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: Insurance Law 
SAQA QUAL ID QUALIFICATION TITLE
90564  Postgraduate Diploma: Insurance Law 
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 primary purpose of the qualification is for leaners to acquire advanced knowledge, specific skills and applied competence in the specialised field of Insurance Law 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 learners skilled in the legal aspects of insurance law 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 learners skilled in Insurance Law, who understand the constructive role they need to play as intellectual leaders in their society and who are empowered and equipped with the necessary skills to play a key role in the continued shaping of Insurance Law in a just society based on the values of a constitutional democracy within a world legal order.

The qualifying leaners are able to provide leadership and work in a variety of contexts related to Insurance Law and practice.

Rationale:
Insurance Law is generally offered as an optional module at undergraduate level and Postgraduate qualifications in Insurance Law are limited. Analysis of recent judicial decisions in Insurance Law further seem to suggest that working professionals, for example, lack knowledge and skills on how to deal with Insurance Law issues in practice. These factors may contribute to the increased need for a Postgraduate Diploma: Insurance Law.

The following legal developments further underline the importance of a Postgraduate qualification focusing exclusively on Insurance Law:
  • The rising importance of liability insurance due to the introduction of strict product liability by the Consumer Protection Act 68 of 2008. Liability insurance is one of the topics dealt with in the proposed module Insurance Law: Specific forms.
  • The impact of Chapter 2 of the Bill of Rights of the Constitution of the Republic of South Africa, 1996 and the Promotion of the Equality and Prevention of Unfair Discrimination Act 4 of 2000 on Insurance Law and Practices. This forms part of the proposed module on Insurance Law: History and Nature.

    The aim of the Postgraduate Diploma: Insurance Law is to offer a Postgraduate Law qualification to legal practitioners who need to acquaint themselves with the principles of Insurance Law. The Postgraduate Diploma: Insurance Law is distinct from the Bachelor of Law Degree in that it provides students with in-depth and comprehensive knowledge of Insurance Law. It has much more depth than a Bachelor of Law module dealing with Insurance Law in a more general manner.

    The Postgraduate Diploma: Insurance Law is offered to provide comprehensive Insurance Law training to Postgraduate learners to empower students by strengthening and deepening their knowledge of Insurance Law and Practices. It will further enable working professionals to undertake advanced reflection and development by means of a systematic survey of current thinking, practice and literature in Insurance Law. This qualification demands a high level of theoretical engagement and intellectual independence. It is focused on the acquisition of practical knowledge and would accommodate learners who are not able to, or do not wish to, complete the research component of a Master of Laws Degree.

    Learners who have completed the Postgraduate Diploma: Insurance Law may register for a Master of Laws Degree. Learners who have completed a Postgraduate Diploma: Insurance Law are well equipped to continue with Master studies in Insurance Law. It provides learners with the necessary knowledge which will assist them to successfully complete a Master of Law Degree, should they decide to continue with their studies. The qualification also provides students with specialised knowledge to practice law in a global society. It meets the growing need of society for lawyers with specialised training and enables the learner to meet the increasing range of problems arising from a rapidly developing economy, such as those encountered in product liability insurance and marine insurance (addressed in the proposed module Insurance Law: Specific Forms). In this regard the Postgraduate Diploma is also in line with Unisa's own Strategic Plan of 2015.

    The Postgraduate Diploma allows learners who have completed Bachelor of Laws, Bachelor of Arts: Laws, Bachelor of Commerce: Laws Degree to obtain a Postgraduate qualification in Insurance Law. The Postgraduate Diploma: Insurance Law is further offered to qualify and enable learners for career advancements in the field of law, particularly in the insurance sector (for example, legal advisors and senior employees at insurance companies). Learners who complete this qualification will be better equipped to apply their skills and knowledge in their respective professions (for example, legal advisors, magistrates, judges, prosecutors, attorneys, advocates or compliance officers). 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Learners who register for this qualification are expected to have:
  • Well-developed information retrieval skills and presentation skills following prescribed formats, using IT skills appropriately.
  • An ability to learn from predominantly written material.
  • 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 accurately to self-evaluate and identify and address own learning needs.
  • An ability to interact effectively in a learning group.

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

    This qualification can be achieved in part through Recognition of Prior Learning.

    The Unisa RPL 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 will be judged according to the general principles of assessment described in the notes to assessors. Unisa lecturers will act as assessors for RPL purposes.

    Access to the qualification:
    The minimum admission requirement is one of the following:
  • Bachelor of Arts: Laws
  • Bachelor of Commerce: Laws
  • Bachelor of Laws 
    		•

    RECOGNISE PREVIOUS LEARNING? 
    Y 

    QUALIFICATION RULES 
    Total Credits for the qualification: 120 Credits.
    The qualification consists of five compulsory modules, of 24 Credits each, at NQF Level 8.

    Modules:
  • Insurance Law: History and Nature.
  • Insurance Law: Parties.
  • Insurance Law: Misrepresentation.
  • Insurance Law: Indemnity.
  • Insurance Law: Specific Forms. 
    		•

    EXIT LEVEL OUTCOMES 
    1. Identify the role of the legal aspects of insurance law in everyday life.
    2. Critically, logically and analytically address Insurance Law within a contextual framework.
    3. Identify, analyse and solve complex multi-dimensional legal problems related to legal aspects of Insurance Law.
    4. Engage critically and analytically with legal text related to aspects of Insurance Law.
    5. Contribute to the realisation of a just society based on a legal democracy.

    Critical Cross-Field Outcomes:
    All Critical Cross-Field Outcomes are embedded appropriately in the modules which constitute the qualification. They are assessed within the context of the qualification. The open distance education context has particular challenges which UNISA tries to meet. On achieving this qualification a student will be able to:
    1. Identify, analyse and address legal problems related to Insurance Law 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 own activities and life responsibly and effectively.
    5. Use science and 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 Insurance Law are identified in real or simulated fact scenarios.
  • Daily events related to the various facets of Insurance Law are interpreted and analysed within a legal framework.
  • Theory is applied to practice (and vice versa) in the context of Insurance Law by means of relevant case and literature studies.
  • Potential to develop the law within a regional and global context to cope with modern-day challenges, demands and problems in the context of Insurance Law is demonstrated.

    Associated Assessment Criteria for Exit Level Outcome 2:
  • Legal problems pertaining to Insurance Law are interpreted, analysed and explained within different contexts.
  • Unbiased and balanced perspectives are provided on legal problems related to Insurance Law.
  • A comprehensive and systematic knowledge base in Insurance Law and a depth of knowledge in specialised areas of Insurance Law is attained.
  • Different points of view (scholarly and judicial debates) related to legal aspects of Insurance Law are considered and these are 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 advanced legal problems related to legal aspects of insurance law.
  • The relevance and applicability of legal sources and authorities to an identified problem related to legal aspects of Insurance Law 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 Insurance Law are considered and critically evaluated and the consequences of each solution for future legal development are contemplated.
  • Substantiated responses, based on student's 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 Insurance Law.

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

    Integrated Assessment:
    For award of the qualification, a candidate must achieve each of the modules and must demonstrate the ability to effectively engage in these fields of law in an integrative way, dealing with divergent and "random" demands related to these work operations. 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 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 is a limited number of comparable international qualifications against which this qualification can be compared. Further, this type of qualification (Postgraduate Diploma) is relatively new in the Higher Education Arena. The apparent lack of Postgraduate Diplomas in Insurance Law at universities elsewhere in the world should underline the need for and the relative importance of, the implementation of the Postgraduate Diploma in Insurance Law.

    Comparisons have been made with the Postgraduate Diploma offered by the University of London in the United Kingdom, which is also available via 'distance learning' similar to this Postgraduate Diploma in Insurance Law. There are thirty specialisations, including Insurance Law, to choose from as part of the Postgraduate Diploma offered by the University of London. The proposed Postgraduate Diploma in Insurance Law and its component modules compare well with its international counterpart. However, their course on international commercial Insurance Law (that consists of, inter alia, the contract of reinsurance and liability insurance) does not seem to be available as yet, whereas liability insurance and reinsurance already form part of the proposed Postgraduate Diploma in Insurance Law's module on Insurance: Specific Forms.

    The Osmania University in Hyderabad, India also offers a Postgraduate Diploma in Taxation and Insurance Laws but, as its name suggests, it is not a sole specialisation in Insurance Law and is offered by way of after-hours contact sessions. The proposed Postgraduate Diploma in Insurance Law is ideal for students that would like to specialise in Insurance Law and practice and is in addition accessible as its offered by way of distance learning.

    Comparisons can furthermore be made with the Master's Degree offered by the Insurance Law Centre at the University of Connecticut in Hartford, United States of America. It is one of the few institutions in the United States where Insurance Law is offered separately from the law of tort (our law of delict). Students can choose from a wide variety of courses offered as part of the Insurance Law, Master of Laws and in true American fashion, much emphasis falls on insurance regulation and insurance solvency (Insurance companies are not generally regulated separately from other financial institutions in South Africa.) A distance learning option is also available for the Insurance Law, Master of Law at the University of Connecticut. Students must complete a writing requirement or thesis as part of this qualification. Although the Unisa Postgraduate Diploma in Insurance Law is more limited in scope due to the level of the qualification, as compared to a Masters Degree, the modules offered compare well to the core courses of the Insurance Law, Master of Laws at the University of Connecticut.

    As part of the Master of Laws offered by the Katholieke Universiteit in Leuven, Belgium, students may choose European Insurance Law as an elective course. Students must write a Master of Laws paper as part of their Master of Laws. The Unisa Postgraduate Diploma in Insurance Law again compares well to this course although the former focuses on SA law (and to a lesser extent on English law) and the latter on European Law. However, the course on European Insurance Law and the Unisa Postgraduate Diploma in Insurance Law have a number of similarities, for example, both address the history and nature of Insurance Law.

    In general, the Unisa Postgraduate Diploma in Insurance Law and its component modules compare well with their international counterparts. The only major differences are in formatting and scope of coverage or focus. In addition, the Unisa Postgraduate Diploma in Insurance Law should cater for the perceived need for a Postgraduate Diploma in Insurance Law, both nationally and internationally. 

    ARTICULATION OPTIONS 
    Completion of the Postgraduate Diploma: Insurance Law meets the minimum entry requirement to a Master of Law (LLM) with specialisation in the legal aspects of Insurance Law. 

    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 a Master of Laws. All assessment done by external assessors is quality controlled by internal academic staff. 

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