Programme: MPhil Medical Law and Ethics (Coursework)

Kindly take note of the disclaimer regarding qualifications and degree names.
Code Faculty Department
04250080 Faculty of Law Department: Public Law
Credits Duration NQF level
Minimum duration of study: 2 years Total credits: 200 NQF level:  09

Programme information

Closing date for applications: SA applicants – 30 September; non-SA applicants – 31 August

A limited number of approximately between 10 and 20 students are selected per year according to the general selection guidelines.

Also refer to the Postgraduate Brochure for the complete study programme as well as the Postgraduate administrative processes after registration.

The curriculum will generally consist of:

  • Three modules counting 30 credits each (at least one of these modules must be completed during the first year of registration).
  • A module in research methodology (RHP 801 - 5 credits) (this module must be completed during the first year of registration).
  • A research proposal (RHP 803 - 5 credits). The student must submit the research proposal to the supervisor no later than the end of the first semester of the second year of registration for the degree, prior to commencing with the writing of the mini-dissertation. This period may be extended with the approval of the relevant head of department.
  • A mini-dissertation. The mini-dissertation must deal with the subject content of one of the modules or a combination of the modules registered for by the student for his/her LLM/MPhil degree. Any request for an extension of the period for submission of the mini-dissertation may only be granted by the Postgraduate Committee on recommendation of the relevant head of department.

Admission requirements

  1. LLB degree or BProc degree or relevant honours degree or relevant degree on SAQA level 8 and relevant work experience in legal aspects in South Africa or Africa
  2. Registration as a healthcare practitioner/allied healthcare practitioner/nurse with the Health Professions Council of South Africa (HPCSA)

 

Other programme-specific information

Mini-dissertation

  • The mini-dissertation must comprise 13 000 – 15 000 words – including footnotes but excluding the list of contents and the bibliography.
  • The examination copies of the mini-dissertation, to send out to the external examiners, must be submitted to Student Administration not later than the end of October for the Autumn Graduation Ceremony, end of April for the Spring Graduation Ceremony. A final electronic version must be submitted to Student Administration on or before 15 February for the Autumn Graduation Ceremony, 15 July for the Spring Graduation Ceremony after the evaluation of the examination copies of the mini-dissertation to comply with degree requirements.

Examinations and pass requirements

In the event of having failed all modules during a particular year of study, a student will only be allowed to continue with his/her studies with the consent of the Postgraduate Committee.

Although no supplementary examination will be granted with regard to LLM and MPhil modules, the General Regulations and rules apply with regard to special and ancillary examinations.

Research information

The relevant head of department must recommend a supervisor and title for a mini-dissertation and these must be approved by the Postgraduate Committee. The mini-dissertation must be assessed and finalised as set out in the Faculty Board-approved LLM/MPhil Policy Document of the Faculty.

Mini-dissertations, where required, must be submitted in the format determined by the supervisor and approved by the Postgraduate Committee. The supervisor may likewise, subject to the approval of the Postgraduate Committee, also determine the research topic and the scope of the proposed research. (Refer to the Faculty of Law regulations regarding mini-dissertations and also Postgraduate administrative processes brochure for the Faculty)

Pass with distinction

For the degree to be awarded with distinction a student must obtain an average of at least 75% for all the coursework modules, as well as a minimum of 75% for the mini-dissertation. The modules must have been written for the first time.

General information

Language of tuition
The official language of tuition is English. However, should circumstances allow it, a master's module may be presented in Afrikaans. The Dean, in consultation with the relevant head of department, determines the language of tuition.

Limiting of modules on offer in a particular academic year and availability to foreign students
The Dean may on recommendation of the relevant head of department limit the number of students to be allowed to register for any MPhil programme or module. Where such limitation applies, prospective students must be informed about the limitation when they apply. Where the Dean allows such a limitation, the relevant head of department must, in consultation with the relevant programme coordinator, select students who otherwise comply with the admission requirements for an MPhil coursework degree, according to the following selection guidelines:

  1. General academic performance in the undergraduate degree; specific academic performance in undergraduate degree module(s) directly related to the particular MPhil; and academic performance in independent research essays or similar components.
  2. Any academic qualifications other than the prescribed undergraduate degree.
  3. Relevant practical experience and training.
  4. Diversity.
  5. Whether the relevant MPhil is the applicant's first choice.
  6. Where an admission examination is prescribed, the results of such examination may be considered in addition to the above criteria. 
  7. Date on which a complete application was received (only complete applications will be considered - incomplete applications will be set aside and will not be considered until a complete application is received).

Where applicants satisfy the criteria set out above, applicants will in general be accepted on a date-of-receipt order of preference.

Re-registration for modules
A student may not register more than twice for the same module. In order to pass a module the student must obtain a final mark of 50%.

The duration of the programme will in general be four semesters (2 years). The two-year period may only be extended by the Postgraduate Committee on recommendation of the relevant head of department based on good reason shown and if it is clear that the student will be able to complete the programme in a further year of study.

Core modules

  • Module content:

    The topics covered include:(a) Historical, philosophical and foundational aspects of medical law and ethics, in general, and with specific reference to the doctor-patient-hospital relationship (b) Basic concepts in medical law and ethics, in general, and with specific reference to informed consent, medical confidentiality, capacity, medical paternalism and patient autonomy. (c) The specific interface between medical law and medical ethics

    View more

  • Module content:

    In this module a multidisciplinary approach is adopted and the topics include the following:

    1. Justice in the allocation of health resources, access to health care and healthcare insurance
    2. The nature, scope and incidences of medical malpractice litigation in South Africa
    3. The nature and scope of damages and compensation for medical negligence
    4. Grounds of justification for medical interventions and other general defences in medical law
    5. The various causes of action in medical malpractice litigation
    6. Vulnerable patients (inclusive of children, the mentally Ill/disabled and the elderly) and medical malpractice litigation
    7. Allied healthcare practitioners (inclusive of nurses, psychologists, traditional healers etc) and medical malpractice
    8. The role of telemedicine and e-health in medical malpractice
    9. Reform of medical malpractice law
    10. The drafting/assessment of pleadings in context of medical malpractice litigation

    View more

  • Module content:

    In this module, specific aspects of medico-legal issues are discussed. Specifics topics include:

    1. A legal analysis of clinical medical research and practice (b) Analysing the application of mental healthcare law and practice in South Africa
    2. The status and application of end-of-life-decisions and living wills
    3. A legal analysis of organ procurement and transplantation
    4. The nature, scope and application of forensic pathology services, also in context of sexual offences, “unnatural deaths’’ and inquest legislation
    5. A legal analysis of human procreation (inclusive of artificial insemination, stem cell research, surrogacy and genetics)
    6. Environmental issues and medical law 
    7. Intellectual property rights and medical law: access to patented and generic medicine

    View more

  • Module content:

    1. Planning and organising a research project
    2. Drafting a research proposal: Hypotheses and research question
    3. Theory in research and methodological approaches to legal research
    4. Language
    5. Citation and ethics of citation
    6. Drafting of chapters and presentation

    View more

Core modules

  • Module content:

    1. The student must submit a research proposal during his/her first year of registration for the LLM degree to the supervisor prior to commencing with the writing of the mini-dissertation.
    2. A mini-dissertation (MND 800) of 13 000 to 15 000 words inclusive of footnotes but excluding the list of contents and the bibliography, is required. The mini-dissertation must be submitted to the supervisor not later than August of the second year of registration for the LLM programme. The mini-dissertation must deal with the subject content of one of the modules or a combination of the modules registered for by the student for his/her LLM degree. Any request for an extension of the period for submission of the mini-dissertation may only be granted by the Dean on recommendation of the LLM Committee

    View more

  • Module content:

    In this module, specific aspects of medico-legal issues are discussed. Specifics topics include:

    1. A legal analysis of clinical medical research and practice (b) Analysing the application of mental healthcare law and practice in South Africa
    2. The status and application of end-of-life-decisions and living wills
    3. A legal analysis of organ procurement and transplantation
    4. The nature, scope and application of forensic pathology services, also in context of sexual offences, “unnatural deaths’’ and inquest legislation
    5. A legal analysis of human procreation (inclusive of artificial insemination, stem cell research, surrogacy and genetics)
    6. Environmental issues and medical law 
    7. Intellectual property rights and medical law: access to patented and generic medicine

    View more

  • Module content:

    Development and presentation of a research  proposal. (A research proposal must be submitted to the supervisor and accepted in the first semester of the second year of study  before the student will be allowed to register for the mini-dissertation.)

    View more


The information published here is subject to change and may be amended after the publication of this information. The General Regulations (G Regulations) apply to all faculties of the University of Pretoria. It is expected of students to familiarise themselves well with these regulations as well as with the information contained in the General Rules section. Ignorance concerning these regulations and rules will not be accepted as an excuse for any transgression.

Copyright © University of Pretoria 2024. All rights reserved.

FAQ's Email Us Virtual Campus Share Cookie Preferences