2019/2020 Undergraduate faculty brochure - University of Pretoria
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
ii Faculty of Law 2019/20 Message from the Dean The purpose of this message is to introduce you to the Faculty of Law at the University of Pretoria, of which we are very proud and which ranks as the best* in the country and in Africa and Top 80 globally. Prof André Boraine Dean: Faculty of Law Our vision is to strive to be an internationally recognised You will also find a checklist in the centre of this brochure leader in socially relevant legal research and education in that will help you to gauge whether you have what it takes to South Africa and in Africa. become a successful law student and legal professional. In pursuing its vision, the Faculty of Law has as its mission We look forward to our 2020 intake of students and their the creation and sustenance of a research and education contributions one day as TuksLaw graduates in the national environment that is grounded in values of social justice and and international legal arena. excellence. Tel +27 (0)12 420 4126 The Faculty currently employs 70 dedicated full-time Website www.up.ac.za/law academics, of which approximately two-thirds have doctoral degrees in various fields of law. They are supported by highly motivated administrative and support staff, and together they serve and prepare our student community for the various law-related career opportunities. At the undergraduate level, the Faculty offers a four-year LLB degree. However, the majority of our students first enrol for a BCom (Law) or BA (Law) degree. We aim to produce LLB graduates with the required knowledge, critical thinking abilities, awareness of social and ethical responsibilities and the legal skills to follow any of the established career paths in law. With this aim in mind, the Faculty is progressively placing greater emphasis on an inquiry-led approach in teaching with a view to improving the research and problem-solving skills of our students. At the postgraduate level, we offer extensive master’s (LLM/MPhil) programmes (coursework or research) and a doctoral (LLD/PhD) programme. Please refer to the infographics in this brochure for highlights and more information on the Faculty of Law, which should Refer to the article on page 16. convince you that TuksLaw is the place to study law in South Africa. * According to the 2019 The Times Higher Education World University rankings
University of Pretoria iii Content Message from the Dean........................................................................................................................................................................................................................ii Undergraduate LLB admissions regulation....................................................................................................................................................................................1 General admission principles .............................................................................................................................................................................................................1 Admission Point Score (APS) Conversion ........................................................................................................................................................................................1 Example of calculation of Admission Point Score (APS) for law based on NSC/IEB qualifications..........................................................................2 Closing dates ...........................................................................................................................................................................................................................................2 Minimum admission requirements (2020) .....................................................................................................................................................................................2 Other Faculty-specific information ...................................................................................................................................................................................................2 Transferring students ...........................................................................................................................................................................................................................3 Non-South African qualifications .......................................................................................................................................................................................................3 Undergraduate programmes..............................................................................................................................................................................................................4 LLB, BA (Law) and BCom (Law)............................................................................................................................................................................................................5 Law programmes in other faculties...................................................................................................................................................................................................5 Language medium..................................................................................................................................................................................................................................5 Admission requirements for the LLB to gain access to the Faculty of Law...........................................................................................................................6 Exemption/credits for modules passed at other institutions....................................................................................................................................................6 Examination..............................................................................................................................................................................................................................................6 Composition of the LLB degree..........................................................................................................................................................................................................6 UP law students placed fifth in Olympic Games of legal education.........................................................................................................................................9 Core modules........................................................................................................................................................................................................................................11 Elective modules...................................................................................................................................................................................................................................12 Career opportunities...........................................................................................................................................................................................................................15 UP Faculty of Law climbs worldwide ranking ladder to position 76.......................................................................................................................................16 Infographics..................................................................................................................................................................................................................................... 17-20 Produced by the Department of Enrolment and Student Administration in December 2018. Comments and queries can be directed to ssc@up.ac.za or tel: +27 (0)12 420 3111. Disclaimer: This publication contains information about regulations, policies, tuition fees, curricula and programmes of the University of Pretoria applicable at the time of printing. Amendments to or updating of the information in this publication may be effected from time to time without prior notification. The accuracy, correctness or validity of the information contained in this publication is therefore not guaranteed by the University at any given time and is always subject to verification. The user is kindly requested to verify the correctness of the published information with the University at all times. Failure to do so will not give rise to any claim or action of any nature against the University by any party whatsoever.
1 Faculty of Law 2019/20 Undergraduate LLB admissions regulation General admission principles This Admissions Regulation should be read in conjunction with General Regulations G.1.1 Admission. In order to register for a first bachelor’s degree at the University a candidate should have completed the National Senior Certificate (NSC), and meet the minimum requirements for admission to bachelor’s degree study. Candidates must also comply with the particular subject and level requirement as well as with the minimum Admission Point Score (APS) for the relevant study programme. The APS calculation is based on a candidate’s achievement in six 20-credit recognised subjects, by using the NSC ratings, that is the “1 to 7 scale of achievement”, as explained in the table below. Thus, the highest APS that can be achieved is 42. Please note that Life Orientation is a 10-credit subject and is excluded from the calculation when determining the APS. Grade 11 results are used in the provisional admission of prospective students. The final Grade 12 results will be the determining factor with regard to final admission. All modules will be presented only in English as medium of tuition. The language of communication and correspondence is English. Minimum requirements for admission to the relevant programmes are set out in the “Minimum admission requirements table” of this document. The following subject rating scores are used for calculating the APS (see APS Conversion Table below): Rating code Rating Marks % 7 Outstanding achievement 80–100% 6 Meritorious achievement 70–79% 5 Substantial achievement 60–69% 4 Adequate achievement 50–59% 3 Moderate achievement 40–49% 2 Elementary achievement 30–39% 1 Not achieved 0–29% Admission Point Score (APS) Conversion The following table may be used to convert marks/symbols into an Admission Point Score (APS) when applying for studies at the University of Pretoria. APS IGCSE/GCSE/ IGCSE/GCSE/ (requirement SC HG SC SG NSSC OL/ NSSC OL/ level for NSC/IEB NSSC HL AS Level IB SL M-score M-score O Level O Level subjects as well Grade 11* Grade 12** as overall APS) 7 7 (80–100%) A 1 A 7 A 6 6 (70–79%) B A 2 B 6 B 5 5 (60–69%) C B 3 C 5 C A 4 4 (50–59%) D C 3 D 4 C B 3 3 (40–49%) E D 4 E 3 D C 2 2 (30–39%) F E 2 E D/E 1 1 (0–29%) G F 1 F F/G NSC – National Senior Certificate (completed Grade 12 in and after 2008) *Grade 11 = IGCSE/O Level: APS conversion for Grade 11 equivalent IEB – Independent Examination Board qualifications only and for conditional admission and selection purposes SC HG – Senior Certificate Higher Grade (completed Grade 12 before 2008) SC SG – Senior Certificate Standard Grade (completed Grade 12 before 2008) **Grade 12 = IGCSE/O Level: APS conversion for Grade 12 equivalent AS Level – Advanced Subsidiary Level qualifications – not for final admission and must be taken together with IB SL – International Baccalaureate Schools (Standard Levels) Advanced Subsidiary Level for exemption purposes IGCSE – International General Certificate of Secondary Education GCSE – General Certificate of Secondary Education NSSC – Namibia Senior Secondary Certificate O Level – Ordinary Level
University of Pretoria 2 Undergraduate LLB admissions regulation Example of calculation of Admission Point Score (APS) for law based on NSC/IEB qualifications School subject (example) Report mark Afrikaans 5 English 5 Mathematics 6 Physical Science 6 Life Science 7 Accounting 3 Life Orientation Excluded APS Total 32 Closing dates South African citizens: 30 September – Non South African citizens: 31 August The closing date is an administrative admissions guideline for non-selection programmes. Once a non-selection programme meets capacity and the institutional targets have been met, such programmes will be closed for further admissions, irrespective of the closing date. However, if institutional targets have not been met by the closing date, then such programmes will remain open for admissions until these targets are met. Minimum admission requirements (2020) English Home Language Degree programme APS or English First Additional Language LLB 04130012 5 (60-69%) 32 Other Faculty-specific information Applicants complying with the minimum admission requirements are conditionally admitted as they apply according to the places available. The application process will allow for diversity in admissions. Ideally the Faculty strives to admit at least 50% first-year black (African, Indian and coloured) students. The admission process should not lead to a situation where less than 50% first-year black (African, Indian and coloured) students are admitted. If this should happen, the admissions should be adjusted to give preference to the most meritorious black (African, Indian and coloured) candidates. Candidates who have graduated for another degree and candidates with an APS of 38 or higher and an achievement level of at least 5 in English may be conditionally admitted after the closing date if there are places available, at the discretion of the Faculty’s Admissions Committee, based on the Grade 12 results, and the complete university academic record and final certificate of conduct where applicable. Candidates who have completed a General Education Diploma (GED) qualification are required to complete BA (Law)/BCom (Law) to be eligible for LLB.
3 Faculty of Law 2019/20 Undergraduate LLB admissions regulation Transferring students Non-South African qualifications All transferring students, whether they have graduated or not, (The closing date for applications for admission is 31 August) are admitted based on academic merit and availability of space. Application for admission must be made by 30 September and to Non-South African citizens and South African citizens with foreign be considered for final admission all results and the certificate of qualifications must comply with all the admission requirements conduct must be submitted by 31 December. and the prerequisites for subjects/modules. (All such applications are submitted to the Admissions Committee of the Faculty for Transferring applicants: Candidates (with South consideration.) African or foreign school qualifications) who were previously registered at UP or at another university Only a limited number of non-South African candidates are and did not graduate (Closing date: 30 September) admitted to undergraduate studies in the Faculty. In addition Candidates who have already completed the final Grade 12 to meeting the admission requirements, admission is based on examination and were previously registered at UP or another the performance in the TOEFL, IELTS, SAT or NBT, if required, university, but did not graduate, may be admitted at the discretion in competition with other candidates who also comply with the of the Faculty’s Admissions Committee, based on the candidate’s admission requirements. Grade 12 results and complete university academic record and final certificate of conduct. Candidates transferring from other Non-South African citizens (even if they or their parents have universities must obtain at least 50% of the credits required permanent residence or valid work permits in South Africa) for the LLB degree at the University of Pretoria and must be - Citizens of SADC-countries with non-South African registered at the University of Pretoria for at least two years qualifications before an LLB degree may be awarded by the University of - Citizens of other countries with non-South African Pretoria. qualifications Candidates who have registered for the BA (Law) or BCom (Law) South African citizens and diplomats programme at UP, have not graduated, and wish to transfer It may be expected of South African citizens as well as to the LLB programme may be considered by the Faculty’s diplomats and the children of diplomats with non-South African Admissions Committee based on the candidates’ academic merit, qualifications to write to write the IELTS, TOEFL, SAT or NBT including factors such as the candidate’s final Grade 12 results, so that their suitability for admission to the Faculty can be the candidate’s grade point average, and the reasons provided determined. However, currently the NBT is not applicable to by the candidate for applying to transfer to the LLB before first LLB applicants. completing the BA (Law) or BCom (Law) degree. Candidates must have completed the National Senior Certificate Candidates who have previously been registered at another South with admission to degree studies or a certificate of conditional African university for the LLB, BA (Law) or BCom (Law), with South exemption on the basis of a candidate’s non-South African African school qualifications or Cambridge school qualifications (“foreign”) qualifications, the so-called “Immigrant” or “Foreign (South African candidates), who have not graduated, and who Conditional Exemption”. The only condition for the “Foreign wish to transfer to the LLB degree at UP may be admitted on Conditional Exemption” that is accepted is: ‘completion of the application at year level 1, 2 or 3 of the LLB, depending on the degree course’. The exemption certificate is obtainable from law modules passed, at the discretion of the faculty’s Admissions Universities South Africa (USAf). Detailed information is available Committee, based on the candidate’s Grade 12 results and on the website at mb.usaf.ac.za. complete university academic record and certificate of conduct. Candidates who have studied at UP, discontinued their studies, Note: The A and IB HL levels are not included in the APS and want to be readmitted to the LLB may be admitted subject to Conversion Table. Faculty requirements for admission based on conditions set by the Faculty’s Admissions Committee. these equivalent international qualifications are a D for the A level and 4 for the IB HL level. Transferring students who graduated (Closing date: 30 September) The Senate Central Admissions Committee has the right to Candidates who have previously been registered at UP or prescribe special conditions for all candidates who are granted another university and who have graduated (excluding BA (Law) admission based on an admissions test, to reconsider any and BCom (Law) graduates) may be admitted at year level 1 of applications for admission or to make other special arrangements. the LLB, if there are places available, at the discretion of the Faculty’s Admissions Committee, based on the candidate’s Grade 12 results and complete university academic record and final certificate of conduct. Candidates who have been awarded a BA (Law) or BCom (Law) degree by any South African university, including UP, may be admitted on application, at the discretion of the Faculty’s Admissions Committee, based on the candidate’s Grade 12 results and complete university academic record and certificate of conduct. Students transferring from other universities may be admitted at year level 3 of the LLB. UP students may be admitted at year level 1 of the 04130010— LLB after BCom (Law) and 04130011—LLB after BA (Law) programmes. UP BA (Law) and BCom (Law) graduates are guaranteed placement in the LLB programme if they completed the BA (Law) or BCom (Law) programme in 3 or 4 years.
University of Pretoria 4 Undergraduate programmes University of Pretoria website www.up.ac.za/law Minimum requirements for 2020 Achievement level** Programmes English Home Language or APS English First Additional Language NSC/IEB AS Level LLB [4 years] Closing dates: 5 C 32* SA – 30 September Non-SA – 31 August *Candidates that fulfil the requirements for admission as set out in this brochure will be provisionally Queries relating to LLB applications can be accepted on a first come, first served basis until 30 September, subject to the availability of places. directed to: However, as applications already open on 1 March and spaces are limited candidates are urged to apply as early as possible in the year. Ms Helen van Tonder (Faculty of Law) Careers: Refer to the infographics in this brochure. Tel +27 (0)12 420 4265 Fax +27 (0)12 420 2090 Email helen.vantonder@up.ac.za BA (Law) Queries relating to BA (Law) applications can be [3 years] directed to: Closing dates: SA – 30 September Ms Ntsiki Dhlamini Non-SA – 31 August (Faculty of Humanities) Tel +27 (0)12 420 5039 Email ntsiki.dhlamini@up.ac.za BCom (Law) Queries relating to BCom (Law) applications can be [3 years] directed to: Closing dates: SA – 30 September Ms Ronel Steenkamp Non-SA – 31 August (Faculty of Economic and Management Sciences) Tel +27 (0)12 420 3347 Email ronel.steenkamp@up.ac.za ** Cambridge A level candidates who obtained at least a D in the required subjects, will be considered for admission. International Baccalaureate (IB) HL candidates who obtained at least a 4 in the required subjects, will be considered for admission.
5 Faculty of Law 2019/20 Undergraduate programmes LLB, BA (Law) and BCom (Law) Faculty of Economic and Management Sciences: BCom (Law) In 1998, the five-year LLB degree was shortened to a four-year degree. However, it is evident that not all students are able to The purpose of this programme is to provide a broad formative cope with the demands of the legal profession after four years education that can lead to various career options, specifically in of study. It is, therefore, generally recommended that students the corporate world. This programme is a combination of BCom first complete either the three-year BA (Law) or the three-year and LLB subjects. The aim of this programme is to educate BCom (Law) degree and then convert to the LLB degree, which students as law practitioners with a broad academic background will take another two years to complete. These students obtain to provide an alternative route to the eventual attainment of an two degrees in two different fields of study. LLB degree. Law programmes in Note: All first-year students take the compulsory fundamental modules in academic information management, jurisprudence other faculties and English or Afrikaans. Faculty of Humanities: BA (Law) Core modules (compulsory) 1st year 2nd year 3rd year This programme meets specific training needs that emerge from Financial Consumer Insolvency law the demand for employees with a specific knowledge of law, but accounting protection Law of things who are also schooled in aspects of the social or human sciences. Economics Law of contract Law of delict The aim of this multidisciplinary programme is to train students as Business Law of Entrepreneurial law practitioners with a broader academic background, to provide management succession law an alternative route to obtaining an LLB, to provide versatile Statistics Specific Payment training in both law and the social sciences or humanities, to Roman law contracts methods improve students’ insight into the extent, consequences and Jurisprudence handling of national and global issues, and to academically equip Law of persons students for a career in which research, decision-making and reporting on law-related issues are important requirements. The programme is offered on a full-time basis, with certain modules Elective modules (Refer to the online Yearbook: www.up.ac.za/yearbooks/home) offered after hours. 1st year 2nd year 3rd year Core modules Business Business Business Core modules are jurisprudence, Roman law, law of persons, management management management legal pluralism, legal interpretation, family law, public law, law of Economics Economics succession, law of contract and law of delict. Financial Financial management management Elective modules Financial Financial From the elective modules, three BA subjects must be selected accounting accounting at first-year level, of which at least one must be a language; two Informatics Statistics BA subjects must be selected up to second-year level, of which Statistics Taxation at least one must be a language; and one BA subject must be Taxation selected up to third-year level. Please refer to the website www.up.ac.za/yearbooks for the Postgraduate studies Yearbook of the Faculty of Economic and Management Sciences After completing BA (Law), students can continue with an LLB or for more information on the BCom (Law) programme. The may register for an honours degree in the core discipline they admission requirements for BCom (Law) are on the same chose in the humanities. web page. Please refer to the website www.up.ac.za/yearbooks for the Yearbook of the Faculty of Humanities for more information Closing date for applications SA – 30 September on the BA (Law) programme. The admission requirements for Non-SA – 31 August BA (Law) are on the same web page. Closing date for applications Language medium SA – 30 September Non-SA – 31 August With effect from 2019, all first-year law modules are presented in English only.
University of Pretoria 6 Undergraduate programmes/Composition of the LLB degree Admission requirements for the Plus a minimum of 24 credits from the following modules: LLB to gain access to the Faculty Any other language module offered by the Faculty of Humanities other than the required English language of Law modules FIL 110, 120 Philosophy To gain access to the Faculty of Law, prospective students require FRK 111, 122 Financial accounting the appropriate combinations of recognised National Senior GES 110, 120 History Certificate (NSC) subjects, as well as certain levels of achievement KRM 110, 120 Criminology in these subjects. A summary of the Faculty-specific requirements PTO 111, 120 Politics and the APS required for admission to the LLB is provided on SOC 110, 120 Sociology pages 2 to 4. The following aspects should be kept in mind: Students have to familiarise themselves with the Exemption/credits for modules prerequisites for modules from other faculties. passed at other institutions The modules may not clash. Some modules have limits on the number of students who may register. Students must apply on the prescribed form (available at the Faculty’s Student Administration) for exemption for modules passed at other institutions. An academic record and the complete syllabus of the module concerned must accompany the FMR 121 Family law (15 credits) application. Students who transfer from other universities must For LLB, BA and BCom specialising in law complete at least half (50%) of the modules needed for the LLB at the Universityof Pretoria and must be registered students of this (a) Introduction to family law University for at least two years before the LLB of the University of (b) General principles regarding the coming into existence of a Pretoria may be conferred on them. marriage (c) Void, voidable and putative marriages (d) The invariable consequences of the marriage Examination (e) Basic principles regarding the legal relationship between child and parent The examinations for first-semester modules take place in May (f) The variable consequences of a marriage and June, while examinations in second-semester modules (g) Principles regarding the dissolution of a marriage take place in October and November. Every student has the (h) The consequences of the dissolution of a marriage responsibility to consult the official examination timetable to determine when the examinations for his or her modules will be Law of parent and child: written. (a) Variable consequences of marriage (b) Dissolution of marriage Composition of the LLB degree (c) Consequences of the dissolution of marriage (d) Customary marriages (e) Domestic partnerships and religious marriages First year First semester Second semester Jurisprudence 110 (JUR 110) (15 credits) For LLB, BA and BCom specialising in law Fundamental modules AIM 102 Academic JUR 120 Jurisprudence The module has both a theoretical and skills component. information management All elements described below will encompass conceptual JUR 110 Jurisprudence knowledge combined with practical application. Core modules Underlying jurisprudential aspects of law/the law in general: PSR 110 Law of persons FMR 121 Family law (a) A first-year definition of law/the law ROM 120 Roman law (b) The relationships between law and society, law and history, law and politics, law and language Plus (c) Being a law student or lawyer in South Africa (d) Introduction to different perspectives on the law Plus a minimum of 24 credits from the following modules: ENG 110 English ENG 118 English for specific purposes ENG 120 English
7 Faculty of Law 2019/20 Composition of the LLB degree The South African legal system and its historical The above content forms the basis of the skills component development; Sources of South African law and their (incorporating academic literacy skills), which consists of the historical development: following: (a) Introduction to characteristics and components of the South (a) Drafting a simple contract based upon a set of facts (law of African legal system contract) (b) Mixed legal systems (b) Reading, understanding, summarising a case on the law of (c) The South African Constitution and its historical development delict and applying the principles of legal argument and logic (d) Customary law and its historical development (c) Summarising, analysing, criticising and improving (editing) a (e) Common law and its historical development piece of writing on the law of evidence (f) Primary and other sources of modern South African law (d) Understanding and applying the principles of examination in (g) Applying the sources of law to a set of facts and relying on the chief, cross-examination and re-examination to a concrete set sources of law to answer a jurisprudential question of facts with a view to participation in a moot court or debate The above content forms the basis of the skills component PSR 110 Law of persons (10 credits) (incorporating academic literacy skills), which consists of the For LLB, BA and BCom specialising in law following: (a) Conducting research in the library The legal rules in respect of the coming into existence, private law (b) Finding, reading and applying the sources of law status and termination of a natural person or legal subject. (c) Reading, understanding and summarising texts on topics of law ROM 120 Roman law (10 credits) (d) Analysing, criticising and improving (editing) a piece of writing For LLB, BA and BCom specialising in law on the law in a theoretical sense (e) Writing a well-constructed essay or paragraph on legal Introduction to the Roman law of things: problems and topics of law or legal history (a) Things, real rights, possession (b) Ownership, limitations, acquisition, protection JUR 120 Jurisprudence (15 credits) (c) Limited real rights, servitudes, real security For LLB, BCom and BA specialising in law Introduction to the Roman law of contract: Basic principles of the following: (a) General principles of the law of contract (a) Law of obligations (contract and delict) (b) Specific contracts (b) Criminal law (c) Quasi-contracts (c) Law of civil procedure (d) Law of criminal procedure Introduction to the Roman law of delict: (e) Law of evidence (a) General principles of the law of delict (b) Specific delicts Access to justice: (c) Quasi-delicts (a) Courts and alternative dispute resolution (b) Legal profession (c) Access to justice and its promotion in South Africa (the idea, problems, representation in criminal matters, role of different organisations, etc)
University of Pretoria 8 Composition of the LLB degree Second year RPK 210 Legal practice (10 credits) For LLB First semester Second semester Core modules (a) An overview of the origin and development of the various legal professions KTR 211 Law of contract ERF 222 Law of succession (b) Statutory provisions applicable to the legal profession PBL 200 Public law KTH 220 Specific contracts (c) Professional conduct and ethics RPK 210 Legal practice PBL 200 Public law (d) Professional costs and fees RPR 210 Legal pluralism RPK 220 Legal practice (e) Professional liability of legal practitioners RVW 210 Legal VBB 220 Consumer (f) Research skills interpretation protection (g) Writing skills (letter of advice to client, office memorandum and heads of argument) ERF 222 Law of succession (15 credits) RPK 220 Legal practice (10 credits) For LLB, BA and BCom specialising in law For LLB (a) Intestate succession (a) Practice management (b) Testate succession (b) Taking of instructions (c) Administration of estates (c) Bookkeeping for legal practices (d) Aspects of trial advocacy KTH 220 Specific contracts (15 credits) (e) Practical application For LLB, BA and BCom specialising in law (f) Research skills (g) Writing skills (letter of advice to client, office memorandum (a) Law of purchase and sale and heads of argument) (b) Law of letting and hiring of things (c) Law of agency RPR 210 Legal pluralism (10 credits) (d) Law of suretyship For LLB and BA specialising in law (e) Law of letting and hiring of work (a) Indigenous culture groups, their culture, and the definition of KTR 211 Law of contract (15 credits) “legal pluralism” For LLB, BA and BCom specialising in law (b) Law of persons and family law of indigenous culture groups (c) Indigenous law of delict (a) General principles of the law of obligations (d) Indigenous law of succession (b) Formation of the contract (e) Indigenous law of contract (c) Content of the contract (f) Legal conflict and court structure (d) Interpretation of contracts (g) Legal systems based on religion in South Africa (e) Breach of contract (f) Remedies for breach of contract RVW 210 Legal interpretation (10 credits) (g) Termination of contractual obligations For LLB, BAdmin, BA specialising in law (h) Drafting of contracts Statute law: PBL 200 Public law (20 credits) (a) General introduction: relationship between text and context For LLB, BAdmin and BA specialising in law (b) What is legislation? Categories and types of legislation (c) The structure and format of legislation (enacted law texts) (a) Introduction to constitutional law theory (d) Commencement, amendment and demise of legislation (b) Basic principles: the law, the state and the individual (c) The historical development of the South African Principles of interpretation: constitutional law (a) How to interpret legislation: various theories and methods of (d) Different elements of a state interpretation and the influence of the supreme Constitution (e) Sources of the South African constitutional law on statutory interpretation (f) The founding provisions, the legal order and symbols (b) Internal and external aids to determine the legislative purpose of the South African state (c) So-called peremptory and directory provisions (g) Cooperative government (d) Statutory interpretation and judicial law-making (h) The national legislative authority (e) Basic principles of constitutional interpretation (i) The president and the national executive authority (j) Provincial government VBB 220 Consumer protection (15 credits) (k) Judicial authority For LLB and BCom specialising in law (l) The Bill of Rights: history of human rights in South Africa, jurisprudential and political perspectives on human rights, (a) Basic principles of the National Credit Act 34 of 2005 application, justiciability and interpretation of the Bill of Rights, (b) Aspects regarding the law applicable to credit agreements jurisdiction, procedures and remedies, limitation of human (c) Basic principles of the Consumer Protection Act 68 of 2008 rights, an analysis of selected human rights (m) State institutions supporting constitutional democracy (n) The public administration (o) The South African security services (p) General provisions
9 Faculty of Law 2019/20 UP law students placed fifth in Olympic Games of legal education The TuksLaw team was placed fifth overall in the recent Philip C. Jessup International Law Moot Court Competition, hosted in Washington D.C. The competition is the largest and most prestigious Moot Court Competition in the world, and the most direct way in which law faculties’ students measure their strength against each other. This year’s mock case was based on international arbitration law, nuclear disarmament obligations, use of force and the capture of marine vessels. The TuksLaw team represented South Africa at the international rounds after winning all categories at the national rounds against the University of Johannesburg and the University of the Western Cape in March 2018. The team, consisting of Mary-Ann Gettliffe (LLM), Rohula Bilankulu (LLB III), Thomas White (LLB IV), and Sohela Surajpal (LLB II) competed The UP Law mooting team from left to right: Thomas White, Mary-Ann Gettliffe, against 680 law faculties representing Gift Kgomosotho, Rohula Bilankulu and Sohela Surajpal 100 countries from around the world and made it into the top eight teams in the quarter-finals of the competition. The team won the Alona E Evans Award ‘Following the International Rounds, for Best Memorial at the White & Case your Team’s memorials were compared At the international preliminary rounds, International Rounds and ranked higher against the top memorials from the the University of Pretoria team beat than Harvard University, University International Rounds as well as the top the University of Queensland and the of Oxford, Stanford University and memorials from Qualifying Rounds in University of Tokyo, and thereafter Norman Manley Law School. It is also 65 countries. Your Team’s Respondent proceeded to the advanced rounds the highest ranked team in Africa. On memorial was determined by panels of where they beat Indonesia and Russia. 1 August 2018, Lesley Benn, the prominent judges to be the very best of They then lost to the United Kingdom’s Executive Director of the International all Respondent memorials. Your team’s Kings College and were eliminated Students Association (ILSA) winning memorial will be published in from the quarterfinals. The University congratulated the team on also winning the Jessup Compendium, as well as in of Queensland won the competition the Richard R. Baxter Award for Best the ILSA Journal of International and and the National Law School of India Overall Respondent memorial in the Comparative Law.’ University was the runner-up. 2018 Jessup Competition.
University of Pretoria 10 Composition of the LLB degree Third year ODR 320 Entrepreneurial law (12 credits) For LLB and BCom specialising in law First semester Second semester Core modules (a) Company law (b) Law relating to close corporations BLR 310 Tax law BWR 300 Law of evidence (c) Partnership law BWR 300 Law of evidence DLR 320 Law of delict ISR 310 Insolvency law IGZ 320 Intellectual PBL 310 Public law (10 credits) JUR 310 Jurisprudence property law For LLB and BAdmin PBL 310 Public law ODR 320 Entrepreneurial SAR 310 Law of things law An overview of judicial review of administrative action in light PBL 320 Public law of the Constitution and the Promotion of Administrative Justice RHP 320 Research Act 3 of 2000, with a focus on the legitimate scope of such judicial methodology review and the grounds for judicial review. VHD 320 Payment methods PBL 320 Public law (10 credits) For LLB BLR 310 Tax law (10 credits) For LLB (a) The historical development and theory of international law (b) Sources of international law (a) Foundations of income tax (c) Territory (b) Calculation of income tax payable (d) International legal personality (c) Capital gains tax (e) Jurisdiction, immunity from jurisdiction and extradition (f) Self-contained legal regimes and state responsibility BWR 300 Law of evidence (10 credits) (g) Judicial settlement of international disputes For LLB (h) International law in municipal law (a) Basic principles of the law of evidence and rules relating to the RHP 320 Research methodology (5 credits) For LLB admissibility of specific categories of evidence The module has two main components: generic research skills (b) Evidential aspects relating to the giving of evidence and the and methods and perspectives concerning legal research. constitutional implications for the law of evidence Generic skills: DLR 320 Law of delict (15 credits) (a) How to plan a research project For LLB, BA and BCom specialising in law (b) How to write a research proposal (c) Drafting of chapters (a) General principles of the law of delict (d) Language (b) Capita selecta from the principles applicable to specific delicts (e) Citation, ethics of citation, presentation IGZ 320 Intellectual property law (10 credits) Methods and perspectives concerning legal research: For LLB (a) The nature and purpose of comparative law, the advantages, disadvantages, and pitfalls of comparative research, dogmatic (a) General principles of intellectual property law and functional approaches to legal comparison, types of (b) Copyright comparative studies and the comparative method (c) Law relating to inventions and designs (b) Legal historical research (d) Trademark law (c) Legal pluralism (e) Law relating to plant breeders’ rights (d) Socio-legal approaches (f) Law of competition (e) Broad theoretical perspectives ISR 310 Insolvency law (10 credits) SAR 310 Law of things (15 credits) For LLB and BCom specialising in law For LLB and BCom specialising in law (a) General introduction and historical background (a) General principles of the law of things (b) The process of sequestration (b) Constitutional aspects (c) Effects of sequestration (c) Control (possession and holdership) (d) Voidable and void dispositions (d) Ownership (including joint ownership and sectional-title (e) Overview of administration of insolvent estates property) (f) Composition, rehabilitation and offences (e) Limited real rights (including servitudes, limiting provisions, (g) Liquidation of insolvent companies and close corporations public servitudes, mineral rights and real security rights) JUR 310 Jurisprudence (10 credits) VHD 320 Payment methods (10 credits) For LLB and BCom specialising in law For LLB and BA specialising in law (a) Elements of negotiability, the bill of exchange, cheques and An overview of the most important jurisprudential approaches, promissory notes; parties to bills, cheques and notes including natural law, positivism, realism, critical legal theory, (b) Requirements for validity, negotiation, holdership and and modern and postmodern approaches. The theoretical and acceptance practical value of these approaches is investigated within a post- (c) The banker-client relationship, crossings and additions to apartheid context. crossings, the legal position of the drawee and collecting bank (d) Electronic payment methods
11 Faculty of Law 2019/20 Composition of the LLB degree/Core modules Fourth year PVR 420 Private law (10 credits) For LLB First semester Second semester Core modules Capita selecta from any of the following: (a) Enrichment ABR 410 Labour law PBL 420 Public law (b) Estoppel PBL 410 Public law PVR 420 Private law (c) Personality rights SIP 400 Civil procedure law SIP 400 Civil procedure law SKY 410 Research: Essay SPR 400 Criminal procedure SIP 400 Civil procedure law (15 credits) and seminar law For LLB SPR 400 Criminal procedure law (a) Aspects of litigation techniques Plus four elective modules. (b) General principles of civil procedure (c) Practical application (d) Compiling pleadings Core modules SKY 410 Research: Essay and seminar (30 credits) For LLB ABR 410 Labour law (10 credits) For LLB (a) The essay deals with a subject from the field of law. (b) The supervisor informs final-year students of the date on (a) Individual labour law which the subject of the essay must be submitted to him or (b) Collective labour law her for approval. (c) Resolution of labour disputes (c) The head of department responsible for the subject, or a lecturer designated by him or her, acts as study leader and as PBL 410 Public law (10 credits) examiner, provided that the head of department may appoint For LLB an external examiner, should he or she deem it necessary. (d) Two typed, duplicated or printed copies of the essay of Introduction to criminal law: between 8 000 and 14 000 words (with an indication of the (a) Criminal law and the legal system number of words on the last page of the essay) must be (b) Criminal law and law of delict submitted. The essay must be submitted by the end of the (c) The concepts “criminal law” and “crime” first semester. (d) The history and sources of our criminal law (e) Determinism and indeterminism Each lecturer supervises a maximum of 15 students annually. (f) The purpose and function of the criminal law and crime The topics chosen by these students must preferably be (g) The classification of criminal law and crimes thematically linked. At the beginning of the year, all registered students attend one compulsory lecture as a group on the General principles of criminal law: elements of criminal approach to and writing of an essay. Following this, each lecturer liability: organises one seminar of two hours with his or her group of (a) Legality students during which students submit the topics and basic (b) The deed structure of their essays. (c) Unlawfulness (d) Capacity After completion of the essays, one copy must be handed in at (e) Fault the library and the other to the study leader. The lecturer then (f) Multiple defences organises a further series of seminars, where each student presents his or her conclusions for the group to criticise. At these PBL 420 Public law (10 credits) seminars, the lecturer also involves another faculty member or For LLB expert. Specific crimes: The evaluation is as follows: (a) Attempt, incitement and conspiracy (a) Written document: 70% (b) Participation and accessories after the fact (b) Participation in seminar: 20% (c) Crimes against life (c) Draft essay: 10% (d) Crimes against bodily integrity and parental authority (e) Crimes against reputation and dignity SPR 400 Criminal procedure law (15 credits) (f) Crimes against property and freedom of will For LLB (g) Crimes against sexual morality and family life (h) Crimes against public morality and religious feelings (a) The general principles of criminal procedure law in the lower (i) Crimes against the administration of justice and public courts, high courts and the Supreme Court of Appeal of South administration Africa (j) Crimes against the state (b) Drafting of pleadings (c) Practical application Punishment: (a) Theories of punishment (b) Forms of punishment
University of Pretoria 12 Elective modules Plus four modules selected from the following list (10 credits each, BLP 420 Tax practice unless otherwise indicated): (a) Transfer duty (b) Value-added tax AGF 420 Alternative dispute resolution (c) Diverse tax matters Theory pertaining to negotiation, mediation and arbitration, as well as the theoretical and practical implementation thereof CLW 420 Law and the community in various legal fields, such as criminal law, matrimonial law, The module has both a theoretical and a community engagement international law, labour law and sectional title law component. AMR 410 Law and transformation Theoretical: Introductory debate on the universality and cultural specificity of (a) Law and the community human rights, historical overview of human rights in Africa, the (b) Street law African Union and human rights, an overview and analysis of the (c) Popular justice African Charter on Human and Peoples’ Rights, and a comparative (d) Access to justice analysis of human rights situations in African countries Community engagement: ANO 410 Deeds and notarial practice (a) Involvement in local community projects Prerequisite: SAR 310 Law of Things (b) Presentation of lectures with legal themes at schools, (a) An overview of the origin and development of the professions factories, prisons and other local communities of conveyancer and notary (c) Drafting of information booklets and conducting research on (b) Statutory provisions applicable to conveyancers and notaries topics of law for local community bodies (c) Professional responsibility and ethics (d) Aspects surrounding the transfer of immovable property, GHR 420 Land and land reform law registration of mortgage bonds, servitudes and real rights (a) Introduction to the land and land reform law (e) Practical drafting of deeds and notarial documents (b) Capita selecta of policy documentation, constitutional and other statutory measures in respect of the use of land and land reform law (c) Relevant aspects of conveyancing law
13 Faculty of Law 2019/20 Elective modules GRG 410 Medical law (c) Aspects of intellectual property law and the Internet (a) General foundations of forensic medicine (d) E-commerce activities and the Internet: (b) Legal basis of the relationship between doctor/hospital and Aspects of jurisdiction and signing of contracts patient Data protection and encryption (c) Grounds of justification for medical interventions Liability of Internet service providers (d) Medical negligence and vicarious liability (e) Advertising and the Internet (e) The patient’s privacy and medical confidentiality (f) Criminal liability in information and communications (f) Artificial human procreation technology law (g) Liability for wrongful conception/birth/life (g) Constitutional aspects in information and communications (h) Transsexualism and sex-change operations technology law: (i) The moment of death and euthanasia The right to privacy/freedom of expression and (j) Aspects of medical disciplinary hearings information IET 411, 412, 413 and 414 International elective LBF 410 Law of banking and financial institutions module (a) Law pertaining to selected financial institutions Please consult the Yearbook at www.up.ac.za/yearbooks for (b) Banking law further details. (c) Insurance law IPR 410 Private international law LLB 491, 492 and 493 Special elective (a) Theoretical and historical background Selective modules as determined by the Dean, that are not (b) Conceptual problems presented annually. (c) Determination of foreign law (d) Conflict rules for the determination of an appropriate norm of LOC 410 Law of securities the following: (a) Legal principles in respect of the regulation of the primary Family law security markets Law of contract (b) Legal principles in respect of secondary security markets Law of delict Law of things MDR 420 Media law Law of succession Capita selecta from media and communications law in the light of (e) Recognition and enforcement of foreign judgements the Constitution, including the following: (a) The philosophical foundations and history of freedom of JUR 420 Jurisprudence speech, and the role of the media in a democracy The module focuses on various jurisprudential approaches, (b) Section 16 of the Constitution, and various limitations on including philosophical perspectives, critical theory and other freedom of expression inter- and transdisciplinary perspectives on law and their (c) A legal comparative study of freedom of expression in the response and relation to contemporary issues. USA, Canada and Germany (d) Defamation (including online defamation) KID 410 Child law (e) Privacy (a) The status of children in South African law (f) Journalistic privilege in South African law (b) The constitutional protection of children (g) Regulation of advertising (c) General principles of the Children’s Act 38 of 2005 (h) The Films and Publications Act 65 of 1996 (d) Parental responsibilities and rights (i) Child pornography (e) Children’s courts (f) Adoption and alternative care MRG 410 Municipal law (g) International instruments pertaining to children’s rights (a) Introduction to local government law in general (h) Intercountry adoption and international abduction (b) Process of local government transformation (i) Children and the criminal justice system (c) Status, objects and challenges of local government (d) Legal nature and duties of municipalities KUB 420 Information and communications (e) Cooperative government technology law (f) New institutional models in local government (a) Introduction to the study of information and communications (g) Demarcation of local government jurisdictions technology law: (h) Composition and election of local government structures The place of information and communications technology (i) Role of traditional leaders in local government law in the legal system (j) Powers and functions The nature and scope of information and communications (k) Political structures technology law (l) Municipal services and other functional activities Sources of information and communications technology (m) Human resources and labour issues law (n) Municipal finances and fiscal management Inception and influence of the Internet (o) Development, planning and unique local government (b) Regulation of the Internet: law matters National/international Jurisdiction
University of Pretoria 14 Elective modules OMR 410 Environmental law separate statutory offence, implications of the right to health care, (a) The nature and scope of environmental law notification of HIV/Aids and the limits of privacy, as well as aspects (b) The Constitution and the environment arising from medical experimentation and the development of a (c) Environmental framework regulation vaccine (d) Planning law (e) Environmental assessment SGR 410 Law of damages (f) Water law (a) General principles and doctrines of the law of damages (g) Pollution control and waste management (b) Specific principles regarding delictual damages (h) Mining and energy sources (c) Specific principles regarding contractual damages (i) Biodiversity and conservation of forests, plant resources and (d) Procedural principles in the law of damages wild animals (j) Heritage resources SKH 420 Moot court (k) Living marine resources Students who officially represent the Faculty at the annual African Human Rights Moot Court Competition or the Phillip C Jessup ONR 420 Education law International Law Moot Court Competition, or any other moot (a) Introduction to the nature and role of the law of education court competition approved by the Dean obtain credit for (b) Fundamental right to education and constitutional principles 420 Moot Court during the year of official participation. relevant to education (c) Certain specific rights of students, learners, parents and SMI 410 Statutory crimes educators (d) Basic legal principles of education management in public Crimes: schools Capita selecta from: (e) Basic legal principles regarding tertiary education (a) Computer crimes (f) Other relevant aspects of the law of education (b) Liquor and drug offences (c) Economic offences PRR 400 Practical law (20 credits, two electives) (d) Sexual offences (a) Practical legal work according to a duty roster at the (e) Offences within the family and against children University’s Law Clinic during the academic year, including (f) Offences against animals consultations with clients, drafting of pleadings and (g) Offences relating to dangerous weapons, firearms and attendance at trials explosives (b) Discussion classes regarding cases that are being dealt with at (h) Police and prisons offences the Law Clinic (i) Offences against the public safety and order (c) Assignments (j) Offences against the safety of the state (k) Offences against the environment PUR 420 International humanitarian law (l) Traffic offences (a) What is international humanitarian law (the law of war)? The (m) Minimum sentencing distinction between ius ad bellum and ius in bello (b) The historical development and sources of international Forensic criminalistics: humanitarian law (IHL) (a) Components and objectives of criminal investigation (c) Different types of armed conflict: the distinction between (b) Identification, comparison and individualisation international and non-international armed conflicts (c) Information-gathering through communication (d) Distinction between combatants and civilians (d) Serological examinations (e) The prisoner of war (POW) status: soldiers, spies, mercenaries (e) Odontological examinations and guerrillas (f) Dactyloscopic examinations (f) Conduct of hostilities: legal restraints on how war is to be (g) Trichological examinations waged (including the prohibition of certain weapons and the targets that may be engaged during hostilities) SOR 420 Social security law (g) The distinction between genocide, crimes against humanity (a) Scope and functions of social security and war crimes (b) Old-age grants and insurance (h) Winners or losers: war, international politics and the (c) Employment injuries and unemployment insurance implementation of IHL (d) Sickness, invalidity and health care (i) The protection of women and children during armed conflict (e) Child and family maintenance (j) Accountability or impunity: the prosecution of war crimes by national courts, ad hoc tribunals (the International Criminal SRR 420 Sports law Tribunal for the former Yugoslavia (ICTY) and the International (a) Delictual liability Criminal Tribunal for Rwanda (ICTR)) and the International (b) Contractual liability Criminal Court (ICC) (c) Criminal liability (k) The devil made me do it: superior orders and command (d) Diverse aspects arising from sports responsibility during war (l) The role of the International Committee of the Red Cross TBR 420 Transnational business law (ICRC) (a) International contracts of sale (b) International contracts of carriage RHV 410 Legal problems of HIV and Aids (c) Insurance contracts in international transactions An introduction to the medical and social aspects of the disease, and aspects of the legal position of people with HIV/Aids, seminar TBS 410 Trusts and estates assignments (mini-dissertations) about problems of a moral and (a) Aspects of trust law legal nature, such as the criminalisation of HIV infection as a (b) Aspects of administration of deceased estates
You can also read