LLM postgrad

Contents

School of Law 1

1 General 1

2 Admission requirements 2

3 The LLM degree 2

4 The LLD degree 7

5 Progress and re-registration 7

6 Curricula for specialist LLM degrees 7

7 Syllabi for LLM papers 12

School of Law 1

College of Law

School of LawThe University of South Africa

LLM AND LLD DEGREES

1 GENERAL

All enquiries with regard to postgraduate studies in law must be addressed to:

The Registrar (Academic) University of South Africa PO Box 392 UNISA 0003

Tel: (012) 429-2855 Fax: (012) 429-2429 Teletex: TTX 350068 E-mail: [email protected] Call centre: 0861 670 411

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 (Academic):

• Part 1 of the Calendar (Rules: Postgraduate qualifications). • The Postgraduate information brochure, which contains specific information on requirements

for registration, closing dates for registration, fees and instructions for the completion of the registration form.

• General information: Master’s and Doctor’s degrees, which contains the general rules of the University in respect of master’s and doctoral studies, as well as detailed information regarding the master’s dissertation and the doctoral thesis.

The purpose of the LLM and LLD degreesThe primary purpose of these qualifications is to equip graduates with the knowledge, specific skills and applied competence in a number of legal fields to ensure that they will have opportunities for continued personal intellectual growth and gainful economic activity, and will be able to make valuable contributions to society.

A second purpose of the qualifications is to provide South Africa and the global community with postgraduate lawyers in a number of learning fields to ensure that the leadership base of innovative and knowledge-based economic and scholarly activity is widened.

A third purpose of the qualifications is to train postgraduate lawyers of a high calibre who understand the constructive role they will need to play as intellectual leaders in their society, and who are empowered and equipped with the required research and analytical skills to play a key role in the continued shaping of the legal dispensation in a just society based on constitutional democracy within a global legal order.

2 The College of Law

2 ADMISSION REQUIREMENTS

LLM degreeTo be admitted to the studies for the LLM degree, candidates must hold at least one of the following qualifications:

(a) a South African LLB degree(b) a foreign LLB degree (minimum four years) (c) 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 form the elective modules of the LLB degree(e) a relevant postgraduate diploma(f) 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 remains that only candidates in possession of an LLB may be admitted as advocates. 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.

LLD degreeTo be admitted to studies for the LLD degree, you must hold at least one of the following qualifications:

(a) the LLB degree, completed in accordance with the curriculum prescribed before 1998 (the old LLB). The new four-year LLB is therefore not sufficient.

(b) 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 (Academic) 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 (Academic) 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 to 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.

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Transitional arrangementsStudents who registered for the LLM degree before 2007 will be allowed two years (examination session in January/February 2009) to complete the degree under the old curriculum. For particulars of the old curriculum, see part 6 of the Calendar.

3.1 Curriculum A: Research LLMThe qualification consists of the following two components:

• A module entitled Research Methodology for Law (LLMRESG)

• A dissertation of approximately 30 000 – 36 000 words on an approved topic.

Students may obtain a list of possible topics from the Director of the School of Law or may, in consultation with the relevant Head of Department, decide on a topic of their own choosing.

Although there is no fixed time limit for the completion of the research LLM, the usual duration is approximately two years. Re-registration is considered annually based on a candidate’s progress. The degree may not be completed in less than a year.

3.1.1 Preliminary discussionsIf you meet the minimum requirements, you may register. You must then approach the head of the department in which your field of study falls. The head of department will refer you to the probable supervisor who will, in consultation with you, decide upon a title for the dissertation. This must be finalised through consultation between yourself and the supervisor.

3.1.2 Formal applicationAs soon as the title has been finalised, you must submit a formal application to the Registrar (Academic) to register for the module Research Methodology for Law (LLMRESG) on the prescribed form. On the form you must indicate the proposed title and supervisor. The title is then submitted to the College Executive for approval.

3.1.3 Research proposalAfter the College Executive has approved your application and the University has accepted your registration, you must complete a research proposal to the satisfaction of your supervisor. You will not be allowed to register for the dissertation until you have completed the research proposal.

3.1.4 Registration for dissertationOnce you have completed the research proposal you may register for the dissertation on the approved topic. Throughout the process of writing your dissertation you must work closely with your supervisor.

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.

3.1.5 DissertationFor requirements, submission dates, the procedure and examination of the dissertation, you are referred to General Rule PG15 in part 1 of the Calendar 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 LLMThis LLM is offered through structured coursework which consists of LLM papers, and a short dissertation of 10 000 - 12 000 words.

You may compile your curriculum as follows:

(i) by choosing from a range of specialist LLM coursework degrees (see (a) below), or(ii) by making up your own curriculum from the options listed in (b) below.


The curriculum has been designed in such a way as to enable you to complete the degree in two years (part-time study) or in one year (full-time study). Although there is no fixed time limit for completion of the degree, 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.

3.2.1 Compilation of curriculumAs indicated above, you may register for a specialist LLM degree or may compile your own curriculum from the available LLM papers and a short dissertation. All students must first submit a research proposal before commencing with the dissertation. The procedure for registering for the dissertation is the same as that set out in paragraphs 3.1.1 – 3.1.5 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 research methodology module which all LLM students must register for.

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.

(a) Specialist LLM degreesThe following specialist LLM degrees are presently offered in the School of Law (the specialisation codes appear in brackets):

Department of Constitutional, International and Indigenous Law

• LLM with specialisation in international economic law (IEL)• LLM with specialisation in fundamental rights (FUN)

Department of Criminal and Procedural Law

• LLM with specialisation in criminal law and criminal procedure (CRP)Department of Jurisprudence

• LLM with specialisation in the legal aspects of HIV/AIDS (HIA)Department of Mercantile Law

• LLM with specialisation in banking law (BNK)• LLM with specialisation in commercial law (COL)• LLM with specialisation in corporate law (COR)• LLM with specialisation in information technology law (ITL)• LLM with specialisation in insurance law (INS)• LLM with specialisation in intellectual property law (INT)• LLM with specialisation in labour law (LAB)• LLM with specialisation in tax law (TAX)

Department of Private Law

• LLM with specialisation in family law (FAM)• LLM with specialisation in private law (PLW)• LLM with specialisation in property law (PRO)

Please note: The curricula for the specialist LLM degrees appear under 6 below. Please see 7 below for the syllabi of the various LLM papers.

(b) Own curriculumYou may compile your own curriculum to suit your particular needs. Such a curriculum must consist of • 3 LLM papers

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• the module Research Methodology for Law (LLMRES-G) and • a short dissertation

LLM papers: A candidate may choose from the following LLM papers:

(The curricula for specialist LLM degrees are set out alphabetically. The syllabi for the LLM papers are discussed alphabetically, under the departments that offer these 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 contract (MCONLWL)• 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 (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 Constitutional, International and Indigenous Law

• Administrative law (MADMLWM)• Advanced principles of public international law (MPINLWY)• Constitutional interpretation (MSINLWJ)• Constitutional law (MCSTLWR)• Development law (MDEVLW9)• Dissertation (LLMSKCF)• Environmental law (MENVLWM)• Equality and difference (MEQDLW8)• Fundamental rights litigation 1 (MFR1LWX)• Fundamental rights litigation 2 (MFR2LW4)• International human rights (MIHRLW4)• International law on foreign investment (MINLFIE)• International economic law (MIECLW5)

3.2.2 Examinations

LLM papersThe 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. Under exceptional circumstances, a Master’s candidate who cannot write the scheduled examination at the beginning of the year may be allowed to sit the examination the following May. A fully substantiated application must be submitted before the end of February for consideration and a decision by the Executive Dean: College of Law. The special opportunity may not be used for supplementary examinations and no other special examinations will be arranged for candidates with exceptional circumstances. A student will not be allowed to register after the close of registrations if he or she fails the examination and he or she did not register for the module for the academic year. The pass mark for all LLM papers is 50%.

Please note that the mark achieved for the assignment may be used as part of the final examination mark. In that case, you will be informed accordingly in a tutorial letter.

3.2.3 Short dissertationYou may register for the dissertation in any year of study, but at the latest in the year in which you register for your last written paper(s). The subject of the short dissertation must fall within the range of subject matter of one of the papers for which you are or were registered and, as in the case of curriculum A above, the title is chosen in consultation with the head of the department concerned and/or the probable supervisor. This consultation must take place at the latest before 31 May of the year in question, and the choice of title and supervisor is subject to approval by the Executive Committee of the College of Law. As was mentioned under paragraph 3.2.1 above, your supervisor must approve your research proposal before you start writing 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. The tutorial matter for the module sets out formal prescriptions and general guidelines on the format of the dissertation, as well as some guidance

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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 (Academic) of your intention to submit the dissertation for examining. The short dissertation may then be submitted to your supervisor 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 will probably 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%.

4 THE LLD DEGREE

The curriculum for the LLD degree corresponds to that of Curriculum A of the LLM degree (see above). It also includes an oral examination in a major subject and two subsidiary subjects, followed by a thesis on an approved topic, but this time without the restriction of limited length. What was said above concerning admission, the registration procedure and examination for the LLM degree applies mutatis mutandis to the LLD degree.

Please note that 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.

Also, note that a candidate for the LLD degree may apply for full or partial exemption from the oral doctoral examination, inter alia on the basis of the successful completion of an LLM degree. This decision rests with the College Executive. Where such an exemption is granted, the usual period of study allowed for completion of the LLD degree is four years.

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. We want to emphasise that a candidate’s progress is monitored every year. Should you foresee that you would not be able make any progress during a particular year you are advised to submit to the Registrar (Academic) 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 SPECIALIST 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 (LLMRESG)(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 (LLMRESG)(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 (MCLAW1-)(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)(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 (LLMRESG)(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)

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(3) Research methodology for Law (LLMRESG)(4) A short dissertation on an approved topic in the field of criminal law

or criminal procedure (LLMSKSX)


(5) Evidence (MEVDLWU)(6) Information technology law 1 (evidence and criminal law) (MITLW13)(7) Constitutional interpretation (MSINLWJ)(8) Medical law (MMEDLWV)(9) Forensic medicine (MFORLW)

MASTER OF LAWS WITH SPECIALISATION IN FAMILY LAW (FAL)The curriculum comprises the following five components:

(1) Child law (MCHILW-5)

(2) Marriage law (MFAMLW4)(3) Proprietary consequences of marriage (MPCMLW4)(4) Research methodology for law (LLMRESG)(5) A short dissertation on an approved topic in the field of family law (LLMSKPU)

MASTER OF LAWS WITH SPECIALISATION IN FUNDAMENTAL RIGHTS (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 (LLMRESG)(4) A short dissertation on an approved fundamental rights topic (LLMSKCF)

plus ONE of the following

(5) Constitutional interpretation (MSINLWJ)(6) Constitutional law (MCSTLWR)(7) Equality and difference (MEQDLW8)(8) International human rights (MIHRLW-)

MASTER OF LAWS WITH SPECIALISATION IN INFORMATION TECHNOLOGY LAW (ITF)The curriculum comprises five components:

(1) Research methodology for law (LLMRESG)(2) A short dissertation on an approved topic in the field of information technology law (LLMSKHL)


(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 (LLMRESG)(4) A short dissertation on an approved topic in the field of insurance law (LLMSKHL)

and; plus ONE of the following:

(5) Company law 1 (MCLAW1R)(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 (LLMRESG)(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 (IEL)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 (LLMRESG)(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 (LLMRESG)(4) A short dissertation on an approved topic in the field of

labour law (LLMSKHL)


(5) Employment discrimination law (MENDSLU)(6) Social security law (MSOSELY)

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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 (LLMRESG)(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 (LLMRESG)(2) A short dissertation on an approved topic in the

field of private law (LLMSKPU)


(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 contract (MCONLWL)(10) Law of delictual damages (MDELLW8)(11) Marriage law (MFAMLW4)

MASTER OF LAWS WITH SPECIALISATION IN PROPERTY LAW (PRP)The curriculum comprises the following five components:

(1) Research methodology for law (LLMRESG)(2) A short dissertation on an approved topic in the field of property law (LLMSKPU)(3) Advanced property law (MADPLWW)(4) Constitutional property law

(MPROLW-D)

(5) Credit security (MCRELW4)

MASTER OF LAWS WITH SPECIALISATION IN TAX LAW (TAL)The curriculum comprises the following five components:

(1) Research methodology for Law (LLMRESG)(2) A short dissertation on an approved topic in the field of tax law (LLMSKHL)

plus any 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

7.1.1 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 administration3 The administrative act, administrative justice and the limitation clause under the new

constitutional dispensation

7.1.2 Advanced principles of public international law (MPINLWY)The paper consists of the following four topics:

1 The relationship between public international law and South African municipal law2 Jurisdiction3 State immunity

4 Act of state

7.1.3 Constitutional Interpretation (MSINLWJ)An advanced study of constitutional interpretation with specific reference to the 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.

7.1.4 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.

7.1.5 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.

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7.1.6 Environmental law (MENVLWM)This paper entails an advanced study of environmental law with particular reference to the following topics, from which a number of capita selecta will be prescribed annually.

1 National and international perspectives on environmental rights2 Philosophical and jurisprudential norms of environmental protection3 Environmental law principles and governmental policy4 National and international environmental enforcement and regulation5 Public interest and public participation in environmental decision making and regulation6 National and international perspectives on land use and planning and environmental protection7 Strategies for an integrated environmental management system8 National and international perspectives on environmental impact assessments (EIAs)9 National and international pollution control with reference to specific aspects of air pollution,

water pollution and waste pollution10 National and international perspectives on the conservation of natural resources with reference to

certain aspects of soil, fauna and flora

7.1.7 Equality and difference (MEQDLW8)The paper consists of the following four topics:

1 Conceptions of equality and difference2 The right to equality from an international and comparative perspective3 The equality jurisprudence of South African courts4 The ways in which racial, gender and other identities are constructed in legal discourse5 Case studies (eg studies of legislation aimed at the promotion of equality, and of hearings of the

Human Rights Commission about racism and/or other forms of prejudice in various sectors of society)

7.1.8 Fundamental rights litigation 1 (MFR1LWX)A candidate who has passed the paper (MHUMLW-8) may not register for this paper.

The aim of this paper is to enable students to argue fundamental rights cases in 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 powers3 Modes of constitutional interpretation and argumentation4 Application5 Selected capita: specific fundamental rights guarantees6 Limitations (including proportionality analysis)

7.1.9 Fundamental rights litigation 2 (MFR2LW4)This paper may be taken only if the paper Fundamental rights litigation 1 (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.

7.1.10 International economic law (MIECLW5)The paper consists of the following four capita selecta:

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.

7.1.11 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.

7.1.12 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 investment2 The international regulatory regime 2.1 Admission and entry 2.2 Treatment and conditions of operation3 Investment contracts4 Expropriation5 Accountability of the host state6 Protection by the investor’s home state7 Dispute settlement

7.2 Department of Criminal and Procedural Law

7.2.1 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) Unlawfulness, private defence, and necessity in criminal law, or aspects thereof. (b) Computer crime. (c) Constitutional aspects of criminal law. (d) The anticipatory crimes, that is, attempt, conspiracy and incitement. (e) Crimes against bodily integrity, dignity, reputation and freedom of movement.

NB: Not all the abovementioned capita selecta will necessarily be offered in any given year.

7.2.2 Criminal procedure (MCRPLW9) Any two of the following capita, or any other capita approved by the Board of the College:

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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.


7.2.3 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 rule2 The burden of proof and the measures of proof3 The admissibility and assessment of admissions and confessions in criminal proceedings4 Evidential privilege in civil and criminal proceedings5 The admissibility of computer-generated evidence6 The exclusionary rule


7.2.4 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 Jurisdiction2 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

7.2.5 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.


7.2.6 Medical law (MMEDLWV)

Curriculum:Three capita from the following:

1 The doctrine of informed consent2 Medico-legal issues relating to the treatment of terminal patients3 Medico-legal issues surrounding in vitro fertilisation4 Legal liability for so-called ”wrongful life”

7.3 Department of Jurisprudence

7.3.1 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 1.3 Legal implications of technology used to meet obligations2 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)

7.3.2 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 rule2 The connecting factor3 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

7.3.3 The legal aspects of HIV/Aids 1: HIV/Aids in the health care context (LLMHHC4)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 care context.

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The paper comprises the following components:

1 Background to the HIV/Aids epidemic2 HIV/Aids and public health responses3 HIV/Aids and vaccine research trials

7.3.4 Legal aspects of HIV/Aids 2: HIV/Aids - Selected areas of the law (HIV/Aids in the workplace; HIV/Aids and children) (LLMHSAR)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 and selected areas of the law.


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)

7.3.5 Legal aspects of HIV/Aids 3: The rights and duties of persons living with HIV/Aids (LLMHRDS)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.


1 International human rights law2 South African human rights law3 HIV/Aids and harmful HIV-related behaviour

7.4 Department of Mercantile Law

7.4.1 Banking law 1 (MBALW1-9)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 1.2 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 Bank2 Banks and their customers 2.1 The bank-customer relationship 2.2 The bank as a borrower: taking deposits 2.3 The duty of confidentiality and bank secrecy3 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 undertaking4 Exchange control


7.4.2 Banking law 2 (MBALW2A)This paper is offered in English only. Students may submit their assignments and examination answer scripts in Afrikaans.


1 Money payments2 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 orders3 Electronic payments 3.1 Electronic payment systems 3.2 Netting4 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

7.4.3 Company law 1 (MCLAW1R)This paper entails an advanced study of the following:

1 The nature and functions of the company2 Incorporation and constitution3 Capacity and representation4 Capital, shares, profits and dividends5 Members: their rights and duties6 Company groupings7 Close corporations

7.4.4 Company law 2 (MCLAW2S)This paper entails an advanced study of the following:

1 Management, with particular reference to directors2 Reorganisation, alterations in control, arrangements and compromises3 Annual financial statements and auditors4 Winding-up and judicial management5 Investor protection6 Corporate delinquents

7.4.5 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 The common-law protection of the right to goodwill and related legislation2 The public law regulation of competition3 Case studies of public law regulation of competition4 The relationship between the public law and private law of competition5 A comparative study of the competition laws of selected overseas countries

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7.4.6 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 copyright2 The subject matter of copyrights3 Requirements for the subsistence of copyright4 Infringement of copyright and the remedies in respect thereof under the Copyright Act 98 of

1978 and common law5 The assignment and transmission of copyright, including the granting of copyright licences;

publishing agreements6 Collective administration of rights; rights management information7 International copyright law: conventions and developments; comparison of South African

copyright law with other systems

8 Copyright and breaches of confidence

7.4.7 Design law (MDESLWV)NB: This paper may be taken only if the paper Copyright law (MCOPLWS) has already been passed or is taken concurrently.


1 History and theory of design (including the form/function dichotomy)2 International legal framework3 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 remedies4 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)

7.4.8 Employment discrimination law (MENDSLU)The paper entails an advanced study of the following:

1 The South African legislative framework relating to discrimination in context2 General principles of employment discrimination law3 Dismissal on discriminatory grounds4 Discrimination against people with disabilities5 Employment testing6 Harassment in the workplace7 Affirmative action in the workplace8 Unfair discrimination in the workplace under the Promotion of Equality and Prevention of Unfair

Discrimination Act


7.4.9 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

7.4.10 Income tax law 1 (MTX1LW9)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 framework2 The determination of taxable income3 The bases of taxation of residents and non-residents4 Receipts or accruals of a capital nature5 Specific inclusions6 Exempt income7 Allowable deductions8 The taxation of natural persons, trusts, deceased and insolvent estates and partnerships

7.4.11 Income tax law 2 (MTX2LWC)This paper is offered in English only. Students may submit their assignments and examination answer scripts in Afrikaans.

An advanced study of the law of income tax, with specific reference to the following topics:

1 The taxation of companies, close corporations and dividends2 The taxation of some specific types of income3 The taxation of capital gains4 International aspects of income taxation5 Avoidance of tax liability6 Tax procedures and other matters7 Some constitutional aspects of taxation

7.4.12 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 management2 Trade marks 2.1 Commercial and non-commercial use of trademarks on the Internet

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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 disputes4 Protection of electronic databases (including contract, copyright, sui generis protection and

unlawful competition)5 Liability of Internet service providers for the infringement of intellectual property rights6 Jurisdiction and enforcement of judgments in international intellectual property disputes

7.4.13 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 surrender2 Compulsory sequestration3 Effect of sequestration on property of the solvent spouse4 Dispositions that can be set aside5 Effects of sequestration on contracts entered into before insolvency6 Curators bonis, provisional trustees and trustees7 Meetings of creditors and proof of claims8 Secured and preferent creditors9 Composition10 Rehabilitation11 Methods and initiation of winding-up12 Members’ voluntary winding-up13 Winding-up by the court and creditors’ voluntary winding-up14 Dissolution and deregistration15 Judicial management16 Compromise17 Winding-up of close corporations

7.4.14 Insurance law 1 (MINLW19)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 (LML405-S) 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:

1 The nature and characteristics of the insurance contract, with specific reference to the requirement of an insurable interest

2 Misrepresentation in insurance law3 Terms of the insurance contract, with specific reference to insurance warranties and other terms

relating to risk4 The principle of indemnity


7.4.15 Insurance law 2 (MINLW2A)NB: This paper may be taken only if the paper Insurancel law 1 (MINLW19) has already been passed or is taken concurrently.

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 (LML405-S) 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 six topics:

1 The history of insurance law2 The parties to the insurance contract, with particular emphasis on the involvement of third parties3 Insurance intermediaries4 Life and personal accident insurance5 Marine insurance6 Liability insurance and reinsurance

7.4.16 Intellectual property aspects of global information networks (MGINLW-G)NB: This paper may be taken only if the papers Copyright law (MCOPLWS) and Law of trade marks (MTRDLWV) have already been passed or are taken concurrently.


1 International legal framework2 Domain names3 Trade marks 3.1 Use of trade marks, trade names, and business names 3.2 Infringement of trade marks4 Copyright 4.1 Digitisation of works protected by copyright 4.2 Infringement of copyright 4.3 Protection of electronic rights management information 4.4 Protection against the circumvention of technical copyright protection devices 4.5 Licensing (including “shrink-wrap” and “click-wrap” agreements)5 Protection of digital databases6 Enforcement of intellectual property rights7 Online service provider liability

7.4.17 Labour law 1 (MLALW1W)This paper entails an advanced study of the following capita selecta:

1 Law, labour, and the exercise of economic power2 The deficiencies of common law in regulating labour relations3 The contract of employment4 The law of unfair dismissal5 Unfair labour practices

7.4.18 Labour law 2 (MLALW2X)This paper entails an advanced study of the following capita selecta:

1 Labour law and the Constitution

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2 Freedom of association3 Organisational rights4 Collective bargaining5 Industrial action6 Introduction to social security law

7.4.19 Law of trade marks (MTRDLWV)The paper entails an advanced study of the law of trade marks, 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 nature, function and statutory definition of a trade mark2 Registration of trade marks3 Assignment and licensing of trade marks4 Amendment and rectification of the register5 Infringement of trade mark rights and remedies6 Common-law protection7 Company names and trading styles; other legislation affecting trade marks8 International trade mark law: conventions and developments; comparison of South African trade

mark law with other systems

7.4.20 Patent law (MPATLWJ)The paper entails an advanced study of the law of patents, with particular reference to the following topics from which a number of capita selecta will be prescribed each year in which the paper is offered:

1 The subject matter of patents and the nature and function of a patent system2 The requirements and procedure for the registration of patents; grounds of invalidity3 Proprietary aspects of inventions and patents, employees’ inventions, joint applicants4 Infringement of patent rights and remedies5 Assignment and licensing of patents6 Interpretation and amendment of patent specifications; rectification of the register7 Restoration and extension of patents8 International patent law: conventions, international application procedure and investigations;

comparison of South African patent law with other patent systems9 Other legislation affecting patents10 Trade secrets and the protection of know-how

7.4.21 Social security law (MSOSELY)This paper entails an advanced study of the following:

1 The concept ”social security”2 The constitutional context3 The scope of coverage4 Retirement and old age5 Health care6 Employment injuries and accidents7 Motor vehicle accidents8 Unemployment insurance9 Social assistance10 New fields of social security11 The administrative and institutional framework


7.4.22 The law relating to negotiable instruments (MNINLWN)The paper entails an advanced study of the following:

1 The legal objects of negotiation2 The legal requirements for a valid negotiable instrument3 The holder and the holder in due course4 The consequences of discharge5 The bank-customer relationship6 The legal nature of crossed cheques, and of non-transferable cheques7 The payment and transfer of cheques8 The legal position of the collecting bank9 Banking secrecy and the duties of banks

7.4.23 Value-added tax (MVATLWK)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 value-added tax2 International aspects of value-added tax, including the measures to avoid international double

taxation3 A comparative study of the law of other countries relating to value-added tax

7.5 Department of Private Law

7.5.1 Advanced property law (MADPLWW)This paper entails an advanced study of aspects of traditional property law such as the distinction between real and creditors’ rights, possession and holdership, the nature of ownership, acquisition of ownership, servitudes, restrictive conditions, mineral rights and water rights.

Please note that the focus of the course is on traditional property law. Students who wish to concentrate on constitutional property law should enrol for the LLM paper in Constitutional property law (MPROLW-D) and students who are interested in real security rights should enrol for the LLM paper in Credit security (MCRELW-4).

7.5.2 Child law (MCHILW5)This paper consists of an advanced study of the following topics:

1 Minority2 The parent-child relationship3 Protection of children4 Maintenance5 Children’s rights

Please note that the paper focuses on aspects of private law relating to children.

7.5.3 Constitutional property law (MPROLWD)This paper entails an advanced study of aspects of constitutional property law including the following:

1 What is property?2 Deprivation of property3 Expropriation of property4 Land reform5 Housing issues6 Constitutional property theory

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7.5.4 Credit security (MCRELW4)This paper entails an advanced study of the following topics of the law relating to credit security:

1 Real security 1.1 Accessory security 1.1.1 Pledge 1.1.2 Mortgage 1.1.3 Pledge of personal rights (incorporeals) 1.1.4 Statutory rights of security 1.1.5 Reservation of ownership 1.1.6 Liens 1.1.7 Tacit hypothecs 1.2 Fiduciary security2 Personal security (suretyship)

7.5.5 Drafting of commercial contracts (MDCCLWX)This paper entails a practical approach to the drafting of commercial contracts, with specific reference to the following three aspects:

1 Format and structure of a contract: Precontractual documents; formalities; contract drafting techniques; basic issues and clauses

affecting all contracts; interpretation of contracts2 The contract of sale: The theory deals with both the common-law principles and the consumer legislation pertaining to

the following: the Usury Act 73 of 1968; the Credit Agreements Act 75 of 1980; the Alienation of Land Act 68 of 1981; lay-by agreements.

Practical drafting will be integrated into each subsection.3 The contract of lease of property and services (mandate): The theory covers both the common-law principles and the following applicable legislation: the

Rental Housing Act 50 of 1999.Practical drafting will be integrated into each subsection.

7.5.6 Information technology law 2 (Private Law) (MITLW24)1 Data protection 1.1 Privacy and personal information: general principles 1.2 Protection of privacy: comparative perspectives2 Freedom of speech on the Internet 2.1 Constitutional and statutory protection of freedom of speech. 2.2 Forms of speech on the Internet (including defamation, hate speech, pornography, commercial

speech, and employee speech) 2.3 Internet service provider liability for the content of data messages3 Access to information 3.1 Electronic collection of personal information 3.2 Storing of personal information 3.3 Promotion of access to information4 Consumer protection (including protection relating to spam, unsolicited transactions, international

transactions, payment and the abuse of payment information, cooling off, and exclusion clauses)5 Electronic contracts 5.1 General principles of electronic contracting (including offer and acceptance, incorporation by

reference, formalities, time and place of contracting, automated transactions, and document retention)

5.2 Choice of law 5.3 Jurisdiction, and recognition and enforcement of judgments


7.5.7 Marriage law (MFAMLW4)This course consists of an advanced study of the following:

1 Matrimonial property systems2 Maintenance between spouses3 Marriage breakdown4 Non-traditional families5 Marriage law and the Bill of Rights

Please note that the focus of the course is on the position between husband and wife, and the parties to certain marriage-like institutions such as cohabitation. Students who wish to study the position of children should enroll for the LLM course in Child law (MCHILW-5).

7.5.8 Law of contract (MCONLWL)An advanced comparative study of the various approaches to the question of the basis of contractual liability in the South African, Anglo-American and Dutch legal systems.

7.5.9 Law of delictual damages (MDELLW8)An advanced study of the law of delictual damages (patrimonial damages as well as satisfaction), with specific reference to the following topics:

1 Nature, purpose and extent of compensation in the law of delict2 Sources and history3 The concept of damage: distinction between patrimonial loss and injury to personality (non-patrimonial loss)4 Principles of determining damages 4.1 Patrimonial loss: The “sommeskadeleer” or differential theory; accounting benefits (res inter

alios acta); time of computing damages; future loss (“once-and-for-all” rule) 4.2 Injury to personality: Theories; specific cases; unconsciousness.5 Limitations to the recovery of compensation: Duty to mitigate damage; contributory fault; legal

causation (foreseeability of damage); loss of income/support from unlawful activities 6 Proof of damage7 Determining the quantum of damages, with reference to specific cases of patrimonial loss as well

as injury to personality

LLM postgrad

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