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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: |
| Doctor of Laws |
| SAQA QUAL ID | QUALIFICATION TITLE | |||
| 7365 | Doctor of Laws | |||
| 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 | ||
| 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 | |
| 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 Doctoral degree in Mercantile Law is to develop the highest level of holistic and systematic understanding of scholarship in, and stewardship of, the field of Mercantile Law through an original contribution that advances the frontiers of knowledge. In relevant cases, the contribution may, in so doing, advance the frontiers of professional practice and/or creative activity. The qualification requires learners to demonstrate mastery and development of appropriate research methods and skills, as well as the pursuit of knowledge that characterises the Mercantile Law, professional, and interdisciplinary discourse. This level of study aims to demonstrate the ability to engage independently in an extended course of research, showing thematic and conceptual coherence within the field of Mercantile Law. Such mastery and ability need to be embedded within an appropriate scholarly disposition, and the threshold attributes to be demonstrated within this context. The qualifying learner should represent the field of Mercantile Law with critical and ethical integrity, assume a role as its custodian and steward, evince a scholarly curiosity, and be able, where relevant, to collaborate with peers from diverse academic backgrounds without compromising independent critical thinking. Learners can adapt to changing and varying contexts and serve as agents of intellectual advancement. This is associated with an ability to engage with and lead thinking with local, national, regional and international research and/or professional legal communities and, where relevant, to seek benefit arising out of the research for any community or social group that was the subject of or participated in the research. In manifesting this scholarly disposition, the qualifying learner exhibits intellectual autonomy, originality, authority, accountability, scholarly integrity, and ethical respect for and application of the relevant academic and/or professional codes of research and practice. The qualification typically culminates in the submission and defence of a substantial written thesis. However, alternative formats such as a portfolio of publications, creative works, or a combination of these may be acceptable in certain disciplines. This qualification aims to cultivate highly skilled legal scholars. Enhancing learners' research, analytical, and writing abilities at an advanced level equips them with the necessary tools for independent and in-depth research within their chosen area of Law. This specialised knowledge is further deepened through a focus on comparative legal studies, encouraging learners to analyse South African Law within an international context. This approach not only fosters a nuanced understanding of legal principles but also enables learners to contribute to legal reform by proposing and analysing solutions that can promote global harmonisation and the development of South African Law. Ultimately, the program aims to produce legal experts of international stature, capable of conducting groundbreaking research, contributing to the advancement of legal education, and shaping the future of the legal profession. The qualifying learner will demonstrate the following key attributes: Advanced communication skills, which include the ability to convey relevant information and utilise digital literacy, are developed through the requirement for a substantial written thesis and the capacity to disseminate research findings effectively to diverse audiences. The qualification cultivates critical and analytical thinking for problem-solving by equipping learners to identify, analyse, and propose solutions for complex legal and societal issues. Rationale: The need for a Doctor of Laws in Mercantile Law is multifaceted, addressing both indirect and direct contributions to South Africa's development and the advancement of legal scholarship: The doctoral law qualification meets a range of sector needs: This is an academic qualification and therefore not explicitly aligned with the requirements of a with a professional body; however, the Faculty of Law continuously engage with peer institutions and the Legal Council of South Africa to ensure the support provided to learners for law studies ensures that the South Africa's development needs are addressed, legal reform promoted, and high-level legal expertise developed in alignment with the needs of the legal and academic sectors. The qualification design is, however, aligned to the CHE Doctoral Standard. The Doctor of Laws qualification aligns closely with the Council on Higher Education (CHE) Doctoral Standard by aiming to develop the highest level of holistic and systematic understanding within the field of Law through an original contribution that advances the frontiers of knowledge and professional practice. Like the CHE standard, the qualification emphasises the mastery and development of appropriate advanced research methods and skills, fostering independent engagement in extended research that exhibits thematic and conceptual coherence. The qualification cultivates a scholarly disposition, ensuring that qualifying learners exhibit intellectual autonomy, originality, authority, accountability, academic integrity, and ethical conduct, and can represent the field with critical and moral integrity. Furthermore, the qualification's focus on producing highly skilled legal scholars capable of groundbreaking research and contributing to legal education and the profession directly mirrors the CHE's expectation for doctoral qualifying learners to contribute significantly to their discipline and to serve as agents of intellectual advancement within their communities. Typical learners will have a strong background in Law, holding an LLB and often an LLM. Qualifying learners will be prepared for a range of occupations, including: The Mercantile Law qualification builds upon prior legal education, typically an LLB and LLM and Mercantile Law-related modules, such as Law of Contract, Law of Property, Law of Delict and Family Law. It represents the highest level of legal scholarship and research qualification. Benefits to Learner, Society, and Economy: |
| 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. All applicants who wish to be considered for RPL or CAT must submit a formal application to the faculty they are applying to. RPL applications can consist of one of the following options: 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. For a doctoral qualification, where only one module is applicable, RPL for exemption cannot be considered. Each applicant who wishes to be considered for RPL or CAT has to formally apply and follow the faculty-specific guidelines. Each application will be evaluated on individual merit. Entry Requirements: Or Or |
| RECOGNISE PREVIOUS LEARNING? |
| Y |
| QUALIFICATION RULES |
| This qualification consists of a compulsory module at NQF Level 10 totalling 360 Credits.
Compulsory Modules, NQF Level 10, 360 Credits. |
| EXIT LEVEL OUTCOMES |
| 1. Synthesise expert and critical knowledge at the forefront of their research field in Mercantile Law, integrating existing scholarship with original research to conceptualise new legal research initiatives and generate new knowledge or practice, as evidenced by the doctoral dissertation and associated publications.
2. Critically analyse and contribute to scholarly debates concerning theories of knowledge and processes of knowledge production within the field of Mercantile Law, demonstrating an understanding of the interconnectedness of their legal research with other cognate fields, as evidenced by the dissertation's literature review and theoretical framework. 3. Apply ethical principles in research and professional conduct, including identifying, addressing, and managing emerging ethical issues related to their specific Mercantile Law research, as evidenced by ethical clearance approvals, documented ethical considerations within the dissertation, and adherence to relevant professional codes of conduct. 4. Develop and apply appropriate and potentially new research methods, techniques, processes, or technologies in original, creative, and innovative ways appropriate to the specialised and complex context of the research in a field of Mercantile Law, demonstrating the ability to evaluate, select, and apply relevant research designs, approaches, methodologies, instruments, and procedures, as evidenced by the dissertation's methodology chapter and supporting data. 5. Apply specialist knowledge and theory in critically reflexive, creative, and novel ways to address complex practical and theoretical legal problems within their research domain, demonstrating critical and analytical thinking for problem-solving in diverse contexts, as evidenced by the dissertation's analysis, discussion, and conclusions. 6. Manage incomplete or inconsistent information or data independently, making sound judgments in an iterative process of analysis and synthesis to develop significant original insights into new, complex, and abstract Mercantile Law ideas, information, or issues, as evidenced by the dissertation's data analysis and interpretation. 7. Produce substantial, independent, in-depth, and publishable work that meets international standards, makes a significant contribution to Mercantile Law scholarship/jurisprudence, and communicate research findings effectively to both specialist and non-specialist audiences, demonstrating advanced communication skills, including relevant information and digital literacy skills, as evidenced by the dissertation, publications, conference presentations, and other dissemination activities. 8. Analyse complex Mercantile Law systems or governance structures relevant to their research, demonstrating an understanding of theoretical underpinnings in the management of these systems, and evaluate the potential to design, sustain, and manage change within them, as evidenced by the dissertation's discussion of implications and potential impact. 9. Demonstrate intellectual independence, research leadership, and the ability to manage own research and contribute to research development in Mercantile Law scholarship/research, as evidenced by the dissertation, research project management, and potential contributions to collaborative research initiatives. 10. Operate independently and take full responsibility for their work, demonstrating reflection and autonomy, and, where appropriate, contribute to the oversight of research processes, as evidenced by the completion of the dissertation and adherence to academic and legal professional standards. |
| ASSOCIATED ASSESSMENT CRITERIA |
| Associated Assessment Criteria for Exit Level Outcome 1:
Associated Assessment Criteria for Exit Level Outcome 2: Associated Assessment Criteria for Exit Level Outcome 3: Associated Assessment Criteria for Exit Level Outcome 4: Associated Assessment Criteria for Exit Level Outcome 5: Associated Assessment Criteria for Exit Level Outcome 6: Associated Assessment Criteria for Exit Level Outcome 7: Associated Assessment Criteria for Exit Level Outcome 8: Associated Assessment Criteria for Exit Level Outcome 9: Illustrate intellectual independence and initiative in conducting legal research. Associated Assessment Criteria for Exit Level Outcome 10: Integrated Assessment: This strategy outlines the key principles and procedures for assessing doctoral candidates, encompassing all phases of the program from selection to when the degree is awarded. It emphasises a rigorous, fair, and transparent assessment process that ensures the quality and integrity of doctoral research. The assessment strategy of this qualification aligns with the institution's Assessment Policy (2022) through the careful design of assessment strategies, implementing flexible assessment frameworks that deliver robust assessments and effectively promote learners' learning, as well as evaluate learners' achievements for certification (SU Assessment Policy, 2022). It further aims to support the achievement of the institution qualifying learner attributes and the CHE Doctoral Standard by purposefully embedding it in the research and assessment activities undertaken by the learner. The doctoral qualification is structured around several key components designed to ensure a rigorous and supportive research journey. Supervision and Guidance are paramount, involving high-quality oversight from experts in relevant disciplines and methodologies, alongside a clear delineation of roles and responsibilities for both supervisors and candidates. This includes regular, meaningful supervision meetings and established mechanisms for resolving any conflicts or challenges that may arise. Formative assessment: Throughout the research process, learners are supported by their supervisor through the agreed-upon Memorandum of Understanding, which is used to identify target dates, confirm methods of communication and formalise academic support required. Throughout the process, the supervisor provides timely and sustainable feedback that supports the learner's learning. Summative assessment: For summative assessment purposes, a learner has to submit their final assessment in the format of a full dissertation. Final Assessment: Key Components of doctoral assessment Supervision and Guidance: Research Design and Methodology: Data Collection and Analysis: Thesis Preparation and Submission: |
| INTERNATIONAL COMPARABILITY |
| This qualification is comparable to the following international qualifications:
Country: United Kingdom Institution name: Oxford University Qualification title: DPhil Duration: 4 years full-time, usually 3 years Format: Thesis of no more than 100,000 words, submitted according to the required format Purpose: The thesis must make a significant contribution to knowledge in its field. The contribution of the thesis is assessed having regard to "what may reasonably be expected of a capable and diligent learner after three or at most four years of full-time study. Qualification structure: Supervised thesis. Learners are also required to complete the compulsory research-support coursework units. The program allows learners to focus their research within the field of Mercantile Law. Country: Australia. Institution name: Sydney University. Qualification title: PhD. Duration: 3-4 years full-time. Format: Thesis of a maximum of 80,000 words, submitted according to the required format. The program includes training in research methods, communication skills, and critical analysis. Purpose: The thesis must make a substantially original contribution to the knowledge of the subject concerned. Learners have an option to specialise in a specific field of the law, including Mercantile Law. The University of Sydney Law School has expertise in various areas of Mercantile Law, including Equity & Trusts, Contract Law, and Tort Law. Qualification Structure: Supervised thesis. Learners are also required to complete the compulsory research-support coursework units. Similarities: Differences: |
| ARTICULATION OPTIONS |
| This qualification allows possibilities for both vertical and horizontal articulation.
Horizontal Articulation: Vertical Articulation: Not applicable Diagonal Articulation: Specific diagonal articulation options with the OQSF have not been identified, as this framework only focuses on qualifications up to NQF level 8. However, enrolled learners or qualifying learners have the option to articulate from this qualification into the OQSF, although this may not be a horizontal or next-level articulation. |
| 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 |
| This qualification includes the following specialisations:
|
| 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 |
| 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. |