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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED QUALIFICATION: 

Master of Laws in Criminal Law and Procedure 
SAQA QUAL ID QUALIFICATION TITLE
98011  Master of Laws in Criminal Law and Procedure 
ORIGINATOR
North West University 
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 this Master's Degree is to educate and train learners to contribute to the development of knowledge at an advanced level in the field of Criminal Law and Procedure with a view to further preparing learners for specialised professional employment. This specialised field is not static, but is continuous in development, which necessitates that practicing legal professionals have the opportunity to further their training through advanced postgraduate study.

The qualification will empower learners to systematically and creatively solve complex problems in the field of criminal justice and in particular contribute to the fight against corruption. Learners will be able to demonstrate their ability to use legal practice conventions to convey analytical thinking and communicate conclusions.
Upon completion of the qualification the qualifying learner will be able to:
  • Identify, conceptualise, design and implement methods of inquiry to address complex and challenging practical and theoretical problems within the field of Criminal Law and Procedure using a wide range of specialised skills.
  • Critically evaluate and apply the ethics, values, rules, norms and regulations pertaining to criminal law and procedure encapsulated in national and international documents.
  • Use advanced information-retrieval and processing skills to identify, critically analyse and synthesise information relevant to complex and/or real-world problems, cases and issues in the field of criminal law and procedure.
  • Develop own learning strategies, to sustain independent learning and academic or professional development.

    Rationale:
    A need exists for academic deepening and broadening of professional experience for law graduates and practitioners in the field of Criminal Law and related fields. The Master of Laws (LLM) in Criminal Law and Procedure is the ideal qualification for legal persons to acquire and to apply professional expertise for the preparation of legal documents complying with the practice conventions instead of the traditional research dissertation, without detracting from a high level of theoretical engagement and intellectual independence.

    Crime in general, and corruption in particular, are specific threats to the South African constitutional democracy and necessitate further specialisation in the field of criminal law and procedure. The modules for this qualification deal with fields that are relevant to address the above-mentioned problems.

    This qualification serves as an academic qualification for careers in criminal justice, especially for prosecutors, candidate attorneys, attorneys, advocates, members of the judiciary, as well as prospective legal practitioners. 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Recognition of Prior Learning (RPL):
    The University and the Faculty of Law subscribe to the principles underlying outcomes-based, source-based and lifelong learning. In this context, considerations of mobility play an important role. The University endorses the view that Recognition of Prior Learning (RPL) constitutes an essential element of the transformation of access and admissions policies at education institutions in South Africa. The transformation of access and admissions policies is intended to increase participation and to broaden access to higher education in order to produce graduates with the skills and competencies necessary to meet the human resource needs of the country.

    The Recognition of Prior Learning is concerned with the demonstrable knowledge and learning an applicant has acquired. At all times the question will be to assess the level of the competencies in the context of the Exit Level Outcomes of the qualification.

    The University and Faculty acknowledge that the Recognition of Prior Learning must be conducted in a valid, reliable and equitable way and that it must take place in accordance with the terms of the University's policy on the Recognition of Prior Learning and in accordance with the relevant procedures laid down by the Faculty. In this specific qualification, experience in fieldwork and practical legal research in the field of criminal law and criminal procedure will be taken into consideration. Recognition and exemption of modules may be given in accordance with the provisions contained in the University's General Academic Rules.

    Entry Requirements:
    In order to gain access to this qualification, an applicant is required to have:
  • A four year LLB Degree at NQF Level 8.
    Or
  • A three year Law Degree plus a related Honours Degree at NQF Level 8.
    Or
  • A Postgraduate diploma in a field of Criminal Law at NQF Level 8. 
    		•

    RECOGNISE PREVIOUS LEARNING? 
    Y 

    QUALIFICATION RULES 
    The qualification comprises compulsory modules at NQF Level 9, totalling 180 Credits.

    Modules:
  • Research Project, 60 Credits.
  • Criminal Law, 30 Credits.
  • Law of Criminal Procedure, 30 Credits.
  • Law of Evidence, 30 Credits.
  • Combating Corruption, 30 Credits. 
    		•

    EXIT LEVEL OUTCOMES 
    1. Identify, conceptualise, design and implement methods of inquiry to address complex and challenging practical and theoretical problems within the field of Criminal Law and Procedure using a wide range of specialised skills.
    2. Critically evaluate and apply the ethics, values, rules, norms and regulations pertaining to criminal law and procedure encapsulated in national and international documents.
    3. Use advanced information-retrieval and processing skills to identify, critically analyse and synthesise information relevant to complex and/or real-world problems, cases and issues in the field of criminal law and procedure.
    4. Develop own learning strategies, which sustain independent learning and academic or professional development. 

    ASSOCIATED ASSESSMENT CRITERIA 
    Associated Assessment Criteria for Exit Level Outcome 1:
  • Specialist knowledge of the field of criminal law and criminal procedure is applied to enable engagement with and critique of current research practices.
  • Advanced scholarship and research in the field and practice of criminal law and criminal procedure is shown.
  • Complex factual situations, problems and case studies pertaining to the South African Law of Criminal Procedure with reference to the applicable theory, principles, rules and case law are critically evaluated.
  • Complex problems, issues or case studies in the field of South African Criminal Law and Procedure are identified and analysed.
  • Research methods, theory, and legal principles are applied to debate or critique solutions to such problems.

    Associated Assessment Criteria for Exit Level Outcome 2:
  • Problems are solved and legally sound advice is given based on relevant sets of facts.
  • An ability to argue the solution with the use of the applicable legal principles and available authority is demonstrated.
  • Contribution to the development of ethical standards in the practice of criminal law is given.

    Associated Assessment Criteria for Exit Level Outcome 3:
  • The use of information technology for information-retrieval is planned and executed, analysed, identified and integrated.
  • Applicable information and findings are communicated orally and in the form of an assignment or report adhering to the accepted legal conventions.
  • A body of research work is compiled as a mini-dissertation/research report is developed and completed.
  • Solutions from theoretical and research perspectives published in current literature are debated and the information is presented to specialist and non-specialist audiences using information technology effectively.
  • Possible solutions based on theory-driven arguments are proposed using consistently the relevant modes of inquiry.
  • Scholarly and critical reasoning skills are displayed.

    Associated Assessment Criteria for Exit Level Outcome 4:
  • Own learning strategies are selected, justified and implemented during the preparation for assessments.
  • Full responsibility for their own work is taken and the ability to account for leading and initiating processes and implementing systems, ensuring good resource management and governance practices is demonstrated and communicated.
  • The academic and professional development is reflected upon by engaging with peers in various contexts.

    Integrated Assessment:
    The modules are interdependent in the practice of Law. Throughout a number of different formative and summative assessment methods will be utilised, including verbal and electronic presentation, short research reports and the preparation of legal documents complying with practice conventions. The research project will require learners to research and solve an advanced problem to demonstrate that the achievement of the Exit Level Outcomes of the qualification. 
    		•

    INTERNATIONAL COMPARABILITY 
    In Australia the LLM in Criminal Prosecutions qualification is offered which includes the following compulsory modules:
    Prosecutorial Practice, Applied Criminal Law, Advanced Criminal Evidence, Experts and Their Evidence, and Prosecutions Research Project.

    Whilst in the United Kingdom the LLM in Criminal Law and Criminal Justice is offered whereby learners follow a modular programme which comprises modules and a dissertation. Learners are required to select modules such as Human Rights and Criminal Justice, European Criminal Law and Justice, Theory of Criminal Law etc.

    In United States of America a Masters in Criminal Law Degree enables the learners to elect modules where they will analyse criminal behaviour, apply principles of leadership in organisational settings, learn theories of social control, and gain an informed perspective of law enforcement, the judicial system and corrections.

    Conclusion:
    The Master of Laws in Criminal Law and Procedure compares favourably with the three cited international qualifications in terms of the cognitive complexity. 

    ARTICULATION OPTIONS 
    This qualification only allows for systemic articulation both horizontally and vertically with qualifications offered by other institutions, provided learners meet the minimum admission requirements. The possibilities are:
    Horizontally:
  • Master of Laws at NQF Level 9.
  • Master of Laws in Cyber Law at NQF Level 9.

    Vertical articulation is possible with:
  • Doctor of Laws (LLD) at NQF Level 10.
  • Doctor of Philosophy Degree (PhD) in Laws at NQF Level 10. 
    		•

    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. North West University 


    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.