasingly complex field of mercantile Law, both nationally and internationally. The globalised economy, digital transformation, and intricate regulatory landscapes demand legal professionals and academics who can not only understand but also contribute to the development of commercial legal principles.

There is a continuous demand for in-depth analysis of emerging issues in areas such as corporate governance, financial regulation, intellectual property, international trade, labour law, competition law, and commercial dispute resolution. This qualification is designed to foster high-level independent research, producing original contributions to legal knowledge that can inform policy, shape judicial interpretation, and guide commercial practice. The need also stems from a desire to cultivate a new generation of legal scholars and highly specialised practitioners capable of tackling the nuanced legal challenges inherent in modern commerce.

This qualification directly meets the sector's needs by developing highly specialised legal researchers and thinkers who can contribute significantly to the academic discourse and practical application of mercantile Law. As a full research Master's, it provides a unique platform for learners to delve deeply into specific areas of mercantile Law, generating new insights and offering solutions to contemporary commercial legal problems. This contributes to the intellectual capital of the legal profession, enhancing the quality of legal advice, policy development, and judicial reasoning in commercial matters. The qualification supports the sector by providing experts capable of navigating complex commercial transactions, understanding regulatory implications, and addressing emerging legal issues in a sophisticated and evidence-based manner, thereby strengthening the legal infrastructure underpinning economic activity.

The establishment of the Master of Laws qualification, particularly as a research-focused degree, is typically driven by the recognised evolution and increasing specialisation within the legal profession and academic community. The demand for such a qualification is implicitly understood through the complexities of modern commerce and feedback from leading law firms, corporate legal departments, financial institutions, and regulatory bodies that require advanced, research-informed expertise. Universities regularly engage with legal professional bodies (e.g., Legal Practice Council in South Africa, Bar Councils) and industry leaders to ensure that postgraduate qualifications remain relevant and address the evolving needs for specialised legal knowledge and research capabilities. This qualification responds to the need for advanced theoretical and practical insights required to operate effectively in the cutting-edge areas of commercial legal practice and academia.

The typical learners for the LLM (Mercantile Law) are academically strong individuals who possess a foundational legal degree (e.g., LLB) and have a keen interest in advanced legal research and specialisation within commercial Law. This may include aspiring legal academics, existing legal practitioners (such as attorneys, advocates, and corporate counsel) seeking to deepen their expertise, legal advisors in financial institutions or large corporations, public servants in regulatory bodies, or individuals intending to pursue doctoral studies in commercial Law.

Upon completion, qualifying learners will operate primarily in:

Academia: Researchers, lecturers, or scholars at universities and research institutions contribute to legal theory and education.

Specialised Legal Practice: As highly specialised legal practitioners, the institution provides expert advice, litigation support, or transactional guidance in complex commercial matters.

Corporate and Financial Sectors: In senior legal or compliance roles within multinational corporations, banks, and other financial institutions.

Government and Regulatory Bodies: In policy development, legislative drafting, or enforcement roles related to commercial regulation.

The qualification typically serves as the primary postgraduate learning pathway for learners wishing to specialise in commercial Law after completing an undergraduate law degree (such as an LLB at NQF Level 8). As a full research Master's, it provides an intensive grounding in independent scholarly inquiry, critical analysis, and original legal writing. It is an ideal stepping stone for those intending to pursue further advanced academic studies, specifically a Doctorate (NQF Level 10), or for practitioners who seek to enhance their analytical and research skills for high-level contributions in their professional field.

The qualification benefits the learner, society, and the economy:

Benefit to the learner: Provides learners with unparalleled opportunities to conduct in-depth, independent research, fostering critical analytical skills and a comprehensive understanding of specific areas within mercantile Law. This specialisation significantly enhances their intellectual growth, academic credentials, and career prospects in highly specialised legal and academic roles.

Benefit to society: Contributes to the development of a robust and intellectually vibrant legal system by producing scholars who can critically examine and propose solutions to complex commercial legal challenges. The research output can inform public policy, improve corporate governance, enhance consumer protection, and foster a more just and predictable commercial environment.

Benefit to the economy: Supports economic growth and stability by supplying highly skilled legal professionals and academics capable of navigating the intricacies of modern commerce. Their expertise facilitates complex legal transactions, ensures regulatory compliance, mitigates commercial risks, and drives innovation within legal frameworks, thereby fostering a conducive environment for business and investment.

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING

Recognition of Prior Learning (RPL):
As per national guidelines and the institution's Regulation for Recognition of Prior Learning (RPL) and Credit Accumulation and Transfer (CAT), no more than 10% of a cohort will be accepted into the qualification via RPL.

RPL for access: an applicant does not meet the minimum admission criteria but has completed non-formal or informal learning, such as workplace experience, that can be deemed equivalent to some of the academic requirements.

RPL for exemption: an applicant has completed non-formal or informal learning (such as a combination of short courses) that is deemed equivalent to a module or module(s) in the qualification and is therefore granted exemption from these modules.

As the qualification consists only of a full research thesis, RPL for exemption cannot be considered. However, RPL for access can be considered. The Faculty has a detailed policy outlining this process. Applicants can contact the Faculty directly to confirm the procedures to be followed by the Faculty according to the faculty-specific guidelines. Each application will be considered on its own merit.

Entry Requirements:
The minimum entry requirement for this qualification is:

Bachelor of Laws, NQF Level 8.

RECOGNISE PREVIOUS LEARNING?

QUALIFICATION RULES

This qualification consists of the following compulsory modules at National Qualifications Framework Level 9, totalling 180 Credits.

Compulsory Modules, NQF Level 9, 180 Credits.

Full Research thesis, NQF level 9, 180 Credits.

EXIT LEVEL OUTCOMES

1. Independently identify, analyse, and solve complex legal problems within Mercantile Law, demonstrating critical and creative thinking, and synthesising advanced knowledge and insights to formulate original and defensible arguments.
2. Independently and proficiently locate, analyse, organise, and critically evaluate diverse sources of information, including legal, theoretical, and empirical data, to support in-depth legal research in the field of Mercantile Law.
3. Communicate complex legal concepts, arguments, and research findings in the field of Mercantile Law clearly, concisely, and persuasively through advanced written argumentation, adhering to scholarly conventions and demonstrating high levels of academic rigour.
4. Independently pursue intellectual and personal development through advanced legal research, demonstrating self-direction, critical self-reflection, and the ability to contribute to the social and economic development of the community through their scholarly work.

ASSOCIATED ASSESSMENT CRITERIA

Associated Assessment Criteria for Exit Level Outcome 1:

Identify and define a complex legal problem, providing a clear, well-reasoned, and evidence-based justification of its significance and relevance within the chosen field of specialisation within Mercantile Law.

Analyse legal issues, applying advanced theoretical frameworks appropriately and demonstrating creative thinking to formulate original and defensible arguments.

Synthesise advanced legal knowledge and insights to propose innovative solutions or interpretations, clearly articulating their contribution to the field within Mercantile Law.

Associated Assessment Criteria for Exit Level Outcome 2:

Locate, evaluate, and select relevant information sources using appropriate research methodologies, including primary and secondary legal materials, scholarly articles, and empirical data.

Analyse and evaluate information sources' validity, reliability, and relevance, identifying biases, limitations, and inconsistencies.

Organise and synthesise information from diverse sources to construct a coherent and well-supported argument or analysis.

Associated Assessment Criteria for Exit Level Outcome 3:

Communicate complex legal concepts and arguments accurately and concisely, using appropriate legal terminology and writing style for an academic audience.

Construct logically coherent and persuasive written arguments, effectively supporting claims with evidence and addressing counterarguments.

Consistent and accurate application of scholarly conventions, including precise citation, referencing, and formatting, demonstrating a high level of academic integrity.

Associated Assessment Criteria for Exit Level Outcome 4:

Plan, manage, and execute a substantial research project, demonstrating self-direction, initiative, and effective time management.

Synthesise and reflect on their own individual learning and research process, accurately identifying strengths and weaknesses and demonstrating a commitment to continuous improvement.

Articulate clearly the potential contribution of their research to the social and economic development of the community, appropriately considering ethical and policy implications.

Integrated Assessment
The assessment strategy of this program aligns with the institution's Assessment Policy through the careful design of an assessment strategy that implements a flexible framework to deliver robust assessments and effectively promote learners' learning, as well as evaluate learners' achievements for certification. It further aims to support the achievement of the institution's qualifying learner attributes by purposefully embedding them in curricula, learning, teaching and assessment activities.

Formative Assessment:
As this is a complete research master's requiring the submission of a full thesis, each learner will sign an MoU with his/her supervisor to formalise the individual supervisory support provided. Through this agreement, timelines will be identified for submission of various phases of the thesis to allow the supervisor to provide in-depth and constructive feedback to support the learner during the research journey and identify potential areas for support. Individualised support and built-in timelines for submissions of phase forms part of the formative assessment opportunities.

Summative Assessment:
The final research thesis will be evaluated for summative purposes. An internal and external examiner will examine the thesis.

INTERNATIONAL COMPARABILITY

This qualification is comparable to the following international qualifications:

Country: Australia
Institution name: University of New South Wales
Qualification title: Master of Laws by Research (LLM (Res)

Purpose
The qualification aims to equip learners with the necessary research skills required to transition into areas such as academia, the legal profession, or policy development.

Country: United Kingdom
Institution name: Warwick University
Qualification title: LLM by Research
Duration: One year (full-time) or two years (part-time).

Similarities:

All three qualifications require learners to write a thesis, for which they must obtain a grade of 50% or higher for the degree to be awarded.

These qualifications furthermore require learners to work closely with supervisors on campus.

For all the qualifications, learners are required to identify a research topic or question related to Law.

Differences:

There is a slight differentiation in the upper word limit of the thesis.

The qualifications for the other institutions allow for more general research in any field of Law, whereas the SA qualification requires learners to select a research topic in the field of Mercantile Law specifically.

ARTICULATION OPTIONS

This qualification allows possibilities for both vertical and horizontal articulation.

Horizontal Articulation:

Master of Laws in Private Law, NQF Level 9.

Master of Laws in Public Law, NQF Level 9.

Master of Laws, NQF Level 9.

Vertical Articulation:

Doctor of Laws, NQF Level 10.

Diagonal Articulation:
There is no diagonal articulation options for this qualification.

MODERATION OPTIONS

N/A.

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; 2009; 2012; 2015.

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.	Stellenbosch University