SCHOOL OF LAW. LLM and LLD Degrees CONTENTS. 1. General. 2. Admission Requirements. 3. The LLM Degree. 4. The LLD Degree

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1 SCHOOL OF LAW LLM and LLD Degrees CONTENTS 1. General 2. Admission Requirements 3. The LLM Degree 4. The LLD Degree 5. Progress and Re-registration 6. Curricula for LLM Degrees 7. Syllabi for LLM Papers 8. Procedures for MPLLW91 (research methodology) 9. Contact Details of Chairs of Departments

2 2 1. GENERAL This brochure deals specifically with the LLM and LLD degrees. If you wish to register for these postgraduate degrees in law, you should also obtain the following from the Registrar: Masters and Doctoral Studies, which contains specific information on requirements for registration, closing dates for registration, fees and instructions for the completion of the registration form. Law: LLM and LLD Degrees 2. ADMISSION REQUIREMENTS LLM DEGREE: To be admitted to the studies for the LLM degree, candidates must hold at least one of the following qualifications: (a) (b) (c) a South African LLB degree a foreign LLB degree (minimum four years) the BProc degree plus one of the following: successful completion of the attorney s admission examinations, or four (4) approved LLB modules, selected from the optional modules of the LLB degree (d) a foreign three-year LLB degree plus one of the following: admission to the legal profession in the relevant country, or four approved LLB modules, selected from the elective modules of the LLB degree (e) (f) a relevant postgraduate diploma a foreign LLM degree Note that although an LLM degree may be obtained by a student who is in possession of the BProc degree, the position under the Admission of Advocates Act 74 of 1964, and the Attorneys Act 53 of 1979 remains that only candidates in possession of an LLB may be admitted as advocates or attorneys. Note too that the LLB degree may not be awarded to a student on the strength of an LLM obtained, since the same modules/papers may not be offered for both degrees.

3 3 LLD DEGREE: To be admitted to studies for the LLD degree, you must hold at least one of the following qualifications: (a) (b) the LLB degree, completed in accordance with the curriculum prescribed before 1998 (the old five-year LLB). The new four-year LLB is therefore not sufficient. From 2012 only applicants who hold an LLM degree will be accepted. the LLM degree. Possession of the qualification required for admission does not automatically grant you admission to the LLM or LLD degree. Admission depends on, inter alia, your academic record. Before negotiations are undertaken with the head of the department concerned and/or the prospective supervisor/promoter regarding the choice of a title for the research Master s degree (Curriculum A) dissertation or the doctoral thesis, you must apply in writing to the Registrar for admission to postgraduate studies. If you are a candidate for the LLM Curriculum B (coursework), you should submit the registration form, fees, original transcripts and details of the papers for which you want to register for the current year when you apply to the Registrar for admission to postgraduate studies. Your application must be accompanied by an original transcript of your complete academic record, issued by the Registrar of your previous university/universities (studies completed at Unisa excluded). It is important that your academic record should be detailed and reflect the exact marks obtained. You may be requested to provide further facts and explanations in support of an academic record that is incomplete or unclear. If you are registering for a dissertation or thesis, you should indicate the branch of law within which you wish to further your studies. If you have informally negotiated with the lecturer concerned before admission and between the two of you have reached an agreement on a title, it should not be taken for granted that such an agreement implies that your application for admission will be successful. Should there be any doubt about your ability to undertake postgraduate studies, you may be required to prove your ability in a manner decided on by the College Executive Committee. 3. THE LLM DEGREE For the master s degree, you may choose between the traditional research Master s degree (Curriculum A) and the structured coursework Master s degree (Curriculum B). You should indicate clearly on the application form the curriculum for which you are registering. The dissertation component of an LLM degree requires proof of independent research and/or critical evaluation of research literature conducted according to recognized scientific methods; mastery of the terminology of the subject and your ability to formulate ideas; and integration of literature on a particular theme. You

4 4 should point out the significance of your research and the implications of your findings. 3.1 Curriculum A: Research LLM The qualification consists of the following two components: A module entitled Research Methodology for Law (MPLLW91) A dissertation of approximately words on an approved topic. Students decide on a topic in consultation with the Chair of the relevant department and/or the designated supervisor. Although there is no fixed time limit for the completion of the research LLM, the programme should be completed within four years. Re-registration is considered annually based on a candidate s progress. The qualification may not be completed in less than a year Formal application If you meet the minimum requirements, you may register. This is done by submitting to the Registrar. a formal application including all the required documentation to register for the module Research Methodology for Law (MPLLW91) on the prescribed form. On the form you must indicate the proposed title and, if you know who it will be, the supervisor Research proposal The title is then submitted to the relevant Department who will submit the title and name of the supervisor to the College Executive Committee for approval. If necessary, the Chair of Department or intended supervisor will contact you to discuss the title before it is submitted to the College Executive Committee. You must tehn complete a research proposal to the satisfaction of your supervisor. The approved research proposal is the outcome of the research methodology module MPLLW91. No examination is written in this module. You will not be allowed to register for the dissertation until you have completed the research proposal. It is important that you maintain contact with your supervisor during this phase of your studies. You should complete the research proposal within one year of the date of registration. The supervisor may recommend that you be allowed to register for it for a second year. If you do not meet the outcome of this module within the prescribed time you will not be allowed to continue with your studies Registration for dissertation Once your supervisor has approved your research proposal you may register for the dissertation on the approved topic. Throughout the process of writing your dissertation you must continue to work closely with your supervisor.

5 5 Please note: While you are to a large extent allowed to determine your own progress, you are not allowed an indefinite period of time before presenting yourself to your supervisor, the reason being that re-registration is considered annually and may be refused on the grounds of unsatisfactory progress Dissertation For requirements, submission dates, the procedure and examination of the dissertation, you are referred to myregistration@unisa 2011 Masters and Doctoral Studies and the brochure General information: Master s and Doctor s degrees. A mark of at least 50% must be obtained for the dissertation. 3.2 Curriculum B: Coursework LLM This LLM is offered through structured coursework which consists of LLM papers, and a short dissertation of words. You may choose your curriculum from a range of specialist LLM coursework degrees (see below). The curriculum has been designed in such a way as to enable you to complete the degree in two years. Although there is no fixed time limit for completion of the degree, the programme should be completed within three years. Re-registration is considered annually on the basis of a candidate s progress. The degree may not be completed in less than a year. Candidates who obtained less than an average of 60% for the LLB degree are advised to register for only two LLM papers in their first year of registration. Candidates who have not passed any of the LLM papers at the end of the first year of registration should, when applying for re-registration, offer an explanation as to why they have not progressed and why they should be allowed to continue with their studies Compilation of curriculum As indicated above, you may register for any one of our specialist LLM degrees. All students must first register for MPLLW91 and have their research proposal approved before registering for and commencing with the dissertation. The procedure for registering for the dissertation is the same as that set out in paragraphs above. Note again that the research proposal must be approved by the (intended) supervisor before the student begins writing the dissertation. Guidelines on the writing of a research proposal may be found in the study material for MPLLW91. You should ensure that you have registered for the correct papers/modules. Although exchanges are allowed, you may forfeit the minimum initial amount payable for a particular paper/module. LLM DEGREES The following LLM degrees are presently offered in the School of Law (the specialisation codes appear in brackets):

6 6 Department of Constitutional, International and Indigenous Law LLM with specialisation in international economic law (INE) LLM with specialisation in fundamental rights (FUR) Department of Criminal and Procedural Law LLM with specialisation in criminal law and criminal procedure (CRI) Department of Jurisprudence LLM with specialisation in the legal aspects of HIV/AIDS (HIA) Department of Mercantile Law LLM with specialisation in banking law (BAN) LLM with specialisation in commercial law (COM) LLM with specialisation in corporate law (COP) LLM with specialisation in information technology law (ITF) LLM with specialisation in insurance law (INL) LLM with specialisation in intellectual property law (INP) LLM with specialisation in labour law (LAL) LLM with specialisation in tax law (TAL) Department of Private Law LLM with specialisation in family law (FAL) LLM with specialisation in private law (PRL) LLM with specialisation in property law (PRP) Please note: The curricula for the LLM degrees appear under 6 below. Please see 7 below for the syllabi of the various LLM papers. LLM papers: A candidate may choose from the following LLM papers: Department of Private Law Advanced property law (MADPLWW) Child law (MCHILW5) Constitutional property law (MPROLWD) Credit security (MCRELW4) Dissertation (LLMSKPU) Drafting of commercial contracts (MDCCLWX) Information technology law 2 (private law) (MITLW24) Law of delictual damages (MDELLW8) Marriage law (MFAMLW4) Department of Jurisprudence Dissertation (LLMSKRW) Information technology law 4 (select aspects) (MITLW46) Proprietary consequences of marriage (MPCMLW4) Legal aspects of HIV/AIDS 1: HIV/AIDS in the health care context (LLMHHC4) Legal aspects of HIV/AIDS 2: HIV/AIDS and selected areas of the law

7 7 (LLMHSAR) Legal aspects of HIV/AIDS 3: The rights and duties of persons living with HIV/AIDS (LLMHRDS) Department of Mercantile Law Banking law 1 (MBALW19) Banking law 2 (MBALW2A) Company law 1 (MCLAW1R) Company law 2 (MCLAW2S) Competition law (MCPTLWD) Copyright (MCOPLWS) Design law (MDESLWV) Dissertation (LLMSKHL) Employment discrimination law (MENDSLU) Estate duty, donations tax and transfer duty (MESDLWG) Income tax law 1 (MTX1LW9) Income tax law 2 (MTX2LWC) Information technology law 3 (intellectual property law) (MITLW35) Insolvency, winding-up and judicial management (MIWJLWC) Insurance law 1 (MINLW19) Insurance law 2 (MINLW2A) Intellectual property aspects of global information networks (MGINLWG) Labour law 1 (MLALW1W) Labour law 2 (MLALW2X) Law of trade marks (MTRDLWV) Patent law (MPATLWJ) Social security law (MSOSELY) The law relating to negotiable instruments (MNINLWN) Value-added tax (MVATLWK) Department of Criminal and Procedural Law Criminal law (MCRLAW3) Criminal procedure (MCRPLW9) Dissertation (LLMSKSX) Evidence (MEVDLWU) Information technology law 1 (evidence and criminal law) (MITLW13) Forensic medicine (MFORLWJ) Medical law (MMEDLWV) Department of Public, Constitutional and International Law Administrative law (MADMLWM) Advanced principles of public international law (MPINLWY) Constitutional interpretation (MSINLWJ) Constitutional law (MCSTLWR) Development law (MDEVLW9) Dissertation (LLMSKCF) Fundamental rights litigation 1 (MFR1LWX)

8 8 Fundamental rights litigation 2 (MFR2LW4) International economic law (MIECLW5) International human rights (MIHRLW4) International law on foreign investment (MINLFIE) Examinations LLM papers The examinations in the LLM papers are written examinations of four hours each and take place at the same time as the other postgraduate examinations of the University, namely in January/February. The pass mark for all LLM papers is 50%. Please note that the yearmark, namely the mark achieved for the assignments, counts as part of the final mark. The study material for a particular course contains details regarding the examination, which may, but will not necessarily, be an openbook examination Short dissertation We recommend that you do the LLM papers before the research methodology module and the dissertation. The coursework papers prepare students for quicker and successful completion of the dissertation and also help to identify relevant topics. The subject of the short dissertation must fall within the range of subject matter of one of the papers for which you were registered and, as in the case of curriculum A above, the title is chosen in consultation with the Chair of the department concerned and/or the probable supervisor. The choice of title and appointment of supervisor are subject to approval by the Executive Committee of the College of Law. As was mentioned under paragraph above, your supervisor must approve your research proposal before you may register for the dissertation. Your attention is drawn to the fact that the short dissertation must conform to the norm of a publishable article as regards the standard of work. All candidates who register for a short dissertation will have completed the Research Methodology for Law module (MPLLW91). The tutorial matter for the module sets out formal prescriptions and general guidelines on the format of the dissertation, as well as some guidance in the writing of the dissertation. Work on the short dissertation must be done in collaboration with the supervisor, who must be consulted on a continuous basis. Only if this is done will the supervisor be in a position to judge whether the short dissertation is of a satisfactory standard and whether permission to submit for examination should be given. In other words, when candidates give notice of their intention to hand in their short dissertations for examination, supervisors should not be confronted with a completed short dissertation that they have never seen before. Note that you must, with the knowledge of your supervisor, notify the Registrar of your intention to submit the dissertation for examining. The supervisor must consent to submission, failing which Senate approval is required for submission..

9 9 The short dissertation may then be submitted for examining. Further particulars in this regard are provided in a special tutorial letter, which will be sent to all students concerned. A dissertation may be submitted for examination at any time during the year, but if you submit it after 30 November you may have to re-register for the next academic year, since the results may not be available timeously. The pass mark for the short dissertation is 50%. Note too that if the outcome of MPLLW91, namely the acceptance of the research proposal by the supervisor, should be achieved within one year of registration. In appropriate circumstances and dependent upon progress made, registration for this module will be allowed for a second year with the consent of the supervisor. The proposal must be completed within the prescribed time, failing which you will not be allowed to continue with your studies for the qualification. 4. THE LLD DEGREE The curriculum for the LLD degree corresponds to that of Curriculum A of the LLM degree (see above). The qualification consists of the following two components: A module entitled Research Methodology for Law (DPLLW01) A thesis of approximately to words on an approved topic What was said above concerning admission, the registration procedure and examination for the LLM degree applies mutatis mutandis to the LLD degree. A doctoral thesis is required to demonstrate evidence of in-depth independent research and understanding of the topic. It should constitute an original scientific contribution. The criteria for admission to the LLD degree are stricter than the criteria for the LLM degree, specifically with regard to the candidate s academic record. The usual period of study allowed for completion of the LLD is six years. Re-registration is considered annually on the basis of a candidate s progress. 5. PROGRESS AND RE-REGISTRATION As stated above, the University s general rules apply regarding duration of study and the procedure to be followed for re-registration. You are advised to refer to these rules. Please note that, in the absence of an acceptable justification, re-registration may be refused on the ground of unsatisfactory progress. If you have not passed any papers in a particular year, it is advisable to attach a letter substantiating your application for re-registration. As a general rule, it may be stated that a candidate will normally not be allowed to spend more than three years on Curriculum B of the LLM degree, a maximum of four years on Curriculum A and a maximum of six years on the LLD degree. In exceptional cases, these periods may be exceeded.

10 10 We want to emphasise that a candidate s progress is monitored every year. Should you foresee that you would not be able to make any progress during a particular year you are advised to submit to the Registrar an application, with reasons, to defer your studies to the following academic year. Should you decide not to re-register, your registration will lapse and when re-registering later, you will have to follow the same procedure as when you first registered. Then there is the added risk that in the meantime other candidates may have been allowed to work on your approved topic. 6. CURRICULA FOR LLM DEGREES MASTER OF LAWS WITH SPECIALISATION IN BANKING LAW (BAN) The curriculum comprises the following five components: (1) Banking law 1 (MBALW19) (2) Banking law 2 (MBALW2A) (3) The law relating to negotiable instruments (MNINLWN) (4) Research methodology for law (MPLLW91) (5) A short dissertation on an approved topic in the field of banking law or negotiable instruments (LLMSKHL) MASTER OF LAWS WITH SPECIALISATION IN COMMERCIAL LAW (COM) The curriculum comprises five components: (1) Research methodology for law (MPLLW91) (2) A short dissertation on an approved topic in the field of commercial law (LLMSKHL) plus THREE of the following: (3) Banking law 1 (MBALW19) (4) Banking law 2 (MBALW2A) (5) Company law 1 (MCLAW1R) (6) Company law 2 (MCLAW2S) (7) Competition law (MCPTLWD) (8) Copyright (MCOPLWS) (9) Design law (MDESLWV) (10) Employment discrimination law (MENDSLU) (11) Estate duty, donations tax and transfer duty (MESDLWG) (12) Income tax law 1 (MTXILW9) (13) Income tax law 2 (MTX2LWC) (14) Information technology law 3 (intellectual property law) (MITLW35) (15) Insolvency, winding-up and judicial management (MIWJLWC) (16) Insurance law 1 (MINLW19) (17) Insurance law 2 (MINLW2A) (18) Labour law 1 (MLALW1W) (19) Labour law 2 (MLALW2X) (20) Law of trade marks (MTRDLWV) (21) Patent law (MPATLWJ) (22) Social security law (MSOSELY)

11 11 (23) The law relating to negotiable instruments (MNINLWN) (24) Value-added tax (MVATLWK) MASTER OF LAWS WITH SPECIALISATION IN CORPORATE LAW (COP) The curriculum comprises the following five components: (1 Company law 1 (MCLAW1R) (2) Company law 2 (MCLAW2S) (3) Research methodology for Law (MPLLW91) (4) A short dissertation on an approved topic in the field of corporate law (LLMSKHL) plus ONE of the following: (5) Insolvency, winding-up and judicial management (MIWJLWC) (6) Competition law (MCPTLWD) (7) Drafting of commercial contracts (MDCCLWX) (8) Income tax law 1 (MTX1LW9) (9) Income tax law 2 (MTX2LWC) MASTER OF LAWS WITH SPECIALISATION IN CRIMINAL LAW AND CRIMINAL PROCEDURE (CRI) The curriculum comprises the following five components: (1) Criminal law (MCRLAW3) (2) Criminal procedure (MCRPLW9) (3) Research methodology for Law (MPLLW91) (4) A short dissertation on an approved topic in the field of criminal law or criminal procedure (LLMSKSX) plus ONE of the following: (5) Evidence (MEVDLWU) (6) Information technology law 1 (evidence and criminal law) (MITLW13) (7) Constitutional interpretation (MSINLWJ) (8) Medical law (MMEDLWV) (9) Forensic medicine (MFORLWJ) MASTER OF LAWS WITH SPECIALISATION IN FAMILY LAW (FAL) The curriculum comprises the following five components: (1) Child law (MCHILW5) (2) Marriage law (MFAMLW4) (3) Proprietary consequences of marriage (MPCMLW4) (4) Research methodology for law (MPLLW91) (5) A short dissertation on an approved topic in the field of family law (LLMSKPU) MASTER OF LAWS WITH SPECIALISATION IN FUNDAMENTAL RIGHTS

12 12 (FUR) Fundamental rights litigation 2 may only be taken simultaneously with, or after completion of Fundamental rights litigation 1. However candidates are strongly advised to take Fundamental rights litigation 1 and 2 in consecutive years. A candidate who has passed the paper MHUMLW-8 (Human rights) may register for Fundamental rights litigation 2. The curriculum comprises the following five components: (1) Fundamental rights litigation 1 (MFR1LWX) (2) Fundamental rights litigation 2 (MFR2LW4) (3) Research methodology for law (MPLLW91) (4) A short dissertation on an approved fundamental rights topic (LLMSKCF) plus ONE of the following: (5) Constitutional interpretation (MSINLWJ) (6) Constitutional law (MCSTLW-R) (7) Equality and difference (MEQDLW-8) (8) International human rights (MIHRLW-4) MASTER OF LAWS WITH SPECIALISATION IN INFORMATION TECHNOLOGY LAW (ITF) The curriculum comprises five components: (1) Research methodology for law (MPLLW91) (2) A short dissertation on an approved topic in the field of information technology law (LLMSKHL) plus THREE of the following: (3) Information technology law 1 (evidence and criminal law) (MITLW13) (4) Information technology law 2 (private law) (MITLW24) (5) Information technology law 3 (intellectual property law) (MITLW35) (6) Information technology law 4 (select aspects) (MITLW46) MASTER OF LAWS WITH SPECIALISATION IN INSURANCE LAW (INL) The curriculum comprises the following five components: (1) Insurance law 1 (MINLW19) (2) Insurance law 2 (MINLW2A) (3) Research methodology for law (MPLLW91) (4) A short dissertation on an approved topic in the field of insurance law (LLMSKHL) plus ONE of the following: (5) Company law 1(MCLAW1R)

13 13 (6) Estate duty, donations tax and transfer duty (MESDLWG) (7) Income tax law 1 (MTX1LW9) (8) Income tax law 2 (MTX2LWC) MASTER OF LAWS WITH SPECIALISATION IN INTELLECTUAL PROPERTY LAW (INP) The curriculum comprises the following five components: (1) Research methodology for law (MPLLW91) (2) A short dissertation on an approved topic in the field of intellectual property law (LLMSKHL) plus THREE of the following: (3) Competition law (MCPTLWD) (4) Copyright (MCOPLWS) (5) Design law (MDESLWV) (6) Intellectual property aspects of global information networks (MGINLWG) (7) Law of trade marks (MTRDLWV) (8) Patent law (MPATLWJ) MASTER OF LAWS WITH SPECIALISATION IN INTERNATIONAL ECONOMIC LAW (INE) The curriculum comprises the following five components: (1) Advanced principles of public international law (MPINLWY) (2) International economic law (MIECLW5) (3) International law on foreign investment (MINLFIE) (4) Research methodology for law (MPLLW91) (5) A short dissertation on an approved topic in the field of international economic law (LLMSKCF) MASTER OF LAWS WITH SPECIALISATION IN LABOUR LAW (LAL) The curriculum comprises the following four components: (1) Labour law 1 (MLALW1W) (2) Labour law 2 (MLALW2X) (3) Research methodology for law (MPLLW91) (4) A short dissertation on an approved topic in the field of labour law (LLMSKHL) plus ONE of the following: (5) Employment discrimination law (MENDSLU) (6) Social security law (MSOSELY)

14 14 MASTER OF LAWS WITH SPECIALISATION IN THE LEGAL ASPECTS OF HIV/AIDS (HIA) The curriculum comprises the following five components: (1) Legal aspects of HIV/AIDS 1: HIV/AIDS in the health care context (LLMHHC4) (2) Legal aspects of HIV/AIDS 2: HIV/AIDS in selected areas of the law (HIV/AIDS in the workplace; HIV/AIDS and children) (LLMHSAR) (3) Legal aspects of HIV/AIDS 3: The rights and duties of persons living with HIV/AIDS (LLMHRDS) (4) Research methodology for law (MPLLW91) (5) Legal aspects of HIV/AIDS 4: A dissertation on an approved topic in the field of HIV/AIDS and the law (LLMSKRW) MASTER OF LAWS WITH SPECIALISATION IN PRIVATE LAW (PRL) The curriculum comprises five of the following components: (1) Research methodology for law (MPLLW91) (2) A short dissertation on an approved topic in the field of private law (LLMSKPU) plus THREE of the following: (3) Advanced property law (MADPLWW) (4) Child law (MCHILW5) (5) Constitutional property law (MPROLWD) (6) Credit security (MCRELW4) (7) Drafting of commercial contracts (MDCCLWX) (8) Information technology law 2 (private law) (MITLW24) (9) Law of delictual damages (MDELLW8) (10) Marriage law (MFAMLW4) MASTER OF LAWS WITH SPECIALISATION IN PROPERTY LAW (PRP) The curriculum comprises the following five components: (1) Research methodology for law (MPLLW91) (2) A short dissertation on an approved topic in the field of property law (LLMSKPU) (3) Advanced property law (MADPLWW) (4) Constitutional property law (MPROLWD) (5) Credit security (MCRELW4) MASTER OF LAWS WITH SPECIALISATION IN TAX LAW (TAL)

15 15 The curriculum comprises the following five components: (1) Research methodology for Law (MPLLW91) (2) A short dissertation on an approved topic in the field of tax law (LLMSKHL) plus THREE of the following: (3) Estate duty, donations tax and transfer duty (MESDLWG) (4) Income tax law 1 (MTX1LW9) (5) Income tax law 2 (MTX2LWC) (6) Value-added tax (MVATLWK) 7. SYLLABI FOR LLM PAPERS 7.1 DEPARTMENT OF CONSTITUTIONAL, INTERNATIONAL AND INDIGENOUS LAW Administrative law (MADMLWM) The paper entails a detailed study of administrative law with special emphasis on the following: 1. An open and transparent administration, bureaucratic accountability and the role of the courts and administrative tribunals in controlling corruption. 2. The discretionary powers of the state administration and rule making by the administration. 3. The administrative act, administrative justice and the limitation clause under the new constitutional dispensation Advanced principles of public international law (MPINLWY) NB: Only candidates who have passed an approved course in public international law may take this paper. This does not apply to a candidate who registers for the LLM degree with specialisation in international economic law. The paper consists of the following four topics: 1. The relationship between public international law and South African municipal law 2. Jurisdiction 3. State immunity 4 Act of state Constitutional Interpretation (MSINLWJ) An advanced study of constitutional interpretation with specific reference to the

16 16 Constitution of the Republic of South Africa 1996 and with particular emphasis on the following: Constitutional interpretation in a legal order based on constitutional supremacy; the judiciary and value judgments; judicial lawmaking, constitutionalism and constitutional review by the courts; specific models of constitutional interpretation; the practical implications of constitutional supremacy and the boundaries of judicial activism; the constitutional state (Rechtsstaat) and the fundamental constitutional values; and the interpretation and enforcement of socioeconomic rights Constitutional law (MCSTLWR) It is assumed that candidates will have a sound knowledge of constitutional law in general and South African constitutional law in particular. The paper entails an advanced study of aspects of constitutional law such as the following: Constitutionalism and the separation of powers; systems of government, federalism and local government; representation and electoral systems Development law (MDEVLW9) This course deals with the relationship between law and the political, economic and social development of developing countries. Development Law has become important in view of the government s initiation of the New Partnership for Africa s Development (Nepad) and the launch of the African Union (AU). Because of the interdisciplinary nature of this course, students from other colleges may also qualify to register. Government employees, policy makers, people working with NGOs and all serious academics will find this course intellectually stimulating and of great practical relevance. The paper in Development law has three sections: Section A deals with the nature, scope and purposes of development law, its history and the right to development. Section B deals with aspects of international law, focusing on the liberalisation of trade, development assistance, and aid and finance. Section C offers a choice between the following themes: (i) transitional justice, dealing with the democratisation of law, the rise of popular justice, and globalisation and law, or (ii) land reform, dealing with issues of land redistribution, restitution of land rights and security of land tenure rights. Comparative land reforms from other countries are also considered Fundamental rights litigation 1 (MFR1LWX) A candidate who has passed the paper (LLM)(MHUMLW-8) may not register for this paper. The aim of this paper is to enable students to argue fundamental rights cases in

17 17 an informed and imaginative manner and to critically evaluate fundamental rights arguments. This paper should provide students with the theoretical knowledge they require for Fundamental rights litigation 2. The paper consists of the following topics: 1. Conceptions and critique of fundamental rights 2 Rights, constitutionalism, democracy and the separation of powers 3 Modes of constitutional interpretation and argumentation 4 Application 5 Selected capita: specific fundamental rights guarantees 6 Limitations (including proportionality analysis) Fundamental rights litigation 2 (MFR2LW4) This paper may be taken only if the paper Fundamental rights litigation 1 (LLM) (MFR1LW-X) has already been passed or is taken concurrently. However, candidates are strongly advised to take Fundamental rights litigation 1 and 2 in consecutive years. The paper comprises the following four components: 1. Jurisdiction in constitutional matters and procedures of the courts Common-law jurisdiction of the courts, exclusive jurisdiction of the constitutional court, confirmation of declarations of invalidity, direct access, direct appeals and appeals from the Supreme Court of Appeal. 2. Court rules and practice directions: Magistrates courts; High Courts; the Constitutional Court The exclusive jurisdiction of the Constitutional Court, confirmation of declarations of invalidity, direct access, direct appeals and appeals from the Supreme Court of Appeal. 3. Access to court and justiciability The identification of fundamental right infringements, putting sufficient evidence before the court and specifically rule 30 of the Constitutional Court Rules (the Brandeisbrief). 4. Legal drafting The drafting of pleadings and/or heads of argument International economic law (MIECLW5) The paper consists of the following four capita selecta:

18 18 1. The nature and sources of international economic law and its relation to public international law and the emerging international lex mercatoria. 2. The legal regulation of the international economy and international economic institutions. 3. International legal transactions with special emphasis on the role of the state. 4. Money in international law with special emphasis on monetary sovereignty International human rights (MIHRLW4) The paper involves an advanced study of the nature and sources of international human rights law. A study is made of both universal and regional international human rights instruments. The enforcement of rights under the various systems is considered with particular reference to the margin of appreciation. The role and application of international human rights in the South African context are examined International law on foreign investment (MINLFIE) This paper entails an advanced study of the nature, principles and practical application both nationally and internationally of international law on foreign investment. It consists of the following topics: 1. The sources of international law on foreign investment 2. The international regulatory regime 2.1 Admission and entry 2.2 Treatment and conditions of operation 3 Investment contracts 4 Expropriation 5 Accountability of the host state 6 Protection by the investor s home state 7 Dispute settlement 7.2 DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW Criminal law (MCRLAW3) Students must study four capita for the examination. These are the following: 1. The requirement of culpability in criminal law. 2. Any three of the following capita: (a) (b) Specific crimes under international criminal law. Computer crime.

19 19 (c) (d) Constitutional aspects of criminal law. The anticipatory crimes, that is, attempt, conspiracy and incitement. NB: Not all the abovementioned capita selecta will necessarily be offered in any given year Criminal procedure (MCRPLW9) Any two of the following capita, or any other capita approved by the Board of the College: 1. The constitutional right of every accused person to a fair trial, with special reference to the right to have his/her trial begin and conclude without unreasonable delay, that is, the right to a speedy trial: interpretation and the impact of foreign and international law. 2. Discretion and criminal procedure: aspects of police, prosecutorial and judicial exercise of discretion in the criminal process. 3. A historical and comparative study of the pleas known as autrefois convict and autrefois acquit in the South African criminal procedure 4. A comparative study of the development of and current position regarding accusatorial and inquisitorial criminal procedural systems, with particular reference to procedures relating to interrogation and pleading. 5 Appeals and reviews in the South African criminal procedure: a comparative and historical development study, including the present position 6 A study of the process through which the sentencing decision is reached, which includes an overview of the sentence discretion, the basic principles that courts apply in order to reach a decision on an appropriate sentence, basic mitigating and aggravating factors, and comparative solutions to the problems associated with the sentence discretion, as well as a detailed look at the influence of prescribed minimum sentences. This caput is aimed at providing practical guidance for the imposition of sentences. NB: Not all the abovementioned capita selecta will necessarily be offered in any given year Evidence (MEVDLWU) An advanced study of any three of the following capita, or any other caput approved by the Board of the College. 1. The hearsay rule 2. The burden of proof and the measures of proof 3. The admissibility and assessment of admissions and confessions in criminal proceedings 4. Evidential privilege in civil and criminal proceedings 5. The admissibility of computer-generated evidence

20 20 6. The exclusionary rule NB: Not all the abovementioned capita selecta will necessarily be offered in any given year Information technology law I (Evidence and Criminal law (MITLW13) 1. Criminal law 1.1 Common law: the problems posed by intangibles 1.2 Crimes created by statutes 1.3 Security, including the interception and monitoring of data 1.4 Jurisdiction 2. Evidence 2.1 Documentary evidence relating to information technology 2.2 Statutory evidential measures 2.3 Document retention 2.4 Electronic signatures, and developments in technology Forensic medicine (MFORLWJ) Curriculum: 1. Medico-legal aspects of sudden and unexpected deaths of children and infants. 2. Medico-legal aspects of sexual offences, abortion, infanticide and concealment of birth, Caffey s syndrome. 3. Medico-legal aspects of acute alcoholic intoxication Medical law (MMEDLWV) Curriculum: Three capita from the following: 1. The doctrine of informed consent 2. Medico-legal issues relating to the treatment of terminal patients 3. Medico-legal issues surrounding in vitro fertilisation 4. Legal liability for so-called wrongful life 7.3 DEPARTMENT OF JURISPRUDENCE Information technology law 4 (selected aspects) (MITLW46) 1. Information technology issues relating to public bodies 1.1 Obligations of public bodies affecting information technology 1.2 The role of technology in meeting obligations

21 Legal implications of technology used to meet obligations 2. e-government (including technology policies and standards, and their legal implications) 3. Service delivery (including legal implications of technology in service delivery, automated systems, and computerised case processing) 4. Tax implications of information technology (including the direct and indirect taxation of electronic commerce, and the electronic filing of tax returns and collection of taxes) 5. Financial services in the digital environment 5.1 Electronic payment systems, with specific reference to the Internet 5.2 Electronic intermediaries 5.3 Fraud and security 5.4 Regulation of financial services (including e-cash) 6. Online resolution of commercial disputes (including online mediation and arbitration) Proprietary consequences of marriage (MPCMLW4) The purpose of this paper is to equip students with the knowledge and skills to solve matrimonial property issues in a conflict of laws/private international law context. The paper comprises three sections: Section A An introduction to proprietary consequences of marriage: 1. The conflict rule 2. The connecting factor 3. Issues of characterisation Section B A comparative study of selected common law and civil law systems with regard to proprietary consequences of marriage Section C A critical evaluation of the current South African legal position and its effect on the position of women, and proposals for law reform The legal aspects of HIV/Aids 1: HIV/Aids in the health care context (HHC4) The purpose of this paper is to equip students with advanced knowledge, specific skills and applied competence in the law as it relates to HIV/Aids in the health

22 22 care context. The paper comprises the following components: 1. Background to the HIV/Aids epidemic 2. HIV/Aids and public health responses 3. HIV/Aids and vaccine research trials Legal aspects of HIV/Aids 2: HIV/Aids - Selected areas of the law (HIV/Aids in the workplace; HIV/Aids and children) (HSAR) The purpose of this module is to equip students with advanced knowledge, specific skills and applied competence in the law as it relates to HIV/Aids and selected areas of the law. The paper comprises the following components: 1. HIV/Aids in the workplace (including, relevant legislation and case law) (offered by the Department of Mercantile Law) 2. HIV/Aids and children (including legislation and policy documents relating to the status and position of children with HIV/Aids) in schools and the welfare system (offered by the Department of Jurisprudence) Legal aspects of HIV/Aids 3: The rights and duties of persons living with HIV/Aids (HRDS) The purpose of this module is to equip students with advanced knowledge, specific skills and applied competence in the law as it relates to HIV/Aids and the rights and duties of persons with HIV/Aids. The paper comprises the following components: 1. International human rights law 2. South African human rights law 3. HIV/Aids and harmful HIV-related behaviour 7.4 DEPARTMENT OF MERCANTILE LAW Banking law 1 (MBALW19) This paper is offered in English only. Students may submit their assignments and examination answer scripts in Afrikaans. This paper entails an advanced study of the following capita selecta: 1. Banking and banking supervision 1.1 Banking regulation

23 Banks Act 94 of 1990 and other legislation regulating financial institutions 1.3 Money laundering 1.4 Foreign banks 1.5 Central banking: the South African Reserve Bank 2. Banks and their customers 2.1 The bank-customer relationshiplaw: LLM and LLD Degrees 2.2 The bank as a borrower: taking deposits 2.3 The duty of confidentiality and bank secrecy 3 Banks and financing 3.1 Financing by way of loans 3.2 Overdraft facilities on cheque accounts 3.3 Syndicated loans 3.4 Financial leasing 3.5 Letters of undertaking 4. Exchange control Banking law 2 (MBALW2A) This paper is offered in English only. Students may submit their assignments and examination answer scripts in Afrikaans. This paper entails an advanced study of the following capita selecta: 1. Money payments 2. Paper-based payments and methods of payment other than negotiable instruments 2.1 Credit cards 2.2 Other payment cards 2.3 Letters of credit (documentary letters of credit and electronic letters of credit) 2.4 Travellers cheques 2.5 Stop orders and debit orders 2.6 Postal orders 3. Electronic payments 3.1 Electronic payment systems 3.2 Netting 4 Instruments of finance 4.1 Performance bonds, letters of intent, and guarantees 4.2 Letters of comfort 4.3 Swaps 4.4 Futures and options

24 Company law 1 (MCLAW1R) This paper entails an advanced study of the following: 1. The nature and functions of the company 2. Incorporation and constitution 3. Capacity and representation 4. Capital, shares, profits and dividends 5. Members: their rights and duties 6. Company groupings 7. Close corporations Company law 2 (MCLAW2S) This paper entails an advanced study of the following: 1. Management, with particular reference to directors 2. Reorganisation, alterations in control, arrangements and compromises 3. Annual financial statements and auditors 4. Winding-up and judicial management 5. Investor protection 6. Corporate delinquents Competition law (MCPTLWD) The paper entails an advanced study of private and public competition law, with special reference to the following topics from which various capita selecta will be prescribed each year in which the paper is offered: 1. Case studies of public law regulation of competition 2. The relationship between the public law and private law of competition 3. A comparative study of the competition laws of selected overseas countries Copyright (MCOPLWS) The paper entails an advanced study of the law of copyright, with special reference to the following topics from which various capita selecta will be prescribed each year in which the paper is offered. 1. The ownership of copyright 2. The subject matter of copyrights 3. Requirements for the subsistence of copyright 4. Infringement of copyright and the remedies in respect thereof under the Copyright Act 98 of 1978 and common law

25 25 5. The assignment and transmission of copyright, including the granting of copyright licences; publishing agreements 6. Collective administration of rights; rights management information 7. International copyright law: conventions and developments; comparison of South African copyright law with other systems 8. Copyright and breaches of confidence Design law (MDESLWV) NB: This paper may be taken only if the paper Copyright law (LLM) (MCOPLW-S) has already been passed or is taken concurrently. This paper entails an advanced study of the following capita selecta: 1. History and theory of design (including the form/function dichotomy) 2. International legal framework 3. Protection of registered designs 3.1 Subject matter; distinction between functional and aesthetic designs 3.2 Requirements for protection 3.3 Exclusions (including spare parts) 3.4 Scope of protection 3.5 Ownership; term of protection; licensing 3.6 Infringement and remedies 4 Hybrid forms of design protection (including trade dress, and unregistered design right) 5. Interplay between copyright and design protection (including non-derogation of rights) 6. Protection of integrated circuit topography 6.1 Subject matter of protection 6.2 Requirements for protection 6.3 Scope of protection 6.4 Infringement and remedies 6.5 Exception (including reverse engineering) 7. Alternative forms of protection (including petty patents) Employment discrimination law (MENDSLU) The paper entails an advanced study of the following: 1. The South African legislative framework relating to discrimination in context 2. General principles of employment discrimination law 3. Dismissal on discriminatory grounds

26 26 4. Discrimination against people with disabilities 5. Employment testing 6. Harassment in the workplace 7. Affirmative action in the workplace 8. Unfair discrimination in the workplace under the Promotion of Equality and Prevention of Unfair Discrimination Act Estate duty, donations tax and transfer duty (MESDLWG) This paper is offered in English only. Students may submit their assignments and examination answer scripts in Afrikaans. The paper entails the following: 1. An advanced study of the South African law relating to estate duty, donations tax and transfer duty 2. A study of the measures to avoid international double taxation with respect to taxes on estates and donations, with particular reference to South African law Income tax law 1 (MTX1LW9) NB: A candidate who has passed the paper The law of income tax (LLM) (MITXLW-D) will not be exempted from Income tax law 1 (LLM) (MTX1LW-9). A candidate may not present both MITXLW-D and MTXLW1-9 for the LLM degree. This paper is offered in English only. Students may submit their assignments and examination answer scripts in Afrikaans. Only candidates who have passed the LLB course LML404-R (Tax Law), or the equivalent thereof, may take this course. An advanced study of the law of income tax, with special reference to the following topics: 1. The legal framework 2. The determination of taxable income 3. The bases of taxation of residents and non-residents 4. Receipts or accruals of a capital nature 5. Specific inclusions 6. Exempt income 7. Allowable deductions 8. The taxation of natural persons, trusts, deceased and insolvent estates and partnerships Income tax law 2 (MTX2LWC)

27 27 NB: A candidate who has passed the paper The law of income tax (MITXLWD) will not be exempted from Income tax law 2 (MTX2LWC). A candidate may not present both MITXLWD and MTX2LWC for the LLM degree. This paper is offered in English only. Students may submit their assignments and examination answer scripts in Afrikaans. Only candidates who have passed the LLB course LML404R (Tax Law), or the equivalent thereof, may take this course. An advanced study of the law of income tax, with specific reference to the following topics: 1. The taxation of companies, close corporations and dividends 2. The taxation of some specific types of income 3. The taxation of capital gains 4. International aspects of income taxation 5. Avoidance of tax liability 6. Tax procedures and other matters 7. Some constitutional aspects of taxation Information technology law 3 (Intellectual property law) (MITLW35) 1. Copyright 1.1 Challenges posed by technological development (including the digitisation of works protected by copyright, linking, framing, caching, mirrors, and peer-to-peer and file-sharing technologies) 1.2 Licensing 1.3 Direct, indirect and contributory infringement of economic rights 1.4 Technical protection measures 1.5 Exceptions and limitations in the digital environment 1.6 Moral rights in the digital environment 1.7 Electronic rights management 2. Trade marks 2.1 Commercial and non-commercial use of trademarks on the Internet 2.2 Trade-mark infringement (including cyber-squatting, parody, dilution, and the protection of well-known marks) 2.3 Challenges posed by technological development (including linking, framing and meta tagging) 3. Domain names 3.1 Regulation and governance 3.2 Conflict between trade marks and domain names 3.3 Resolution of domain-name disputes 4. Protection of electronic databases (including contract, copyright, sui generis protection and unlawful competition)

28 28 5. Liability of Internet service providers for the infringement of intellectual property rights 6. Jurisdiction and enforcement of judgments in international intellectual property disputes Insolvency, winding-up and judicial management (MIWJLWC) The paper entails an advanced study of the law of insolvency, winding-up and judicial management, with particular emphasis on the following topics from which various capita selecta will be prescribed annually: 1. Voluntary surrender 2. Compulsory sequestration 3. Effect of sequestration on property of the solvent spouse 4. Dispositions that can be set aside 5. Effects of sequestration on contracts entered into before insolvency 6. Curators bonis, provisional trustees and trustees 7. Meetings of creditors and proof of claims 8. Secured and preferent creditors 9. Composition 10. Rehabilitation 11. Methods and initiation of winding-up 12. Members voluntary winding-up 13. Winding-up by the court and creditors voluntary winding-up 14. Dissolution and deregistration 15. Judicial management 16. Compromise 17. Winding-up of close corporations Insurance law 1 (MINLW19) NB: A candidate who has passed the paper Insurance law (MINSLWY) will not be exempted from Insurance law 1 (MINLW19). A candidate may not present both MINSLW-Y and MINLW1-9 for the LLM degree. This paper is offered in English only. Students may submit their assignments and examination answer scripts in Afrikaans. This paper entails an advanced study of particular aspects of insurance law. It is assumed that candidates have completed an undergraduate course in insurance law. To revise the elementary principles, which were covered at the undergraduate level, the study guide for the LLB course in Insurance Law (LML405S) will be made available to candidates registering for this paper. Knowledge of the content of that course will be assumed for purposes of this LLM paper. The paper consists of the following four topics: