| Code | Faculty |
|---|---|
| 04130012 | Faculty of Law |
| Credits | Duration | NQF level |
|---|---|---|
| Minimum duration of study: 4 years | Total credits: 506 | NQF level: 08 |
The LLB is the first professional qualification for legal practitioners and provides qualifiers with the necessary theoretical knowledge and practical skills to gain entry into the formal legal profession (eg attorneys/advocates), or to follow other careers in law.
Transferring students
All transferring students, whether they have graduated or not, are admitted on academic merit and availability of space. Application for admission must be made by 30 September and to be considered for final admission all results and the certificate of conduct must be submitted by 31 December.
Candidates who have already completed the final Grade 12 examination and were previously registered at UP or another university, but did not graduate, may be admitted at the discretion of the Faculty’s Admissions Committee, based on the candidate’s Grade 12 results and complete university academic record and final certificate of conduct. Candidates transferring from other universities must obtain at least 50% of the credits required for the LLB degree at the University of Pretoria and must be registered at the University of Pretoria for at least two years before an LLB degree may be awarded by the University of Pretoria.
Candidates who have registered for the BA (Law) or BCom (Law) programme at UP, have not graduated, and wish to transfer to the LLB programme may be considered by the faculty’s Admissions Committee based on the candidates’ academic merit, including factors such as the candidate’s final Grade 12 results, the candidate’s grade point average, and the reasons provided by the candidate for applying to transfer to the LLB before first completing the BA (Law) or BCom (Law) degree.
Candidates who have previously been registered at another South African university for the LLB, BA (Law) or BCom (Law), with South African school qualifications or Cambridge school qualifications (South African candidates), who have not graduated, who wish to transfer to the LLB degree at UP may be admitted on application at year level 1, 2 or 3 of the LLB, depending on the law modules passed, at the discretion of the faculty’s Admissions Committee, based on the candidate’s Grade 12 results and complete university academic record and certificate of conduct. Candidates who have studied at UP, discontinued their studies, and want to be readmitted to the LLB may be admitted subject to conditions set by the Faculty’s Admissions Committee.
Candidates who have previously been registered at UP or another university and who have graduated (excluding BA (Law) and BCom (Law) graduates) may be admitted at year level 1 of the LLB, if there are places available, at the discretion of the faculty’s Admissions Committee, based on the candidate’s Grade 12 results and complete university academic record and final Certificate of Conduct.
Candidates who have been awarded a BA (Law) or BCom (Law) degree by any South African university, including UP, may be admitted on application, at the discretion of the faculty’s Admissions Committee, based on the candidate’s Grade 12 results and complete university academic record and certificate of conduct. Students transferring from other universities may be admitted at year level 3 of the LLB.
UP students may be admitted at year level 1 of the 04130010 – LLB after BCom (Law) and 04130011 – LLB after BA (Law) programmes. UP BA (Law) and BCom (Law) graduates are guaranteed placement in the LLB programme if they completed the BA (Law) or BCom (Law) programme in 3 or 4 years.
Non-South African qualifications (The closing date for applications for admission is 31 August)
Non-South African citizens and South African citizens with foreign qualifications must comply with all the admission requirements and the prerequisites for subjects/modules.*
(*All such applications are submitted to the Admissions Committee of the Faculty for consideration.)
Only a limited number of non-South African candidates are admitted to undergraduate studies in the faculty. In addition to meeting the admission requirements, admission is based on the performance in the TOEFL, IELTS, SAT or Institutional Proficiency Test (currently the NBT), if required, in competition with other candidates who also comply with the admission requirements.
It may be expected of South African citizens as well as diplomats and the children of diplomats with non-South African qualifications to write the Institutional Proficiency Test (currently the NBT is not applicable to LLB applicants) and either of the IELTS, TOEFL or the SAT so that their suitability for admission to the Faculty can be determined.
Candidates must have completed the National Senior Certificate with admission to degree studies or a certificate of conditional exemption on the basis of a candidate’s non-South African (“foreign”) qualifications, the so-called “Immigrant” or “Foreign Conditional Exemption”. The only condition for the “Foreign Conditional Exemption” that is accepted is: ‘completion of the degree course’. The exemption certificate is obtainable from Universities South Africa (USAf). Detailed information is available on the website at mb.usaf.ac.za.
Minimum requirements | ||
Achievement level | ||
English Home Language or English First Additional Language | APS | |
NSC/IEB | AS Level | |
5 |
C |
32 |
* Candidates with an APS of 32 or higher will, on receipt of their applications, be accepted on a continuous basis until 30 September or until all available places have been taken. Candidates with an APS of 38 or higher will be accepted on a continuous basis until registration in January of the next academic year, irrespective of the number of candidates already accepted.
* *Cambridge A level candidates who obtained at least a D in the required subjects, will be considered for admission. International Baccalaureate (IB) HL candidates who obtained at least a 4 in the required subjects, will be considered for admission.
The Dean determines which elective modules will be presented each year, taking into consideration the availability of lecturing personnel, space and financial implications and/or other circumstances. The Dean may determine the maximum number of registrations for a specific elective module. The Dean may, on recommendation of the relevant head of department, determine that a particular fourth-year elective module will not be offered where on the first day of lectures nine or fewer students are registered for the module.
A student may only register for a final-year elective module in the LLB if the student qualifies as a finalist for that year of study. Students who are not finalists may only enrol for a final-year elective where, upon written application, the Dean of the Faculty of Law allows such a registration based on the student’s academic record and circumstances.
The Dean has the discretion to credit any other legal module of equal standard passed at another institution as an elective.
The following aspects should be kept in mind:
The Dean has the discretion to also credit any other legal module of equal standard presented at the University of Pretoria as an elective on an ad hoc basis where this module is not provided for in the current LLB offering, subject to prior approval of the Dean.
Advisory note: Students who intend to pursue an LLB degree must note that to obtain the LLB degree they will be required to obtain at least 24 credits from the following list of language modules: ENG 118, ENG 110, ENG 120.
Elective modules for fourth year of study:
4 modules selected from the following list:
# Practical law 400
The number of students who may be admitted to the module Practical law (PRR 400) is predetermined by the Dean, in consultation with the Head of the Department of Procedural Law.
Prospective students must apply for admission to the module.
Should more students apply for admission to the module than can be accepted, a selection process will take place on the basis of a student's previous performance and an interview with the Director of the Law Clinic.
Students are promoted on the basis of tests, satisfactory execution of assignments, sessions in the Law Clinic and an oral examination.
Practical law (PRR 400) counts 20 credits and counts as two electives.
Certain modules are only applicable to exchange students.
General requirements
1. Repeating of modules and maximum number of modules per year
2. Credit for modules
Students transferring from another university can only obtain credit for at the most 50% of the modules needed for the degree and must complete at least 50% of the modules at the University of Pretoria.
Dean's merit list
The Student Administration office publishes the Dean’s merit list by March of every calendar year. The list contains the student numbers, in chronological sequence, of those students who achieved a weighted average (ie in accordance with the credit value of each module) of at least 75% in the preceding calendar year.
The weighted average is calculated as follows: The final mark obtained for each module for which the student registered in the preceding calendar year is multiplied by the credit value for that particular module. The sum of the values so obtained for each module are added together and divided by the total of the credit values of all modules for which the student registered in the preceding calendar year. The average so calculated is not rounded off.
A student who failed module(s) or who failed to gain entrance to the exam in the module(s) in a given calendar year may not appear on the Dean’s merit list for that calendar year. A student who registered for less than nine modules in a calendar year may not appear on the Dean’s merit list for that calendar year. Modules passed at other universities are not considered in calculating the weighted average.
Please consult the Examination and Test policy as contained in the Faculty Regulations.
Promotion to next study year
(According to Regulation G.3 the Faculty Board may set promotion requirements which students must adhere to before they will be promoted.)
For the 4-year LLB degree to be awarded with distinction, a student must obtain a grade point average (ie in accordance with the credit value of each module) of at least 75% in respect of all the modules prescribed for the third and fourth years of the LLB degree, completed at this University. The grade point average is calculated as follows: The final mark obtained for each third- and fourth-year module prescribed for the LLB degree, including the electives, is multiplied by the credit value of that particular module. The sum of these values are added together and divided by the total of the credit values of all prescribed third- and fourth-year LLB modules. The average so calculated is not rounded off. A student who failed a third- or fourth-year LLB module, including any of the electives, may not be awarded the degree with distinction.
BA (Law) graduates
For the LLB degree to be awarded with distinction to a BA (Law) (UP) graduate, a student must obtain a grade point average (ie in accordance with the credit value of each module) of at least 75% in respect of the following modules completed at this University:
RPK 210 and 220
VBB 220
BLR 310
BWR 300
IGZ 320
ISR 310
ODR 320
PBL 310 and 320
SAR 310
VHD 320
ABR 410
PBL 410 and 420
PVR 420
SIP 400
SKY 410
SPR 400
Four final-year electives
The grade point average is calculated as follows: The final mark obtained for each of the modules listed above, including the electives, is multiplied by the credit value of that particular module. The sum of these values are added together and divided by the total of the credit values of the modules listed above. The average so calculated is not rounded off. A BA (Law) (UP) graduate who failed any of the modules listed above, including any of the electives, may not be awarded the LLB degree with distinction.
BCom (Law) graduates
For the LLB degree to be awarded with distinction to a BCom (Law) (UP) graduate, a student must obtain a grade point average (ie in accordance with the credit value of each module) of at least 75% in respect of the following modules completed at this University:
FMR 121
PBL 200
RPK 210 and 220
RPR 210
RVW 210
BLR 310
BWR 300
IGZ 320
JUR 310
PBL 310 and 320
ABR 410
PBL 410 and 420
PVR 420
SIP 400
SKY 410
SPR 400
Four final-year electives
The grade point average is calculated as follows: The final mark obtained for each of the modules listed above, including the electives, is multiplied by the credit value of that particular module. The sum of these values are added together and divided by the total of the credit values of the modules listed above. The average so calculated is not rounded off. A BCom (Law) (UP) graduate who failed any of the modules listed above, including any of the electives, may not be awarded the LLB degree with distinction.
Minimum credits: 121
Module content:
Find, evaluate, process, manage and present information resources for academic purposes using appropriate technology. Apply effective search strategies in different technological environments. Demonstrate the ethical and fair use of information resources. Integrate 21st-century communications into the management of academic information.
Module content:
*For LLB and BA/BCom specialising in law
The module has both a theoretical and skills component. All elements described below will encompass conceptual knowledge combined with practical application.
UNDERLYING JURISPRUDENTIAL ASPECTS OF LAW / THE LAW IN GENERAL
(a) A first-year definition of law / the Law
(b) The relationships between law and society, law and history, law and politics, law and language
(c) Being a law student or lawyer in South Africa
(d) Introduction to different perspectives on the law
THE SOUTH AFRICAN LEGAL SYSTEM AND ITS HISTORICAL DEVELOPMENT
SOURCES OF SOUTH AFRICAN LAW AND THEIR HISTORICAL DEVELOPMENT
(a) Introduction to characteristics and components of the South African legal system
(b) Mixed legal systems
(c) The South African Constitution and its historical development
(d) Customary law and its historical development
(e) Common law and its historical development
(f) Primary and other sources of modern South African law
(g) Applying the sources of law to a set of facts and relying on the sources of law to answer a jurisprudential question.
THE ABOVE CONTENT FORMS THE BASIS OF THE SKILLS COMPONENT (INCORPORATING ACADEMIC LITERACY SKILLS) WHICH CONSISTS OF:
(a) Conducting research in the library
(b) Finding, reading and applying the sources of law
(c) Reading, understanding and summarising texts on topics of law
(d) Analysing, criticising and improving (“edit”) a piece of writing on the law in a theoretical sense; and
(e) Writing a well-constructed essay or paragraph on legal problems and topics of law or legal history.
Module content:
*For LLB and BA/BCom specialising in law
BASIC PRINCIPLES OF THE:
(a) Law of obligations (contract and delict)
(b) Criminal law
(c) Law of civil procedure;
(d) Law of criminal procedure; and
(e) Law of evidence.
ACCESS TO JUSTICE:
(a) Courts and alternative dispute resolution;
(b) Legal profession; and
(c) Access to justice and its promotion in South Africa (the idea, problems, representation in criminal matters, role of different organisations, etc).
THE ABOVE CONTENT FORMS THE BASIS OF THE SKILLS COMPONENT (INCORPORATING ACADEMIC LITERACY SKILLS) WHICH CONSISTS OF:
(a) Drafting a simple contract based upon a set of facts (law of contract)
(b) Reading, understanding, summarising a case on the law of delict and applying the principles of legal argument and logic to it
(c) Summarising, analysing, criticising and improving (“edit”) a piece of writing on the law of evidence
(d) Understanding and applying the principles of examination in chief, cross-examination and re-examination to a concrete set of facts with a view to participation in a “moot court” or debate.
Module content:
*Alternative evening classes - 2 discussion classes per week Introduction to Literature in English (1) This module introduces the study of literature by examining a number of texts representing different genres (poetry, prose, drama). The texts studied here will be mainly from the pre-twentieth century era and may include texts written in English from both Africa and other parts of the world. The aim of this module is to equip students with the critical and analytical skills required for a perceptive reading of poetry, novels and plays.
Module content:
This module is intended to equip students with a thorough knowledge of English grammar and is particularly useful for those interested in a career in teaching, editing, document design or other forms of language practice.
Module content:
*Alternative evening classes: 2 discussion classes per week
Introduction to Literature in English (2)
This module introduces the study of post-nineteenth century literature by examining a number of texts representing different genres (poetry, drama, prose). Texts will be from both Africa and other parts of the world. By the end of this module students should have the background and analytical skills to perceptively read modern and contemporary poetry, novels and plays.
Module content:
*For LLB and BA/BCom specialising in law
(a) Introduction to family law
(b) General principles regarding the coming into existence of a marriage
(c) Void, voidable and putative marriages
(d) The invariable consequences of the marriage
(e) Basic principles regarding the legal relationship between child and parent
(f) The variable consequences of a marriage
(g) Principles regarding the dissolution of a marriage
(h) The consequences of the dissolution of a marriage
Law of Parent and Child;
(a) Variable consequences of marriage;
(b) Dissolution of marriage;
(c) Consequences of the dissolution of marriage;
(d) Customary marriages; and
(e) Domestic partnerships and religious marriages.
Module content:
*For LLB and BA/BCom specialising in Law
The legal rules in respect of the coming into existence, private law status and termination of a natural person or legal subject
Module content:
*For LLB and BA/BCom specialising in law
General introduction to Roman law and European law as foundations of South African private law
INTRODUCTION TO THE ROMAN LAW OF THINGS
(a) Things, real rights, possession
(b) Ownership, limitations, acquisition, protection
(c) Limited real rights, servitudes, real security
INTRODUCTION TO THE ROMAN LAW OF CONTRACT
(a) General principles of the law of contract
(b) Specific contracts
(c) Quasi contracts
INTRODUCTION TO THE ROMAN LAW OF DELICT
(a) General principles of the law of delict
(b) Specific delicts
(c) Quasi delicts
Module content:
Taalkundekomponent: Inleiding tot die Afrikaanse taalkunde met klem op lees-en skryfvaardigheid. Letterkundekomponent: Inleiding tot die Afrikaanse en Nederlandse letterkunde aan die hand van kortverhale en gedigte.
Module content:
Afrikaans for speakers of other languages (1)
*No mother tongue speakers of Afrikaans will be allowed to take this module.
A subject for advanced learners of Afrikaans. A basic knowledge of Afrikaans grammar and listening, reading, writing and speaking skills are required.
Module content:
Taalkundekomponent: Inleiding tot die Afrikaanse sintaksis, fonetiek en taalgeskiedenis. Letterkundekomponent:Inleiding tot die Romankuns Inleiding tot die Drama
Module content:
Introduction to Philosophy
The two semester modules at first-year level introduce students to four main subfields of philosophy, namely metaphysics, epistemology, ontology and ethics. This module introduces students to two of these subfields, namely epistemology and metaphysics with reference to the work of a range of scholars from the Global South and the West. Students will become acquainted with the nature of philosophical reflection by exploring a number of classical philosophical themes in each subfield. Throughout the module there is an emphasis on developing those critical thinking, reading and writing skills that are required in Philosophy, while students become acquainted with the power of critique as critical judgment and discernment.
Module content:
Introduction to Philosophy
The two semester modules at first-year level introduce students to four main subfields of philosophy, namely metaphysics, epistemology, ontology and ethics. This module introduces students to two of these subfields, namely ontology and ethics and the emphasis is on texts by African and Western scholars. Students will become acquainted with the nature of philosophical reflection by exploring a number of classical philosophical themes in each subfield. Throughout the module there is an emphasis on developing those critical thinking, reading and writing skills that are required in Philosophy, while students become acquainted with the power of critique as critical judgment and discernment.
Module content:
The nature and function of accounting; the development of accounting; financial position; financial result; the recording process; processing of accounting data; treatment of VAT; elementary income statement and balance sheet; flow of documents; accounting systems; introduction to internal control and internal control measures; bank reconciliations; control accounts; adjustments; financial statements of a sole proprietorship; the accounting framework.
Module content:
Budgeting, payroll accounting, taxation – income tax and an introduction to other types of taxes, credit and the new Credit Act, insurance, accounting for inventories (focus on inventory and the accounting entries, not calculations), interpretation of financial statements.
Module content:
The making of the Modern World: a survey
A selection of themes on Asia, Africa, the Americas and Europe and their contribution to the making of the Modern World.
Module content:
Africa and South Africa: a survey
An overview focusing on the making of African and South African societies from the earliest times to the present with emphasis on the most significant historical forces, factors and events.
Module content:
Part 1: Fundamental criminology
A general introduction to criminology is provided. An overview of factors that contribute to crime, forensic criminology and forensic criminalistics are investigated.
Part 2: Violent crime
Various types of violent crimes receive attention in this section.
Module content:
Part 1: Penology
Attention is given to the roleplayers in the criminal justice system, namely the police, judiciary and corrections.
Part 2: Crime prevention and control
The nature and extent of crime, theories to explain criminal behaviour and crime prevention and control are investigated.
The two sections will not necessarily be presented in chronological order.
Module content:
Invitation to Sociology
How do we understand ourselves as individuals in relation to society? How are our individual life courses and large-scale processes of social and historical change related to each other? How have our societies come to be what they are today? And how can we think of our private troubles as public issues? These questions are at the very heart of sociology as a distinctive way of thinking about and understanding the social worlds that we inhabit. This module invites students to become familiar with sociological ways of thinking about current issues and personal experiences (particularly in the southern African context), and to develop the analytical skills that are necessary in order to ask and answer critical questions about the communities, society, and world that they live in. The module will include a specific emphasis on academic reading skills.
Module content:
Thinking sociologically
Drawing from the idea of Sociology as a discipline that focuses on critical thinking, the module will introduce students to ways of questioning the obvious and the taken-for-granted. In particular, power and inequality will be problematised, with a focus on how power operates to structure racial, class and gender inequalities across institutions, ideologies and identities. The module will introduce students to the operations of power as manifested in the production of institutions, the proliferation of identities and heightened contestations among ideologies. The module will include a specific emphasis on writing skills.
Minimum credits: 120
Module content:
*For LLB and BA/BCom specialising in Law
Module content:
*For LLB and BCom specialising in law
(a) Law of purchase and sale
(b) Law of letting and hiring of things
(c) Law of agency
(d) Law of surety
(e) Law of letting and hiring of work
Module content:
*For LLB and BA/BCom specialising in law
(a) General principles of the law of obligations
(b) Formation of the contract
(c) Content of the contract
(d) Interpretation of written contracts
(e) Breach of contract
(f) Remedies for breach of contract
(g) Termination of contractual obligations
(h) Drafting of contracts
Module content:
*For LLB, BA specialising in law; BAdmin and BCom law
(a) Introduction to constitutional law theory
(b) Basic principles: the law, the state and the individual
(c) The historical development of the South African constitutional law
(d) Different elements of a state
(e) Sources of the South African constitutional law
(f) The founding provisions, the legal order and symbols of the South African state
(g) Cooperative government
(h) The national legislative authority
(i) The president and the national executive authority
(j) Provincial government
(k) Judicial authority
(l) The Bill of Rights: History of human rights in South Africa, jurisprudential and political perspectives on human rights, application, justiciability and interpretation of the bill of rights, jurisdiction, procedures and remedies, limitation of human rights, an analysis of selected human rights
(m) State institutions supporting constitutional democracy
(n) The public administration
(o) The South African security services
(p) General provisions
Module content:
*For LLB
((a) An overview of the origin and development of the various legal professions
(b) Statutory provisions applicable to the legal profession
(c) Professional conduct and ethics
(d) Professional costs and fees
(e) Professional liability of legal practitioners
(f) Research skills
(g) Writing skills (letter of advice to client; office memorandum; heads of argument)
Module content:
*For LLB
(a) Practice management
(b) Taking of instructions
(c) Bookkeeping for legal practices
(d) Aspects of trial advocacy
(e) Practical application
(f) Research skills
(g) Writing skills (letter of advice to client; office memorandum; heads of argument)
Module content:
*For LLB and BA specialising in law
(a) Indigenous culture groups, their culture, and the definition of legal pluralism
(b) Law of persons and family law of indigenous culture groups
(c) Indigenous law of delict
(d) Indigenous law of succession
(e) Indigenous law of contract
(f) Legal conflict and court structure
(g) Legal systems based on religion in South Africa
Module content:
*For LLB, BAdmin, BA specialising in law and BCom Taxation
Statute law:
(a) General introduction: relationship between text and context
(b) What is legislation: categories and types of legislation
(c) The structure and format of legislation (enacted law texts)
(d) Commencement, amendment and demise of legislation
Principles of interpretation:
(a) How to interpret legislation: various theories and methods of interpretation and
the influence of the supreme Constitution on statutory interpretation
(b) Internal and external aids to determine the legislative purpose
(c) So-called peremptory and directory provisions
(d) Statutory interpretation and judicial lawmaking
(e) Basic principles of constitutional interpretation
Module content:
*For LLB and BCom specialising in law
(a) Basic principles of the National Credit Act 34 of 2005
(b) Aspects regarding the law applicable to credit agreements
(c) Basic principles of the Consumer Protection Act 68 of 2008
Minimum credits: 132
Module content:
*For LLB
(a) Foundations of income tax
(b) Calculation of income tax payable
(c) Capital gains tax
Module content:
*For LLB
(a) Basic principles of the law of evidence and rules relating to the admissibility of specific categories of evidence.
(b) Evidential aspects relating to the giving of evidence and the constitutional implications for the law of evidence.
Module content:
*For LLB and BA/BCom specialising in law
(a) General principles of the law of delict
(b) Capita selecta from the principles applicable to specific delicts
Module content:
*For LLB
(a) General principles of intellectual property law
(b) Copyright
(c) Law relating to inventions and designs
(d) Trademark law
(e) Law relating to plant breeders' rights
(f) Law of competition
Module content:
**For LLB and BCom specialising in law
(a) General introduction and historical background
(b) The process of sequestration
(c) Effects of sequestration
(d) Voidable and void dispositions
(e) Overview of administration of insolvent estates
(f) Composition, rehabilitation and offences
(g) Liquidation of insolvent companies and close corporations
Module content:
*For LLB and BA specializing in Law
An overview of the most important jurisprudential approaches amongst others natural law, positivism, realism, critical legal theory, modern and post-modern approaches. The theoretical and practical value of these approaches are investigated within a post-apartheid context.
Module content:
*For LLB and BCom specialising in law
(a) Company law
(b) Law relating to close corporations
(c) Partnership law
Module content:
*For LLB and BAdmin
An overview of judicial review of administrative action in light of the Constitution and the Promotion of Administrative Justice Act 3 of 2000, with a focus on the legitimate scope of such judicial review and the grounds for judicial review.
Module content:
*For LLB
(a) The historical development and theory of international law
(b) Sources of international law
(c) Territory
(d) International legal personality
(e) Jurisdiction, immunity from jurisdiction and extradition
(f) Self-contained legal regimes and state responsibility
(g) Judicial settlement of international disputes
(h) International law in municipal law
Module content:
*For LLB
The module includes the following:
(a) How to plan a research project
(b) Reading strategies and techniques
(c) Broad theoretical approaches and methodologies (Sociology of law, Legal pluralism, Legal history, Comparison)
(d) Citation, ethics of citation, presentation and language
(e) How to write a research proposal and general drafting (As this module is a prerequisite to register for SKY 410, attendance at all the sessions and a mark of at least 50% for the submitted research proposal are required in order to obtain the prescribed credits)
Module content:
*For LLB and BA/BCom specialising in law
(a) General principles of the law of things
(b) Constitutional aspects
(c) Control (possession and holdership)
(d) Ownership (including joint ownership and sectional-title property)
(e) Limited real rights (including servitudes, limiting provisions, public servitudes, mineral rights and real security rights)
Module content:
*For LLB and BCom specialising in Law
(a) Elements of negotiability; the bill of exchange, cheque and promissory note; parties to bills, cheques and notes
(b) Requirements for validity, negotiation, holdership and acceptance
(c) The banker-client relationship; crossings and additions to crossings; the legal position of the drawee and collecting bank
(d) Electronic payment methods
Minimum credits: 140
Module content:
*For LLB
a) Individual labour law
b) Collective labour law
c) Resolution of labour disputes
Module content:
*For LLB
Introduction to criminal law:
(a) Criminal law and the legal system
(b) Criminal law and law of delict
(c) The concepts "criminal law" and "crime"
(d) The history and sources of our criminal law
(e) Determinism and indeterminism
(f) The purpose and function of the criminal law and crime
(g) The classification of criminal law and crimes
General principles of criminal law: elements of criminal liability:
(a) Legality
(b) The deed
(c) Unlawfulness
(d) Capacity
(e) Fault
(f) Multiple defences
Module content:
*For LLB
Specific crimes:
(a) Attempt, incitement and conspiracy
(b) Participation and accessories after the fact
(c) Crimes against life
(d) Crimes against bodily integrity and parental authority
(e) Crimes against reputation and dignity
(f) Crimes against property and freedom of will
(g) Crimes against sexual morality and family life
(h) Crimes against public morality and religious feelings
(i) Crimes against the administration of justice and public administration
(j) Crimes against the state
Punishment:
(a) Theories of punishment
(b) Forms of punishment
Module content:
*For LLB
Capita selecta from any of the following:
(a) Enrichment
(b) Estoppel
(c) Personality rights
Module content:
*For LLB
(a) Aspects of litigation techniques
(b) General principles of civil procedure
(c) Practical application
(d) Compiling pleadings
Module content:
*For LLB
(a) The essay deals with a subject from the field of law.
(b) The supervisor advises final-year students of the date on which the subject of the essay must be submitted to him for approval.
(c) The head of department responsible for the subject, or a lecturer designated by him/her, acts as project leader and as examiner: Provided that the head of department may appoint an external examiner should he/she deem it necessary.
(d) Two typed, duplicated or printed copies of the essay of between 8 000 and 14 000 words (with an indication of the amount of words on the last page of the essay), must be submitted. The date when the essay must be submitted will be communicated.
Each lecturer supervises a maximum of 15 students annually. The topics chosen by these students must preferably be thematically linked. At the beginning of the year, all registered students as a group attend one compulsory lecture on the approach to and writing of an essay. Following this, each lecturer organises one seminar of two hours with his or her group of students, during which students submit the topics and basic structure of their essays.
After completion of the essays, a copy of each essay is made available to students. For this purpose, one copy must be handed in at the library, and the other at the supervisor. The lecturer then organises a further series of seminars, where each student presents his or her conclusions for the group to criticise. At these seminars, the lecturer also involves another faculty member or expert.
The evaluation is as follows:
Written document: 70%
Participation in seminar: 30%
Draft essay: 10%
Module content:
*For LLB
(a) The general principles of criminal procedure law in the lower courts, High Court and the High Court of Appeal of South Africa.
(b) Drafting of pleadings
(c) Practical application
Module content:
*For LLB
Introductory debate on the universality and cultural specificity of human rights and a historical overview of human rights in Africa. The module focuses on the notion of transformation and explores its theoretical content as well as practical implications. Students will be expected to investigate and develop a transformative jurisprudence/ a jurisprudence of transformation. Issues to be considered include: human rights and democracy; constitutional sovereignty in South Africa; the notion of transformative constitutionalism; critical engagements with transformation; instantiations of transformation.
Module content:
*For LLB
(a) An overview of the origin and development of the professions of conveyancer and notary
(b) Statutory provisions applicable to conveyancers and notaries
(c) Professional responsibility and ethics
(d) Aspects surrounding the transfer of immovable property, registration of mortgage bonds, servitudes and real rights
(e) Practical drafting of deeds and notarial documents
Module content:
*For LLB
The module has both a theoretical and a community engagement component.
THEORETICAL
(a) Different notions of community
(b) The impact of law on the everyday lives of people and communities
(c) The influence of law and society / sociology of law / Streetlaw
(d) The South African context
COMMUNITY ENGAGEMENT
(a) involvement in local community projects
(b) presentation of seminars with legal themes at schools, factories, prisons and other local communities
(c) drafting of information booklets and conducting research on topics of law for local community bodies.
Module content:
*For LLB
The topics covered include:
Module content:
*For LLB
This module offers an introduction to various legal aspects related to thecontemporary exploitation of mineral resources. A captia selecta of topics include different legal issues in mine development and production; associated environmental and social challenges; mineral resource governance, and the interplay between the UN Sustainable Development Goals and the mining sector.
Module content:
*For LLB
(a) Introduction to the land and land reform law
(b) Capita selecta of policy documentation, constitutional and other statutory measures in respect of the use of land and land reform law
(c) Relevant aspects of conveyancing law
Module content:
*For LLB
(a) General foundations of forensic medicine
(b) Legal basis of the relationship between doctor/hospital and patient
(c) Grounds of justification for medical interventions
(d) Medical negligence and vicarious liability
(e) The patient's privacy and medical confidentiality
(f) Artificial human procreation
(g) Liability for wrongful conception/birth/life
(h) Transsexualism and sex-change operations
(i) The moment of death and euthanasia
(j) Aspects of the medical disciplinary hearings
Module content:
*For LLB
(a) Theoretical and historical background
(b) Conceptual problems
(c) Determination of foreign law
(d) Conflict rules for the determination of an appropriate norm of the
Module content:
*For LLB
The topics covered include:
Module content:
*For LLB
The module focuses on various jurisprudential approaches including philosophical perspectives; critical theory; and other inter- and trans-disciplinary perspectives on law and their response and relation to contemporary issues.
Module content:
*For LLB
(a) The status of children in South African law
(b) The constitutional protection of children
(c) General principles of the Children’s Act 38 of 2005
(d) Parental responsibilities and rights
(e) Children courts
(f) Adoption and alternative care
(g) International instruments pertaining to children’s rights
(h) Inter-country adoption and international abduction
(i) Children and the criminal justice system
Module content:
*For LLB
(a) Introduction to the study of information and communications technology law:
– The place of information and communications technology law in the legal
system
– The nature and scope of information and communications technology law
– Sources of information and communications technology law
– Inception and influence of the Internet
(b) Regulation of the Internet:
– National/International
– Jurisdiction
(c) Aspects of intellectual property law and the Internet
(d) E-commerce activities and the Internet:
– Aspects of jurisdiction and signing of contracts
– Data protection and encryption
– Liability of Internet service providers
(e) Advertising and the Internet
(f) Criminal liability in information and communications technology law
(g) Constitutional aspects in information and communications technology law:
– The right to privacy/freedom of expression/information
Module content:
*For LLB
(a) Law pertaining to selected financial institutions
(b) Banking law
(c) Insurance law
Module content:
*For LLB
Capita selecta from media and communications law in the light of the Constitution.
Module content:
*For LLB
(a) Introduction to local government law in general
(b) Process of local government transformation
(c) Status, objects and challenges of local government
(d) Legal nature and duties of municipalities
(e) Co-operative government
(f) New institutional models in local government
(g) Demarcation of local government jurisdictions.
(h) Composition and election of local government structures
(i) Role of traditional leaders in local government
(j) Powers and functions
(k) Political structures
(l) Municipal services and other functional activities
(m) Human resources and labour issues
(n) Municipal finances and fiscal management
(o) Development, planning and unique local government law matters
Module content:
*For LLB
(a) The nature and scope of environmental law
(b) The Constitution and the environment
(c) Environmental framework regulation
(d) Planning law
(e) Environmental assessment
(f) Water law
(g) Pollution control and waste management
(h) Mining and energy sources
(i) Biodiversity and conservation of forests, plant resources and wild animals
(j) Heritage resources
(k) Living marine resources
Module content:
*For LLB
(a) Introduction to the nature and role of the law of education
(b) Fundamental right to education and constitutional principles relevant to education
(c) Certain specific rights of students, learners, parents and educators
(d) Basic legal principles of education management in public schools
(e) Basic legal principles regarding tertiary education
(f) Other relevant aspects of the law of education
Module content:
*For LLB
An introduction to the medical and social aspects of the disease, and aspects of the legal position of people with HIV/Aids; seminar assignments (mini-dissertations) about problems of a moral and legal nature, such as the criminalisation of HIV infection as a separate statutory offence, implications of the right to health care, notification of HIV/Aids and the limits of privacy, as well as aspects arising from medical experimentation and the development of a vaccine.
Module content:
*For LLB
Section A: Law of Unlawful Competition – the Common Law of Competition
The following aspects will be dealt with:
Section B: Statutory Competition Law - the Competition Act, 1998
The following aspects will be dealt with:
Module content:
*For LLB
(a) General principles and doctrines of the law of damages
(b) Specific principles regarding delictual damages
(c) Specific principles regarding contractual damages
(d) Procedural principles in the law of damages
Module content:
*For LLB
Crimes:
Capita selecta from:
(a) Computer crimes
(b) Liquor and drug offences
(c) Economic offences
(d) Sexual offences
(e) Offences within the family and against children
(f) Offences against animals
(g) Offences relating to dangerous weapons, firearms and explosives
(h) Police and prisons offences
(i) Offences against the public safety and order
(j) Offences against the safety of the state
(k) Offences against the environment
(l) Traffic offences
(m) Minimum sentencing
Forensic criminalistics:
(a) Components and objectives of criminal investigation
(b) Identification, comparison and individualisation
(c) Information-gathering through communication
(d) Serological examinations
(e) Odontological examinations
(f) Dactyloscopic examinations
(g) Trichological examinations
Module content:
a) Scope and functions of social security
b) Old age grants and insurance
c) Employment injuries and unemployment insurance
d) Sickness, invalidity and health care
e) Child and family maintenance
Module content:
*For LLB
(a) Delictual liability
(b) Contractual liability
(c) Criminal liability
(d) Diverse aspects arising from sports
Module content:
*For LLB
(a) International contracts of sale
(b) International contracts of carriage
(c) Insurance contracts in international transactions
Module content:
*For LLB
(a) Aspects of trust law
(b) Aspects of administration of deceased estates
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