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: 

Postgraduate Diploma: Law (HIV and AIDS) 
SAQA QUAL ID QUALIFICATION TITLE
79426  Postgraduate Diploma: Law (HIV and AIDS) 
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
Postgraduate Diploma  Field 08 - Law, Military Science and Security  Justice in Society 
ABET BAND MINIMUM CREDITS PRE-2009 NQF LEVEL NQF LEVEL QUAL CLASS
Undefined  120  Not Applicable  NQF Level 08  Regular-Provider-ELOAC 
REGISTRATION STATUS SAQA DECISION NUMBER REGISTRATION START DATE REGISTRATION END DATE
Registered-data under construction  EXCO 0324/24  2024-07-01  2027-06-30 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2028-06-30   2031-06-30  

Registered-data under construction

The qualification content is currently being updated for the qualifications with the status “Registered-data under construction” or showing “DETAILS UNDER CONSTRUCTION” to ensure compliance with SAQA’S Policy and Criteria for the registration of qualifications and part-qualifications on the National Qualifications Framework (NQF) (As amended, 2022). These qualifications are re-registered until 30 June 2027 and can legitimately be offered by the institutions to which they are registered.

 

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.  

PURPOSE AND RATIONALE OF THE QUALIFICATION 
Purpose:

The purpose of the qualification is for students to acquire advanced knowledge, and applied competence in a number of legal fields relating to HIV and AIDS 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 students skilled in the legal aspects of HIV and AIDS to ensure that the leadership base of innovative and knowledge-based economic and scholarly activity is widened.

The qualifying students are able to provide leadership and work in a variety of contexts.

Rationale:

The Postgraduate Diploma in Law (HIV and AIDS) is offered to provide comprehensive HIV and AIDS legal training courses to empower everyday practitioners to alleviate the burden of the epidemic and to reach out to those affected by the disease. HIV and AIDS is one of the main challenges facing South Africa today. It is estimated that of the 39.5 million people living with HIV worldwide in 2006, more than 63% were from sub-Saharan Africa. In 2008 about 5.54 million people were estimated to be living with HIV in South Africa, with 18.8% of the adult population (15-49 years) and about 12% of the general population affected. Women are disproportionately affected; accounting for approximately 55% of HIV-positive people.

The national multi-sectoral response to HIV and AIDS is managed by organised structures at different levels in governmental and non-governmental sectors. Provinces, local authorities, the private sector and a range of CBOs are the main implementing agencies. Each government department has a focal person and team responsible for planning, budgeting, implementation and monitoring HIV and AIDS interventions. In this plan, communities are targeted to take more responsibility and to play a more meaningful role. Because HIV and AIDS is a national and international crisis, academic institutions must also play a creative and active role in nourishing social, political and economic transformation by creating new programmes to build knowledge and infrastructure in order to maintain the highest possible standards in the education of practitioners with regard to the legal aspects of HIV and AIDS.

The Postgraduate Diploma in Law (HIV and AIDS) is further offered to qualify and enable students for career advancements in the fields of law, such as medicine, (for example, patient care management and health care services), resource management, psychology, social work, sexology. Students who complete this qualification will be better equipped to apply their skills and knowledge in their respective professions.

The Post Graduate Diploma in Law (HIV and AIDS) is important for the following reasons:
  • The relevance of modules in the legal aspects of HIV and AIDS is a very high national and higher education priority and cannot be over-emphasised. Although a small number of the Unisa LLB law modules address some of these issues to a limited degree, the only qualification presently offered in the College of Law dealing pertinently with these legal issues is the 'LLM: Specialisation in the legal aspects of HIV and AIDS' programme, offered in the Department of Jurisprudence. The Post Graduate Diploma will facilitate admission of students with diverse undergraduate training backgrounds, thereby widening the profile of beneficiaries to include those from non-legal fields, such as medical practitioners, psychologists and social workers. During the past few years that the LLM-programme has been in existence, a need has arisen for a different type of qualification dealing with similar topics covered in the LLM-programme. A postgraduate diploma is the ideal choice. Not only will such a qualification be open to students with Bachelor degrees from other disciplines, but it will also enable students to acquire the relevant expertise and knowledge without having to comply with the requirement of submitting a dissertation (as is the case in the LLM-programme).
  • It creates the possibility of generating a high turnover of graduates, thereby providing more quickly the necessary critical mass of trained professionals.
  • It is an appropriate entry point for legal and medical professionals wishing to pursue legal training and also those who are more inclined towards careers in legal practice. 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    It is assumed that learners who register for this qualification have:
  • Well-developed information retrieval and presentation skills following prescribed formats, using IT skills appropriately.
  • An ability to present and communicate information and their own ideas and opinions in well-structured arguments, showing an awareness of audience and using the academic/professional discourse appropriately.
  • A capacity to operate in variable and unfamiliar learning contexts, requiring responsibility and initiative.
  • A capacity to accurately self-evaluate and identify and address own learning needs.
  • An ability to effectively interact in a learning group.

    Recognition of Prior Learning (RPL):

    All admission through Recognition of Prior Learning must be in accordance with the principles laid down in the Unisa Recognition of Prior Learning Policy.

    This qualification can be achieved in part (50%) through Recognition of Prior Learning. However, only 10% of intake to this programme may be through Recognition of Prior Learning.

    The Unisa Recognition of Prior Learning office can supply full details of processes and procedures relating to the assessment and accreditation of learning from prior experiences. Evidence can be presented in a variety of forms, including international or previous local qualifications, reports, testimonials mentioning functions performed, work records, portfolios, videos of practice and performance records.

    All such evidence should be judged according to the general principles of assessment described in the notes to assessors. Unisa lecturers will act as assessors for Recognition of Prior Learning purposes.

    Access to the Qualification:

    The minimum admission requirement is an appropriate Bachelor's Degree. 
    		•

    RECOGNISE PREVIOUS LEARNING? 
    Y 

    QUALIFICATION RULES 
    The qualification consists of 5 compulsory modules (24 Credits each) all of which are compulsory.

    Total for the qualification = 120 Credits.

    The modules are:
  • Legal aspects of HIV and AIDS: HIV and AIDS in the healthcare context.
  • Legal aspects of HIV and AIDS: Medical law.
  • Legal aspects of HIV and AIDS: The rights and duties of persons living with HIV and AIDS.
  • Legal aspects of HIV and AIDS: HIV and AIDS in the workplace.
  • Legal aspects of HIV and AIDS: The impact of HIV and AIDS on women and children. 
    		•

    EXIT LEVEL OUTCOMES 
    A post graduate diploma student is actively engaged in becoming a specialised professional in the process of preparing for further, more specific and advanced knowledge in a specific field in the work environment. As such he or she develops and holds certain values and integrates knowledge and skills to achieve these purposes. The Exit Level Outcomes show how knowledge, skills and values are integrated.

    On achieving this qualification a student will be able to:

    1. Identify and understand the role of the legal aspects of HIV and AIDS in everyday life.

    2. Critique and analyse the legal aspects related to HIV and AIDS within a contextual framework.

    3. Solve complex legal problems related to legal aspects of HIV and AIDS.

    4. Engage with legal texts related to legal aspects of HIV and AIDS.

    5. Contribute to the realisation of a just society based on a legal democracy.

    Critical Cross-Field Outcomes:

    All Critical Cross-Field Outcomes will be embedded appropriately in the modules which constitute the qualification. On achieving this qualification a student will be able to:

    1. Identify, analyse and address legal problems related to HIV and AIDS by using his or her acquired knowledge base responsibly and applying his or her acquired skills to engage critically and creatively with the legal aspects in a given context.

    2. Work effectively with others as a member of a team, group, organisation 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. Communicate effectively using language skills in the modes of written persuasion in often extensive pieces of sustained discourse.

    4. Manage and organise his or her activities and life responsibly and effectively.

    5. Use technology effectively and critically, showing responsibility towards the environment.

    6. Demonstrate an understanding of the world as a set of related systems by recognising that problem solving contexts do not exist in isolation. 

    ASSOCIATED ASSESSMENT CRITERIA 
    Associated Assessment Criteria for Exit Level Outcome 1:
  • Legal issues related to legal aspects of HIV and AIDS are identified in real or simulated fact scenarios.
  • Daily events related to legal aspects of HIV and AIDS are interpreted and analysed within a legal framework.
  • Law(s) within a regional and global context are developed to cope with modern-day challenges and problems in the context of HIV and AIDS.

    Associated Assessment Criteria for Exit Level Outcome 2:
  • Legal problems related to legal aspects of HIV and AIDS are interpreted and explained within different contexts.
  • Unbiased and balanced perspectives on legal problems related to legal aspects of HIV and AIDS are provided.
  • Different points of view related to legal aspects of HIV and AIDS are considered and critically evaluated in terms of their acquired knowledge base skills.

    Associated Assessment Criteria for Exit Level Outcome 3:
  • Relevant sources and authorities are consulted to address legal problems related to legal aspects of HIV and AIDS.
  • The relevance and applicability of legal sources and authorities to an identified problem related to legal aspects of HIV and AIDS are analysed and critically evaluated.
  • The most authoritative legal materials to solve a problem are selected.
  • Different solutions to a problem related to legal aspects of HIV and AIDS are considered and critically evaluated and the consequences of each solution for future legal development are contemplated.
  • Substantiated responses, based on students' acquired knowledge base, are provided.

    Associated Assessment Criteria for Exit Level Outcome 4:
  • Legal text is read, understood and interpreted within a contextual framework.
  • Views expressed in text are reflected upon and critically evaluated and debated.
  • Legal text is used to support arguments and solutions related to legal aspects of HIV and AIDS.

    Associated Assessment Criteria for Exit Level Outcome 5:
  • Acquired skills and knowledge are used to advance legal awareness related to HIV and AIDS within communities.
  • Acquired skills and knowledge are used to advance awareness on the clinical/medical aspects related to HIV and AIDS within communities.
  • Problems in society related to legal aspects of HIV and AIDS are reflected on and responsible solutions are sought.
  • The underlying Constitutional values are interpreted and applied to problems related to legal aspects of HIV and AIDS in society.
  • An awareness and tolerance of diversity is shown and harmonising solutions are sought related to legal aspects of HIV and AIDS.
  • Conflicting interests related to legal aspects of HIV and AIDS within a community, locally, regionally and globally are dealt with.
  • Conflicting interests arising from relationships (for example state/state, state/individual, individual/individual) related to legal aspects of HIV and AIDS are harmonised.

    Associated Assessment Criteria for Critical Cross-Field Outcome 1:
  • Everyday situations are related to the law.
  • Legal problems are identified in real-life or simulated factual situations.
  • The nature of different legal problems is analysed.
  • Different perspectives to the same problem are recognised, appreciated and evaluated.
  • Relevant legal sources are gathered which may aid in solving a given problem.
  • Legal materials are critically and analytically engaged with in order to make a responsible selection of potentially relevant material with due regard to the weighting of different authorities.
  • Different perspectives on the same legal problem are presented.
  • Different options in solving a legal problem are evaluated.
  • Authoritative substantiated argument is presented, based on the responsible use of legal authority, in support of a solution to a given problem.
  • Suggestions for solving new problems at a community, national, international and global level are offered.
  • Legal problems in South Africa are solved creatively by responsible comparison to and critical evaluation of solutions in other legal systems, as well as global trends.

    Associated Assessment Criteria for Critical Cross-Field Outcome 2:
  • Evidence is shown of understanding that the law has to balance different powers and competing interests of individuals and groups in society.
  • Tolerance of diversity is acknowledged, demonstrated and promoted within own community, South Africa and globally.
  • Different opinions are respected and investigated without pre-conceived bias.
  • Understanding of the different role-players in the legal process is demonstrated.
  • Responsibility to take part in legal development on local, provincial, national and international level is recognised.
  • Scholarly leadership within own community is provided.

    Associated Assessment Criteria for Critical Cross-Field Outcome 3:
  • A given situation is analysed and the legal issue involved is explained.
  • Own interpretation of legal sources is explained in their own words.
  • Own understanding of different points of view is demonstrated.
  • An issue is argued from different perspectives.
  • A balanced, objective evaluation of a legal issue is provided.
  • Substantiated legal argument is presented coherently within a given context.
  • Counter argument is critically evaluated and responded to in a responsible and accountable manner.
  • The language conventions of written use in the discipline of law are followed.
  • Authorities are used responsibly to substantiate legal arguments.

    Associated Assessment Criteria for Critical Cross-Field Outcome 4:
  • Requisite study skills and learning strategies are demonstrated.
  • Study plans are organised and managed.
  • Creative and various learning strategies are used which suit their personal situations and contexts.
  • Self-discipline necessary for distance learning is coped with.
  • A wide variety of different areas of the law related to aspects of HIV and AIDS presented in different modules are coped with and the necessary links between these areas of the law are made.
  • Own strengths and weaknesses are assessed and coping strategies are developed.

    Associated Assessment Criteria for Critical Cross-Field Outcome 5:
  • The appropriate technology (computers, internet, etc.) is selected for learning and communication.
  • Available technology is used responsibly to enhance learning and scholarship.
  • The ethics and legal issues involved in the use of technology are recognised.
  • Legal issues pertaining to the use of, for example, the internet are identified and dealt with effectively.

    Associated Assessment Criteria for Critical Cross-Field Outcome 6:
  • A basic understanding of the legal systems of the world (international law) is shown for purposes of comparative problem-solving.
  • The South African legal system is placed in context within Africa and the rest of the world.
  • Similar situations in comparable legal systems are identified and harmonising solutions are sought.
  • Cultural and religious diversity as manifested in different legal orders are appreciated and tolerated.
  • South Africa's contribution to a just world legal order is identify and analysed.
  • South Africa's role in international law, including regional and international conventions and initiatives is understood.
  • The significance of international law, including regional and international conventions and other instruments for the South African community is explained.

    Integrated assessment:

    For award of the qualification, a candidate must achieve each of the compulsory modules and must demonstrate the ability to engage in these fields of law in an integrative way, dealing with divergent and "random" demands related to these work operations, effectively. Evidence is required that the candidate is able to achieve the purpose of the qualification as a whole at the time of the award of the qualification.

    Assessors should assess and give credit for the evidence of learning that has already been acquired through formal, informal and non-formal learning and experience. 
    		•

    INTERNATIONAL COMPARABILITY 
    There are not many comparable international qualifications against which this Qualification can be compared as this type of qualification (Postgraduate Diploma) is relatively new in the Higher Education arena. Comparisons could only be made with a Masters degree offered in Liverpool.

    In general, this Qualification and its component modules compare well with its international counterpart. The only major differences are in formatting and scope of coverage or focus.

    The Qualification found to be the most comparable to this one is:
  • Masters in Law, Medicine and Health Care (University of Liverpool).

    Due to the lack of international comparators, a national comparability was done. This qualification and the component modules have been compared with similar qualifications and training courses offered by Stellenbosch University and the University of KwaZulu Natal.

    In general, this Qualification and its component modules compare well with their national counterparts. The only major differences are in formatting and scope of coverage or focus. The qualifications found to be the most comparable to this one are as follows:
  • Towards the end of 2000 South Africa's presidency challenged Stellenbosch University to develop a programme that takes HIV and AIDS training and capacity building to the managers and labour leaders of the workforce. The rationale behind the challenge was that, regardless of what was being done in the community, prevention and care had to be extended to the workplace in order to make a dent in the epidemic. This led to the development of the Postgraduate Diploma in HIV/AIDS Management (PDM), first presented in 2001. Today the centre also presents a Masters programme.
  • Secondly, together with the Enhancing Care Initiative (ECI) from the University of KwaZulu-Natal (UKZN), the Centre for Rural Health (CRH) has participated in the running of a Postgraduate Diploma and a Masters programme in the Clinical Management of HIV and AIDS since the beginning of 2004. The courses were initiated to meet the gap that exists between sufficient competent staff to render HIV services and the huge need across the country for these same services. 
    		•

    ARTICULATION OPTIONS 
    Completion of the Postgraduate Diploma in Law (HIV and AIDS) meets the minimum entry requirement for admission to a cognate Master's Degree, such as the Master of Laws (LLM) with specialisation in the legal aspects of HIV and AIDS. A qualification may not be awarded for early exit from a Postgraduate Diploma. 

    MODERATION OPTIONS 
    Moderation is conducted internally through a system of second examiners. Second examiners act as moderators for examination purposes. These are senior academics. For all postgraduate diplomas and degrees, senior academics from other universities act as moderators. 

    CRITERIA FOR THE REGISTRATION OF ASSESSORS 
    Unisa academic staff will be used as assessors in a manner that fits into the quality management system of the University and accords with its tuition and assessment policies. This will apply also to the appointment of external assessors.

    The minimum requirement for appointment as a lecturer or external assessor at Unisa is a Bachelor of Laws (LLB) degree and appropriate experience, but for assessment at postgraduate level the lecturer will be required to have at least an LLM or an appropriate postgraduate qualification. All assessment done by external assessors is quality controlled by internal academic staff.

    Providers offering learning towards achievement of the modules that make up this qualification must be accredited through the relevant ETQA. In the case of higher education, the Higher Education Quality Committee of the CHE is the sole ETQA.

    The HEQC does not require the registration of assessors but evidence must show that Unisa has training in place for assessors and moderators. An appeals process, including criteria for re-marking, is in place.

    Notes for assessors:

    Assessors should keep the following general principles in mind when designing and conducting assessments:
  • Focus the initial assessment activities on gathering evidence in terms of the main outcomes expressed in the titles of the unit standards/modules to ensure assessment is integrated rather than fragmented. The aim is to declare the person competent in terms of the qualification purpose. Focus assessment around each specific outcome, or groups of specific outcomes. Take special note of the need for integrated assessment.
  • Make sure evidence is gathered across the entire range, wherever it applies.
  • Assessment activities should be as close to the real performance as possible, and where simulations or role-plays are used, there should be supporting evidence to show that the candidate is able to perform in the real situation.
  • All assessments should be conducted in line with the following well documented principles of assessment as defined below and in the Unisa Assessment Policy.

    Principles of assessment:
  • Appropriate: The method of assessment is suited to the performance being assessed.
  • Fair: The method of assessment does not present any barriers to achievements, which are not related to the evidence. In particular, the method of assessment is sensitive to language diversity.
  • Manageable: The methods used make for easily arranged, cost-effective assessments that do not unduly interfere with learning.
  • Integrated into work or learning: Evidence collection is integrated into the work or learning process where this is appropriate and feasible.
  • Valid: The assessment focuses on the requirements laid down in the Standard; for example, the assessment is fit for purpose.
  • Direct: The activities in the assessment mirror the conditions of actual performance as closely as possible.
  • Authentic: The assessor is satisfied that the work being assessed is attributable to the person being assessed.
  • Sufficient: The evidence collected establishes that all criteria have been met and that performance to the required Standard can be repeated consistently.
  • Systematic: Planning and recording is sufficiently rigorous to ensure that assessment is fair.
  • Open: Students can contribute to the planning and accumulation of evidence. Assessment candidates understand the assessment process and the criteria that apply.
  • Consistent: The same assessor would make the same judgement again in similar circumstances. The judgement made is similar to the judgement that would be made by other assessors. 
    		•

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this qualification was Reregistered in 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. University of South Africa 


    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.