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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED QUALIFICATION: 

Master of Laws in Private Law and Human Rights 
SAQA QUAL ID QUALIFICATION TITLE
97261  Master of Laws in Private Law and Human Rights 
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 aim of the qualification is to provide learners with a rigorous, sophisticated, and comprehensive understanding of one of the most important innovations of the South African Constitution, namely its imposition of certain rights-serving and value-promoting duties on the courts in respect of the development of private law, and the way this innovation has already played itself out in the various areas of private law in practice. This is an important aspect of the on-going transformation of South African law. This practical understanding will be of benefit to (1) any recent Bachelor of Law (LLB) learner as no LLB qualification has time to deal with this more than superficially. It also will be of benefit to (2) established practitioners whose LLBs preceded the new constitutional order. And it will be of interest to (3) law graduates from other parts of the Africa and the world, whose own legal systems impose less ambitious, or even no, rights-and value-oriented duties on the courts in respect of the development of their private law.

A secondary aim of the qualification is to make an on-going and lasting contribution to the culture of human rights among legal practitioners in South Africa and further afield, as something applicable not only (vertically) to the law regulating the behaviour of the state and its organs, but also (horizontally) to the law regulating the behaviour of private persons inter section.

Rationale:
South African private law is unique. First, it is an organic and continuously-evolving body of rules and principles, consisting mainly of common (i.e. judge-made) law and custom rather than legislation. Secondly, it is a mix of three legal traditions: Roman, English and African. Thirdly, its development, has since 1996 been subject to two constitutional provisions, each imposing a novel legal duty on the courts: Section 39 (2) obliges courts to promote the spirit, purport and objects of the South African Bill of Rights whenever they are developing common law or customary laws 8 obliges courts to develop the common law if that is necessary to give effect to a right in the Bill of Rights which is binding on natural (or juristic) persons.

These two constitutional provisions have dramatically altered the landscape of South African private law. Section 39(2), which continued the 'indirect horizontality' introduced by Section 35(3) in the interim South African constitution, has its analogues elsewhere (notable examples are Canada and Germany). But no other major legal system has an exact equivalent to Section 8, which for the first time introduced 'direct horizontality' into South African law. Both sections require practising South African private lawyers to reconceptualise the ultimate justifications of much of South African private law. New practical questions have to be asked and answered, such as: which rights in the Bill of Rights are binding on private parties; what are the values underlying the Bill of Rights as a whole; to what extent does existing South African private law give effect to the former and promote the latter; in so far as South African private law falls short in either respect, how should it be changed.

In order to address these and related questions, one requires a good understanding of the human rights in the Bill of Rights and the values which they serve. But one also requires a good understanding of the actual rules, principles and doctrines constituting each of the various areas of private law: for example, the law of property, succession, the family, contract, delict, unjustified enrichment, and civil procedure. And one needs this understanding not only in respect of the rules, principles and doctrines with a common law source but also in respect of the laws sourced in African custom. Moreover, since some of these questions have been addressed, at least in part, in foreign legal systems, a good understanding of comparative law is particularly useful.

In several areas of private law, the new constitutional duties imposed by Section 39(2) and Section 8 have already had an impact. In the context of the law of delict - to take one branch of private law as an example - one thinks of cases like National Media Ltd v Bogoshi 1998 (4) SA 1196 (SCA), Carmichele Minister of Safety and Another (Centre of Applied Legal Studies Intervening) 2001 (4) SA 938 (CC), Minister of Safety and Security v Van Duivenboden 2002 (6) SA 431 (SCA), and K v Minister of Safety and Security 2005 (6) SA 419 (CC). One also thinks of the many statutes enacted by Parliament to give effect to human rights in private interaction, including the Rental Housing Act 50 of 1999 (regulating leases), the National Credit Act 34 of 2005 (regulating loans), and the Consumer Protection Act 68 of 2008 (regulating the consumer marketplace). Many further examples could be given, and in truth the impact thus far is only the beginning of a process of re-alignment and transformation that is bound to continue for many years to come. Many difficult practical questions to do with the interface of the Bill of Rights and private law have yet to be addressed (and, occasionally, even to be recognised) by the courts and practising lawyers. For example, which constitutional rights lie at the heart of the law of unjustified enrichment, could it be the right to property, the right to freedom, or the interest in autonomy which seems to underlie both these and many other rights? Does the law, in order to give effect to the right to security of the person, have to achieve corrective justice between the perpetrator and victim of a deliberate or negligent injury, and does that require the law to impose delictual liability on the former towards the latter To what extent should the sanctity of contrary be restricted by judicial development of novel contractual terms implied by law in order to promote the Bill of Rights.

The Master of Laws in Private Law and Human Rights will examine all these matters. It is an entirely new and original qualification. To our knowledge, there is no comparable qualification examining the use of private law to give effect to human rights at any other South African university or abroad. Nonetheless, for the reasons given above, this topic is becoming increasingly important in practice in South Africa and in comparable foreign jurisdictions including, for example, India, Canada, Spain, Italy, Ireland, Germany, France, Denmark, England and Wales, Scotland, and Israel. As a result, judges, legislators, and practising lawyers in all these jurisdictions are having to examine how human-rights provisions and instruments influence private law, looking at all branches of the subject. For this reason, it is envisaged for a strong and growing demand for professional expertise and education in this area. Furthermore, there is a growing, global body of legal literature on the subject. 

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
Recognition of Prior Learning (RPL):
Where a person does not have a LLB Degree, their experience in law-related professions and careers will be taken into account. Candidates who attained a level of competence, which, in the opinion of Senate, on the recommendation of the Faculty of Law, is adequate for the purposes of admission, will be considered 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.

Entry Requirements:
A person may be considered for admission to the Master of Laws in Private Law and Human Rights if in a possession of:
  • Law Degree. 
    		•

    RECOGNISE PREVIOUS LEARNING? 
    Y 

    QUALIFICATION RULES 
    This qualification consists of compulsory and elective modules at NQF Level 9 totalling 180 Credits.
  • Human Rights and Private Law, 30 Credits.
  • Research Project (comprising four Research Tasks), 60 Credits.

    Electives (Select three):
  • Human Rights and African Customary Law, 30 Credits.
  • Property Law in a Constitutional Order, 30 Credits.
  • Human Rights, Gender, and Family, 30 Credits.
  • Advanced Contract Law, 30 Credits.
  • Delict, Unjustified Enrichment, and Human Rights, 30 Credits.
  • Any other Master's law course already accredited as part of a Professional Master's degree taught by the UCT Law Faculty, 30 Credits. 
    		•

    EXIT LEVEL OUTCOMES 
    1. Analyse the problems and issues raised, and reflect on a purposeful and critical application of advanced theory, current knowledge and expertise with consideration of human rights.
    2. Evaluate critically the degree to which the law succeeds in achieving its policy objectives and identify shortcomings in the policies or the law that may suggest a need for reform.
    3. Research independently, to evaluate critically, and to write accurately to articulate and communicate professional solutions arising out of practical issues.
    4. Demonstrate high-level problem-solving abilities involving, analysis of facts, identification of legal issues raised by such fact complexes is demonstrated. 

    ASSOCIATED ASSESSMENT CRITERIA 
    Associated Assessment Criteria for Exit Level Outcomes 1:
  • Sensitivity to non-legal, contextual considerations that ought to be considered when deciding on appropriate resolution of disputes or law reform is applied.
  • Legal issues arising in practical disputes regulated by private law are identified and areas for law reform in this field are analysed in the light of applicable human rights.
  • Competence in the field of private law and human rights is applied.
  • Private law rules and principles to practical situations are researched and applied in order to give adequate effect to human rights.
  • Disputes which arise in private law contexts and trigger human-rights considerations are resolved.

    Associated Assessment Criteria for Exit Level Outcomes 2:
  • The requisite high level of advanced knowledge of the relevant areas of law is achieved.
  • Understanding of theoretical and policy underpinnings of law and its context - political, economic and social are demonstrated.
  • Knowledge about historical origins and development of law is demonstrated.
  • Knowledge of domestic and foreign developments in practice and policy in the area of law is applied.
  • Policy underpinnings of the law are identified and critically engaged with.
  • Reform proposals designed to achieve identified policy objectives are generated.

    Associated Assessment Criteria for Exit Level Outcomes 3:
  • Clear evidence of unsupervised, effective application of sound research practices in private law is produced in the light of human rights.
  • Research issues or themes are appropriately identified and demarcated.
  • A comprehensive range of current literature and research in the field is accessed.
  • Literature and research are analysed and accorded appropriate weight.
  • Research is planned and conducted using a range of research methods and techniques appropriate for a professionally relevant research task.
  • Selected research methods and techniques are applied to show evidence of a clear understanding of relevant research theory and professional practice.
  • Results of such research that critically and coherently describe theoretical arguments are presented.
  • Research process, methodology, results, conclusions and recommendations relevant to a professionally relevant research task is produced.
  • The ability to communicate both orally and particularly in writing, clearly, accurately and succinctly, in language and a form of written communication appropriate to target audience is demonstrated.

    Associated Assessment Criteria for Exit Level Outcomes 4:
  • Identification and advanced application of appropriate skills, strategies and techniques in accordance with corresponding theoretical assumptions in the area of law in question is applied.
  • Research and/or intervention which include the appropriate and creative use of tools and/or data relevant to private law and human rights are applied.
  • Interventions and/or recommendations that reflect purposeful and creative plans to seek solutions based on theory and proven methods in private law contexts is proposed and tabled.
  • Skills in extrapolating justifiable conclusions, and where applicable, making feasible recommendations as part of intervention is applied.
  • An ability to construct logical and persuasive legal arguments, based on fully articulated reasoning and reference to appropriate authorities and sources, for proposed solutions to practical problems is demonstrated.

    Integrated Assessment:
    The assessment criteria apply to all assessments whether formative or summative and whether written or oral.

    The assessment policy for the Professional Master's in this specialist area of Private Law and Human Rights has been developed in light of the Assessment Policy of the University and is consistent with the policy for assessment applied to the current coursework and minor-dissertation LLM. The policy incorporates integrated assessment utilising the following criteria: validity, reliability, academic integrity, transparency, fairness, achievability and timely feedback. Each module within the specialist programme includes more than one assessment opportunity and the use of more than one type of assessment opportunity (prepared and unprepared written tests, oral examinations, oral presentations, written assignments, online assessments) is provided for. Each module includes elements of formative and summative assessment and a final grade of 50% or higher is required to complete each module.

    Forms of assessment are practically oriented to assess a learner's ability to understand and apply the law in a professional manner and are evaluated against the assessment criteria. 
    		•

    INTERNATIONAL COMPARABILITY 
    The Universities of London and Cambridge (among others) award the Master of Law (LLM) Degree on the completion of four courses. Extract from University of Cambridge website: "The Cambridge LLM is a one-year taught qualification. Learners are required to take four modules in total. The qualification offerings are sufficiently varied to enable learners to pursue a wide range of interests. Some learners elect to obtain a general LLM, 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 LLM. indicating the specialism pursued. Those who opt to specialise, but want some breadth or variety, frequently take a paper outside their specialism alongside the three within it."

    The School of Law at the University of Aberdeen has introduced two new Master's Qualifications offering learners the opportunity to develop advanced legal professional skills. The new expert-led qualifications are the LLM Oil and Gas Law with Professional Skills and the LLM International Commercial Law with Professional Skills. In lieu of the dissertation component that focuses on legal analytical skills in a traditional LLM qualification the learners instead attend a summer module 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 an arbitrator and delivering an award. These developments reflect a recognition that while many learners and employers continue to want a traditional LLM, 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:
    The qualification compares favourably with the purpose of the qualifications cited. 

    ARTICULATION OPTIONS 
    The Higher Education. Qualifications Sub-Framework (HEQSF) stipulates that the Master's is the minimum entry requirement for admission to a Doctor of Philosophy (PhD). It is anticipated that research methodology requirements will also be a pre-requisite for PhD registration.

    Horizontally the qualification articulates with:
  • Master of Laws.
  • Master of Laws in Commercial Law.
  • Master of Law in Intellectual Property Law.
  • Master of Laws in Cyber Law.
  • Master of Laws in Dispute Resolution.
  • Master of Laws in Labour Law.

    Vertically the qualification articulate with:
  • Doctor of Laws in Private Law.
  • Doctor of Laws. 
    		•

    MODERATION OPTIONS 
    N/A 

    CRITERIA FOR THE REGISTRATION OF ASSESSORS 
    N/A 

    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.