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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED QUALIFICATION: 

Master of Laws in Dispute Resolution 
SAQA QUAL ID QUALIFICATION TITLE
93815  Master of Laws in Dispute Resolution 
ORIGINATOR
University of Cape Town 
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  Not Applicable  NQF Level 09  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 to provide specialised professional knowledge to better equip members of the legal profession. The education will be at an advanced level so as to produce graduates with expertise in discrete areas of law and legal practice.

Rationale:
There is a need to educate and train legally-qualified learners in advanced areas of specialised knowledge to enhance their professional employment. Within the legal profession there are areas of law and legal practice which are not dealt with at all or in sufficient detail during the Bachelor of Laws Degree, failing to equip a lawyer to practice with expertise and professional knowledge. The Professional Master's of Law in Dispute Resolution will educate and train learners in mechanisms to resolve conflict. It will equip them for advanced and specialised professional employment as mediators and arbitrators. 

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
Recognition of Prior Learning:
Admission to this qualification may be obtained through RPL by applicants who do not have a Bachelor of Laws Degree, but are at an appropriate level of competence due to experience acquired in law-related professions and careers. This decision is taken by the Senate on the recommendation of the Faculty of Law.

Entry Requirements:
To gain entry into this qualification, an applicant is required to have:
  • A Law Degree obtained from the University or a comparable Degree from another university or institution recognised by the Senate for the purpose.
    Or
  • An appropriate level of competence, which, in the opinion of Senate, on the recommendation of the Faculty of Law, is adequate for the purposes of admission as a candidate for the Degree.

    In the case of an applicant with a qualification from a foreign institution, he or she has submitted evidence of proficiency in English of a sufficiently high standard to undertake postgraduate studies in Law. Evidence of proficiency may include an applicant's English language results at school and university level, and/or an applicant's TOEFL test results. An applicant may be required to pass a law-specific English proficiency test before being permitted to register in the Faculty. 
    		•

    RECOGNISE PREVIOUS LEARNING? 
    Y 

    QUALIFICATION RULES 
    This qualification consists of compulsory and one optional modules at NQF Level 9 totalling 180 credits.

    Compulsory Modules:
  • Commercial Arbitration, 30 Credits.
  • Mediation, 30 Credits.
  • Negotiation, 30 Credits.
  • Research Project, 60 Credits.

    Optional Modules (choose one):
  • Admiralty Jurisdiction and Practice, 30 Credits.
  • Advanced Company Law: Corporate Governance, 30 Credits.
  • Advanced Company Law: Securities, 30 Credits.
  • Advanced Intellectual Property Law, 30 Credits.
  • Carriage of Goods by Sea, 30 Credits.
  • Chinese Law and Investments in Africa, 30 Credits.
  • Collective Labour Law, 30 Credits.
  • Competition Law, 30 Credits.
  • Electronic Intellectual Property Law, 30 Credits.
  • Electronic Transactions Law, 30 Credits.
  • Individual Employment Law, 30 Credits.
  • Intellectual Property Law, Development and Innovation, 30 Credits.
  • International Commercial Transactions Law, 30 Credits.
  • International Economic Law, 30 Credits.
  • International Law of the Sea, 30 Credits.
  • Islamic Law and Finance, 30 Credits.
  • Law and Regional Integration in Africa, 30 Credits.
  • Legal Aspects of Corporate Financing Structures, 30 Credits.
  • Maritime Law and Marine Insurance, 30 Credits.
  • Principles of Intellectual Property Law, 30 Credits.
  • Workplace Discrimination and Equality Law, 30 Credits. 
    		•

    EXIT LEVEL OUTCOMES 
    1. Demonstrate advanced knowledge of the law in a specialised area to enable critique of current practices in the Dispute Resolution field.
    2. Demonstrate competence by accessing, analysing, organising and critically assessing information on Dispute Resolution.
    3. Demonstrate competence by applying acquired knowledge on Dispute Resolution to practical situations.
    4. Demonstrate the ability to design, select and apply an appropriate problem-solving approach to the resolution of disputes which arise.
    5. Engage in independent research and produce findings in the form of a research report from a range of appropriate research designs, methods, techniques and technologies in the field of Dispute Resolution.
    6. Perform research projects which demonstrate professional expertise.
    7. Demonstrate intellectual independence and critical thinking in response to legal problems and issues connected to Dispute Resolution and the legal practice.
    8. Demonstrate a heightened awareness of ethical issues arising in the context of contract of employment and in industrial relations practice.
    9. Demonstrate competence in communicating professional solutions emanating from practical Dispute Resolution issues. 

    ASSOCIATED ASSESSMENT CRITERIA 
    The following Assessment Criteria are applied in an integrated way to modules and specialised learning areas, where applicable, to determine competence in the Exit Level Outcomes:
  • A clear understanding of the context (including policy, legislation and global issues), appropriate concepts, methods, ethics, theories and analytical processes in Dispute Resolution is reflected through discussions.
  • The appropriate application of the relevant concepts, methods, ethics, theories and analytical processes in Dispute Resolution is reflected in presentations.
  • Critical analyses and a degree of intellectual independence are displayed in written work in the field of Dispute Resolution.
  • Current literature and research are accessed, analysed and organised and evaluated systematically in the chosen focus area.
  • Clear evidence of effective application of the principles of research practice in the chosen focus area is demonstrated through evaluations.
  • Conclusions and recommendations are justified by the use of appropriate evidence and arguments.
  • The research inquiry is planned and conducted on the basis of a range of appropriate research designs, methods, techniques and technologies for the specific research problem.
  • Research themes are appropriately identified and demarcated.
  • Analyses of the research theme include a comprehensive and critical review of current literature and investigations.
  • Evidence of a sound understanding of relevant research theory and practice is illustrated through selected research methods, techniques and technologies.
  • Theoretical arguments, the research process, methodology, results, conclusions and recommendations are described critically and coherently through research reports.
  • Skill in formulating key findings, drawing justifiable conclusions and making feasible recommendations are displayed through research reports.
  • Motivations of own position to specific Dispute Resolution debates are based on sound integration of relevant theory, practice, research and independent, creative thinking.
  • Sound understanding of own position and its feasibility in relation to major debates are displayed through discussions.
  • Explanations of own position are clearly and coherently exemplified through written and oral communication.
  • Purposeful and critical application of advanced theory, current knowledge and expertise in the chosen focus area is reflected using analyses of the prevailing problems and issues.
  • Purposeful and creative plans to seek solutions based on theory and proven methods in the chosen field are reflected by means of interventions and/or recommendations.
  • Advanced application of appropriate skills, strategies and techniques in accordance with corresponding theoretical assumptions in the chosen field are reflected through discussions and/or interventions.
  • Outcomes of interventions, techniques, strategies or processes in relation to the stated goals and in accordance with corresponding theoretical assumptions are comprehensively described by evaluations.
  • Outcomes in accordance with the identified needs and issues within the chosen focus area are critically analysed by means of evaluations.
  • Evaluations are purposefully used as the basis for planning, implementing and making recommendations.

    Integrated Assessment:
    The assessment policy is to test a learner's ability to understand and apply the law in a professional manner. Forms of assessment will thus be practically oriented. Both formative and summative assessment are undertaken to ensure learners are meeting the requirements of the qualification. Mediation will be assessed by examiner observation of the learners as mediators, and likewise observation of learners as negotiators. Role-play and simulation of the arbitral process will also be assessed. 
    		•

    INTERNATIONAL COMPARABILITY 
    The Master of Laws in Dispute Resolution is comparable with the following international qualifications:

    Cambridge University in the United Kingdom (among others) awards the Master of Laws Degree on the completion of four modules. The University of Cambridge Master of Laws is a one-year taught qualification. Learners are required to take four modules (or 'papers') in total. The module offerings are sufficiently varied to enable learners to pursue a wide range of interests. Some learners elect to obtain a general Master of Laws, choosing papers from various unrelated legal fields. Others choose to specialise in commercial, European or international law, taking at least three papers in one of these areas so as to receive a designation to their Master of Laws indicating the specialisation pursued. Those who opt to specialise, but want some breadth or variety, frequently take a paper outside their specialisation alongside the three within it.

    The School of Law at the University of Aberdeen has introduced two new Masters Qualifications offering learners the opportunity to develop advanced legal professional skills. The new expert-led qualifications are the Master of Laws Oil and Gas Law with Professional Skills and the Master of Laws International Commercial Law with Professional Skills. In lieu of the dissertation component that focuses on legal analytical skills in a traditional Master of Laws qualification the learners instead attend a summer offering that focuses on specific professional skills relevant to the subject area. In the Oil and Gas Law qualification, the learners will participate in the simulations of the commercial decision making process for a hydrocarbon development, with the focus on the legal and regulatory dimensions. In the International Commercial Law qualification, the learners will participate in an arbitration exercise, with learners not only preparing an arbitration case to be heard, but also acting as arbitrator and delivering an award. These developments reflect a recognition that while many learners and employers continue to want a traditional Master of Laws, including the independent research and critical analytical skills developed especially by the dissertation, others are looking for the opportunity to develop other practical skills specific to particular areas of legal practice.

    Conclusion:
    Whilst the module competencies may vary, the focus remains the same in that these qualifications allow for the practical skills of the learner to be improved. Another common feature is that all the qualifications include a research project; this implies therefore that the Master of Laws in Dispute Resolution compares favourably with the international offerings. 

    ARTICULATION OPTIONS 
    This qualification articulates horizontally with:
  • Master of Laws in Labour Law.
  • Master of Laws in Tax Law.
  • Master of Laws in Human Rights Law.

    This qualification articulates vertically with:
  • Doctor of Laws in International Law.
  • Doctor of Laws in Public and Adjective Law.
  • Doctor of Laws: General. 
    		•

    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 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 Cape Town 


    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.