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: 

Doctor of Laws 
SAQA QUAL ID QUALIFICATION TITLE
88870  Doctor of Laws 
ORIGINATOR
University of Johannesburg 
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-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 
This qualification includes the various specialisations in Law. Please refer to "Notes" for details on the specialisations.

Purpose:
The purpose of the qualification is to allow students to demonstrate an ability to make an own, distinctive and novel contribution to the corpus of knowledge on a particular specialised field of legal study.

It is therefore intended that the student enrolled for a Doctoral Degree will undertake original research that will contribute to the knowledge and practice in the specialised field of law chosen and will submit a thesis reporting the results of the research.

Rationale:
The rationale for the qualification is to equip the next generation of legal scholars with the ability to conduct legal research in a specialised field of law in order to enhance their knowledge of the law in its historical, national, international and interdisciplinary contexts and to enable the next generation of legal scholars to have a meaningful impact on creating justice in and between societies. 

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
It is assumed that learners have mastered the required research methods and techniques, are able to carry out independent research and have the required language skills to write a doctoral thesis.

Formal learning required is a Master's Degree: Law or an equivalent Degree in Law on NQF Level 9.

Recognition of Prior Learning:
  • Through Recognition of Prior Learning, a student may gain access, or advanced placement, or recognition of status, on condition that he/she continues his/her studies at the University.
  • Recognition takes place in terms of requirements and procedures applied by the Faculty of Law.
  • Recognition of Prior Learning in the case of a student not complying with the formal entry requirements:
    > Is conducted after payment of the prescribed fees in accordance with the policy and guidelines of the University.
    > Is based on other forms of formal, informal and non-formal learning and experience.
    > Is considered only where prior learning corresponds to the required NQF-Level.
    > Takes place where prior learning in terms of applied competencies is relevant to the content and outcomes of the qualification.
    > Is considered in terms of an assessment procedure that includes a motivated recommendation by an assessment panel to the Dean's Committee of the Faculty of Law.
    > is finally decided upon by the Dean's Committee.

    Access to Qualification:
  • The minimum entry requirement is an LLM Degree (or equivalent qualification) at NQF Level 9. In general, for admission to doctoral degrees students need to have obtained their previous Degree with an average mark of at least 65%.
  • The Board of the Faculty may require students to submit to an oral examination on set study material to demonstrate their competence for doctoral research before they are admitted to the qualification.
  • It is the student's responsibility to ensure that he/she is able to understand the relevant stated law and scholarly writings in the languages they are written.
  • The extent to which applicants meet admission requirements is assessed by the relevant Head of Department, in consultation with the prospective supervisors, and in accordance with the admission requirements for the qualification. The Head of Department, in consultation with the Executive Dean of the Faculty of Law, may set additional admission requirements for a particular applicant, as approved by the Faculty's Higher Degrees Committee. 
    		•

    RECOGNISE PREVIOUS LEARNING? 
    Y 

    QUALIFICATION RULES 
  • The minimum period of study for the LLD Degree is two years.
  • The maximum period of study for the LLD Degree is four years. Extension of this period will only be entertained in exceptional circumstances and will be dealt with in accordance with the Higher Degrees and Postgraduate Studies Policy. 
    		•

    EXIT LEVEL OUTCOMES 
    Assessment focuses strongly on an exhibition of specialised knowledge and the ability of students to make an own, distinctive and original contribution to the existing knowledge of the subject of study.

    The curriculum comprises a thesis, being an original contribution to the knowledge of and insight into the specialised field of law chosen.

    Doctoral programmes are offered in the following fields of law:
  • Administrative and Municipal Law.
  • Administrative Law.
  • Banking Law.
  • Civil Procedural Law.
  • Constitutional Law.
  • Corporate Law.
  • Criminal Law.
  • Criminal Law, Criminal Procedure and the Law of Evidence.
  • Criminal Procedural Law.
  • Human Rights.
  • Human Rights and Constitutional Practice.
  • Indigenous Law.
  • International Commercial Law.
  • International Law.
  • Interpretation of Statutes.
  • Jurisprudence.
  • Labour Law.
  • Labour Law and Employment Relations.
  • Law of Evidence.
  • Mercantile Law.
  • Private International Law.
  • Private Law.
  • Roman Law.
  • Social Security Law.
  • Tax Law.

    Students must demonstrate an interpretative, problem-sensitive understanding - based on research of stated law and scholarly writings - of the fundamental legal principles underlying the subject-matter of the thesis.

    Students must demonstrate an ability to communicate this understanding accurately, systematically and lucidly; and the competency to utilise this understanding to develop these principles into theoretical constructs applied to areas of knowledge not yet explored or integrated into the relevant field of law, and thereby to generate novel solutions to recognised problems.

    As part of the requirements for completion of the Degree a formal oral examination must be passed before the student formally embarks on the writing of the thesis. The oral examination serves to assess the student's ability to engage in the type of research, and the writing of the thesis, required for this qualification. The candidate may be exempted from the oral examination by the Board of the Faculty of Law on the ground of the candidate having passed oral or written examinations in respect of a previously obtained qualification which adequately assessed the candidate's ability to engage in the type of research to be undertaken and the writing of the thesis.

    In the course of the writing of the thesis, the student is required to take part in a number of seminar discussions on subjects relating to the research topic. The purpose is to give the student an opportunity to present and defend the research proposal. In this way the student's understanding of the field of study and his/her ability to communicate effectively on problem areas and issues are strengthened. In addition, this approach encourages peer and self-assessment

    The student must also submit a publishable article based on his/her thesis that may, at the discretion of the promoter, be submitted for publication in a law journal under the authorship of the student or both the student and the promoter.

    Critical Cross-Field Outcomes:
    N/A 
    		•

    ASSOCIATED ASSESSMENT CRITERIA 
  • Demonstrate in written or oral form, the specialist knowledge and understanding required at the highest level.
  • Evaluate the challenges and developments in a particular area of law and compare same to international experience.
  • Illustrate in written or oral form, an ability to identify, analyse, and reflect on the highest-level legal problems.
  • Solve the highest-level legal problems.
  • Build awareness of and an ability to function effectively as leader of a high-level team.
  • Develop an ability to function effectively and independently in terms of organisation and management, at the highest level.
  • Display an ability to conduct a high-level research project successfully.
  • Demonstrate the ability and confidence to communicate effectively, both orally and in writing.
  • Motivate the effective utilisation of scientific and technological aids.
  • Justify and build understanding of the place and role of the law in society and ability to help shape the future.
  • Display specialist knowledge of the chosen specialised field of the law.
  • Construct an own, distinctive and novel contribution to a subject of the law.
  • Prove the importance of the role of the law in the development of people.
  • Formulate awareness and sensitivity for societal realities and give direction to their accommodation.
  • Estimate as to how the qualification can be utilised to access the labour market.
  • Perceive the necessary elements to develop and maintain at a high level a career in law.

    Integrated Assessment:
    N/A 
    		•

    INTERNATIONAL COMPARABILITY 
    The Doctoral Degree is equivalent to Doctoral Degrees awarded internationally in respect of legal studies.

    International assessors confirm the standard of the research as demonstrated in the thesis. 

    ARTICULATION OPTIONS 
    N/A 

    MODERATION OPTIONS 
    N/A 

    CRITERIA FOR THE REGISTRATION OF ASSESSORS 
    For Doctoral-level qualifications, at least three assessors should be appointed. All assessors must hold a Doctoral Degree and be external to the University. They must also not have had prior involvement with the project that might compromise their objectivity when assessing the thesis. Efforts should be made to identify at least one assessor from outside South Africa.

    In general, assessors of Higher Degrees at the University should hold a Doctoral qualification, except where persuasive grounds exist for deviating from this prescription; in such cases assessors must have an appropriate tertiary primary qualification, and relevant experience and expertise. Supervisors are required to write a motivation for the appointment of a Doctoral assessor without a Doctoral qualification; this motivation and the assessor's CV will be presented at the Senate Higher Degree Committee for approval.

    The Faculty Higher Degrees Committee approves the appointment of all assessors, on the basis of comprehensive CVs submitted. The Senate Higher Degrees Committee approves Doctoral assessors finally on the basis of the recommendation of the Faculty Higher Degrees Committee and the comprehensive CVs submitted.

    Supervisors are required to write a motivation for the appointment of a Doctoral assessor not attached to a higher education institution; this motivation must be submitted together with the assessor's detailed CV to the Senate Higher Degree Committee for approval. The Senate Higher Degrees Committee considers the appointment of an assessor who is not an employee of a higher education institution.

    Assessment of the thesis is conducted in accordance with the University's Academic Regulations and Higher Degrees and Postgraduate Studies Policy.

    After approval and final approval of assessors by the Faculty Higher Degrees Committee and Senate Higher Degrees Committee respectively, assessors are formally appointed through the Executive Dean's office.

    Assessors' details may be revealed to students only after a final outcome has been approved for the thesis by Senate, and then only subject to the approval of the assessors, the supervisor(s) and the Executive Dean of the Faculty. Under no circumstances may supervisors or students contact assessors before finalisation of the assessment outcome.

    In the assessment of any component of a master's or doctoral programme, the Faculty Higher Degree Committee is not bound to award a simple aggregate of all assessors' marks if persuasive reasons exist for awarding a different mark. Faculty regulations will stipulate the methodology to be employed in comparing the various recommended assessment outcomes.

    Assessors provide written reports and advise the University on one of the following results:
  • That the thesis be approved and the Doctoral Degree be awarded (this recommendation may be conditional upon minor changes being made to the satisfaction of the supervisors).
  • That the thesis be accepted provisionally, the terms of the provisional acceptance being that the student be allowed to make non-substantial corrections and improvements to the thesis as indicated by the assessor(s) or the Faculty Higher Degrees Committee within a period of one month, first to the satisfaction of the supervisor(s), and thereafter to resubmit the thesis to the Faculty Higher Degrees Committee to enable it to satisfy itself that the corrections and improvements have been made, in which case the thesis is finally accepted and a recommendation made that the doctoral degree be awarded.
  • That the thesis not be accepted, but that the student be given the opportunity to substantially revise the thesis in the light of deficiencies identified by the assessors or the Faculty Higher Degree Committee, and to re-submit the thesis to the supervisor(s) within a period of three months, and if so recommended also to the assessor(s) that requested the substantial amendments, to satisfy themselves that the improvements have been made, in which case the thesis is finally accepted by the Faculty Higher Degree Committee and a recommendation made that the doctoral degree be awarded.
  • That the thesis be rejected and no reassessment be considered.

    A candidate who has failed a doctoral assessment may not again be assessed on the same subject matter. An assessor's report which indicates that certain improvements should be made will not be regarded as a fail.

    Senate approves the final result of the assessment following consideration, in terms of the University's Academic Regulations and Higher Degrees and Postgraduate Studies Policy, by the Faculty Higher Degrees Committee and Senate Higher Degrees Committee of the assessors' reports and any additional reports of assessors or arbitrators. 
    		•

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

    NOTES 
    This qualification includes the following specialisations:
  • Doctor of Laws in Constitutional Law
  • Doctor of Laws in Criminal Procedural Law
  • Doctor of Laws in Human Rights
  • Doctor of Laws in Indigenous Law
  • Doctor of Laws in International Law
  • Doctor of Laws in Interpretation of Statutes
  • Doctor of Laws in Jurisprudence
  • Doctor of Laws in Law of Evidence
  • Doctor of Laws in Mercantile Law
  • Doctor of Laws in Private Law
  • Doctor of Laws in Procedural Law
  • Doctor of Laws in Roman Law
  • Doctor of Laws in Social Security 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 Johannesburg 


    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.