Contents

School of Law
1 General 2 Admission requirements 3 The LLM degree 4 The LLD degree 5 Progress and re-registration 6 Curricula for specialist LLM degrees 7 Syllabi for LLM papers

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School of Law
The University of South Africa

College of Law

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: post-jus@unisa.ac.za Call centre: 0861 670 411

This brochure deals specically 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 qualications). The Postgraduate information brochure, which contains specic information on requirements for registration, closing dates for registration, fees and instructions for the completion of the registration form. General information: Masters and Doctors degrees, which contains the general rules of the University in respect of masters and doctoral studies, as well as detailed information regarding the masters dissertation and the doctoral thesis.

The purpose of the LLM and LLD degrees

The primary purpose of these qualications is to equip graduates with the knowledge, specic skills and applied competence in a number of legal elds 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 qualications is to provide South Africa and the global community with postgraduate lawyers in a number of learning elds to ensure that the leadership base of innovative and knowledgebased economic and scholarly activity is widened. A third purpose of the qualications 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.

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2 ADMISSION REQUIREMENTS
LLM degree
To be admitted to the studies for the LLM degree, candidates must hold at least one of the following qualications: (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 attorneys 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 degree
To be admitted to studies for the LLD degree, you must hold at least one of the following qualications: (a) the LLB degree, completed in accordance with the curriculum prescribed before 1998 (the old LLB). The new four-year LLB is therefore not sufcient. (b) the LLM degree. Possession of the qualication 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 Masters 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 reect 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 masters degree, you may choose between the traditional research Masters degree (Curriculum A) and the structured coursework Masters degree (Curriculum B). You should indicate clearly on the application form the curriculum for which you are registering.

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Transitional arrangements
Students 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 LLM

The qualication 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 xed time limit for the completion of the research LLM, the usual duration is approximately two years. Re-registration is considered annually based on a candidates progress. The degree may not be completed in less than a year.

3.1.1 Preliminary discussions

If you meet the minimum requirements, you may register. You must then approach the head of the department in which your eld 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 nalised through consultation between yourself and the supervisor.

3.1.2 Formal application

As soon as the title has been nalised, 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 proposal

After 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 dissertation

Once 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 indenite 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 Dissertation
For 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:- Masters and Doctors degrees. A mark of at least 50% must be obtained for the dissertation.

3.2 Curriculum B: Coursework LLM

This LLM is offered through structured coursework which consists of LLM papers, and a short dissertation of 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.

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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 xed time limit for completion of the degree, re-registration is considered annually on the basis of a candidates 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 rst year of registration. Candidates who have not passed any of the LLM papers at the end of the rst 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 curriculum

As 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 rst 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 degrees

The 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 curriculum

You 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 Child law Constitutional property law Credit security Dissertation Drafting of commercial contracts Information technology law 2 (private law) Law of contract Law of delictual damages (MADPLWW) (MCHILW5) (MPROLWD) (MCRELW4) (LLMSKPU) (MDCCLWX) (MITLW24) (MCONLWL) (MDELLW8) (MFAMLW4) (LLMSKRW) (MITLW46) (MPCMLW4) (LLMHHC4) (LLMHSAR) (LLMHRDS) (MBALW19) (MBALW2A) (MCLAW1R) (MCLAW2S) (MCPTLWD) (MCOPLWS) (MDESLWV) (LLMSKHL) (MENDSLU) (MESDLWG) (MTX1LW9) (MTX2LWC) (MITLW35) (MIWJLWC) (MINLW19) (MINLW2A) (MGINLWG) (MLALW1W) (MLALW2X) (MTRDLWV) (MPATLWJ) (MSOSELY)

Marriage law Department of Jurisprudence Dissertation Information technology law 4 (select aspects) Proprietary consequences of marriage Legal aspects of HIV/AIDS 1: HIV/AIDS in the health care context Legal aspects of HIV/AIDS 2: HIV/AIDS and selected areas of the law Legal aspects of HIV/AIDS 3: The rights and duties of persons living with HIV/AIDS Department of Mercantile Law Banking law 1 Banking law 2 Company law 1 Company law 2 Competition law Copyright Design law Dissertation Employment discrimination law Estate duty donations tax and transfer duty Income tax law 1 Income tax law 2 Information technology law 3 (intellectual property law) Insolvency, winding-up and judicial management Insurance law 1 Insurance law 2 Intellectual property aspects of global information networks Labour law 1 Labour law 2 Law of trade marks Patent law Social security law

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 The law relating to negotiable instruments Value-added tax Department of Criminal and Procedural Law Criminal law Criminal procedure Dissertation Evidence Information technology law 1 (evidence and criminal law) Forensic medicine Medical law Department of Constitutional, International and Indigenous Law Administrative law Advanced principles of public international law Constitutional interpretation Constitutional law Development law Dissertation Environmental law Equality and difference Fundamental rights litigation 1 Fundamental rights litigation 2 International human rights International law on foreign investment International economic law

(MNINLWN) (MVATLWK) (MCRLAW3) (MCRPLW9) (LLMSKSX) (MEVDLWU) (MITLW13) (MFORLWJ) (MMEDLWV) (MADMLWM) (MPINLWY) (MSINLWJ) (MCSTLWR) (MDEVLW9) (LLMSKCF) (MENVLWM) (MEQDLW8) (MFR1LWX) (MFR2LW4) (MIHRLW4) (MINLFIE) (MIECLW5)

3.2.2 Examinations LLM papers

The examinations in the LLM papers are written examinations of four hours each and take place at the same time as the other postgraduate examinations of the University, namely in January/February. Under exceptional circumstances, a Masters 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 nal examination mark. In that case, you will be informed accordingly in a tutorial letter.

3.2.3 Short dissertation

You 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, specically with regard to the candidates 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 Universitys 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 justication, 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 candidates 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 rst 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 ve components: (1) Banking law 1 (2) Banking law 2 (3) The law relating to negotiable instruments (4) Research methodology for law (5) A short dissertation on an approved topic in the eld of banking law or negotiable instruments (MBALW19) (MBALW2A) (MNINLWN) (LLMRESG) (LLMSKHL)
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MASTER OF LAWS WITH SPECIALISATION IN COMMERCIAL LAW (COM)

The curriculum comprises ve components: (1) (2) Research methodology for law A short dissertation on an approved topic in the eld of commercial law (LLMRESG) (LLMSKHL) (MBALW19) (MBALW2A) (MCLAW1-) (MCLAW2S) (MCPTLWD) (MCOPLWS) (MDESLWV) (MENDSLU) (MESDLWG) (MTXILW9) (MTX2LWC) (MITLW35) (MIWJLWC) (MINLW19) (MINLW2A) (MLALW1W) (MLALW2X) (MTRDLWV) (MPATLWJ) (MSOSELY) (MNINLWN) (MVATLWK)

plus THREE of the following (3) Banking law 1 (4) Banking law 2 (5) Company law 1 (6) Company law 2 (7) Competition law (8) Copyright (9) Design law (10) Employment discrimination law (11) Estate duty, donations tax and transfer duty (12) Income tax law 1 (13) Income tax law 2 (14) Information technology law 3 (intellectual property law) (15) Insolvency, winding-up and judicial management (16) Insurance law 1 (17) Insurance law 2 (18) Labour law 1 (19) Labour law 2 (20) Law of trade marks (21) Patent law (22) Social security law (23) The law relating to negotiable instruments (24) Value-added tax

MASTER OF LAWS WITH SPECIALISATION IN CORPORATE LAW (COP)

The curriculum comprises the following ve components: (1) (2) (3) (4) (5) (6) (7) (8) (9) Company law 1 Company law 2 Research methodology for Law A short dissertation on an approved topic in the eld of corporate law Insolvency, winding-up and judicial management Competition law Drafting of commercial contracts Income tax law 1 Income tax law 2 (MCLAW1R) (MCLAW2S) (LLMRESG) (LLMSKHL) (MIWJLWC) (MCPTLWD) (MDCCLWX) (MTX1LW9) (MTX2LWC)

plus ONE of the following:

MASTER OF LAWS WITH SPECIALISATION IN CRIMINAL LAW AND CRIMINAL PROCEDURE (CRI)
The curriculum comprises the following ve components: (1) Criminal law (2) Criminal procedure (MCRLAW3) (MCRPLW9)

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(3) Research methodology for Law (4) A short dissertation on an approved topic in the eld of criminal law or criminal procedure plus ONE of the following: (5) (6) (7) (8) (9) Evidence Information technology law 1 (evidence and criminal law) Constitutional interpretation Medical law Forensic medicine

(LLMRESG) (LLMSKSX) (MEVDLWU) (MITLW13) (MSINLWJ) (MMEDLWV) (MFORLW)

MASTER OF LAWS WITH SPECIALISATION IN FAMILY LAW (FAL)

The curriculum comprises the following ve components: (1) Child law (MCHILW-5) (2) Marriage law (3) Proprietary consequences of marriage (4) Research methodology for law (5) A short dissertation on an approved topic in the eld of family law

(MFAMLW4) (MPCMLW4) (LLMRESG) (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 ve components: (1) (2) (3) (4) (5) (6) (7) (8) Fundamental rights litigation 1 Fundamental rights litigation 2 Research methodology for law A short dissertation on an approved fundamental rights topic Constitutional interpretation Constitutional law Equality and difference International human rights (MFR1LWX) (MFR2LW4) (LLMRESG) (LLMSKCF) (MSINLWJ) (MCSTLWR) (MEQDLW8) (MIHRLW-)

plus ONE of the following

MASTER OF LAWS WITH SPECIALISATION IN INFORMATION TECHNOLOGY LAW (ITF)

The curriculum comprises ve components: (1) Research methodology for law (2) A short dissertation on an approved topic in the eld of information technology law plus THREE of the following (3) Information technology law 1 (evidence and criminal law) (4) Information technology law 2 (private law) (5) Information technology law 3 (intellectual property law) (6) Information technology law 4 (select aspects) (MITLW13) (MITLW24) (MITLW35) (MITLW46) (LLMRESG) (LLMSKHL)

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MASTER OF LAWS WITH SPECIALISATION IN INSURANCE LAW (INL)

The curriculum comprises the following ve components: (1) (2) (3) (4) (5) (6) (7) (8) Insurance law 1 Insurance law 2 Research methodology for law A short dissertation on an approved topic in the eld of insurance law Company law 1 Estate duty, donations tax and transfer duty Income tax law 1 Income tax law 2 (MINLW19) (MINLW2A) (LLMRESG) (LLMSKHL) (MCLAW1R) (MESDLWG) (MTX1LW9) (MTX2LWC)

and; plus ONE of the following:

MASTER OF LAWS WITH SPECIALISATION IN INTELLECTUAL PROPERTY LAW (INP)

The curriculum comprises the following ve components: (1) Research methodology for law (2) A short dissertation on an approved topic in the eld of intellectual property law plus THREE of the following: (3) (4) (5) (6) (7) (8) Competition law Copyright Design law Intellectual property aspects of global information networks Law of trade marks Patent law (MCPTLWD) (MCOPLWS) (MDESLWV) (MGINLWG) (MTRDLWV) (MPATLWJ) (LLMRESG) (LLMSKHL)

MASTER OF LAWS WITH SPECIALISATION IN INTERNATIONAL ECONOMIC LAW (IEL)

The curriculum comprises the following ve components: (1) (2) (3) (4) (5) Advanced principles of public international law International economic law International law on foreign investment Research methodology for law A short dissertation on an approved topic in the eld of international economic law (MPINLWY) (MIECLW5) (MINLFIE) (LLMRESG) (LLMSKCF)

MASTER OF LAWS WITH SPECIALISATION IN LABOUR LAW (LAL)

The curriculum comprises the following four components: (1) (2) (3) (4) Labour law 1 Labour law 2 Research methodology for law A short dissertation on an approved topic in the eld of labour law (MLALW1W) (MLALW2X) (LLMRESG) (LLMSKHL) (MENDSLU) (MSOSELY)

plus ONE of the following: (5) Employment discrimination law (6) Social security law

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MASTER OF LAWS WITH SPECIALISATION IN THE LEGAL ASPECTS OF HIV/AIDS (HIA)

The curriculum comprises the following ve components: (1) Legal aspects of HIV/AIDS 1: HIV/AIDS in the health care context (2) Legal aspects of HIV/AIDS 2: HIV/AIDS in selected areas of the law (HIV/AIDS in the workplace; HIV/AIDS and children) (3) Legal aspects of HIV/AIDS 3: The rights and duties of persons living with HIV/AIDS (4) Research methodology for law (5) Legal aspects of HIV/AIDS 4: A dissertation on an approved topic in the eld of HIV/AIDS and the law (LLMHHC4) (LLMHSAR) (LLMHRDS) (LLMRESG) (LLMSKRW)

MASTER OF LAWS WITH SPECIALISATION IN PRIVATE LAW (PRL)

The curriculum comprises ve of the following components: (1) Research methodology for law (2) A short dissertation on an approved topic in the eld of private law plus THREE of the following (3) Advanced property law (4) Child law (5) Constitutional property law (6) Credit security (7) Drafting of commercial contracts (8) Information technology law 2 (private law) (9) Law of contract (10) Law of delictual damages (11) Marriage law (MADPLWW) (MCHILW5) (MPROLWD) (MCRELW4) (MDCCLWX) (MITLW24) (MCONLWL) (MDELLW8) (MFAMLW4) (LLMRESG) (LLMSKPU)

MASTER OF LAWS WITH SPECIALISATION IN PROPERTY LAW (PRP)

The curriculum comprises the following ve components: (1) Research methodology for law (2) A short dissertation on an approved topic in the eld of property law (3) Advanced property law (4) Constitutional property law (MPROLW-D) (5) Credit security (LLMRESG) (LLMSKPU) (MADPLWW)

(MCRELW4)

MASTER OF LAWS WITH SPECIALISATION IN TAX LAW (TAL)

The curriculum comprises the following ve components: (1) Research methodology for Law (2) A short dissertation on an approved topic in the eld of tax law plus any THREE of the following: (3) (4) (5) (6) Estate duty, donations tax and transfer duty Income tax law 1 Income tax law 2 Value-added tax (MESDLWG) (MTX1LW9) (MTX2LWC) (MVATLWK) (LLMRESG) (LLMSKHL)

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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 2 3 An open and transparent administration, bureaucratic accountability and the role of the courts and administrative tribunals in controlling corruption The discretionary powers of the state administration and rule making by the administration 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 2 3 4 The relationship between public international law and South African municipal law Jurisdiction State immunity 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 governments initiation of the New Partnership for Africas 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 nd 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 nance. 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 2 3 4 5 6 7 8 9 National and international perspectives on environmental rights Philosophical and jurisprudential norms of environmental protection Environmental law principles and governmental policy National and international environmental enforcement and regulation Public interest and public participation in environmental decision making and regulation National and international perspectives on land use and planning and environmental protection Strategies for an integrated environmental management system National and international perspectives on environmental impact assessments (EIAs) National and international pollution control with reference to specic aspects of air pollution, water pollution and waste pollution 10 National and international perspectives on the conservation of natural resources with reference to certain aspects of soil, fauna and ora

7.1.7 Equality and difference (MEQDLW8)

The paper consists of the following four topics: 1 2 3 4 5 Conceptions of equality and difference The right to equality from an international and comparative perspective The equality jurisprudence of South African courts The ways in which racial, gender and other identities are constructed in legal discourse 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 2 3 4 5 6 Conceptions and critique of fundamental rights Rights, constitutionalism, democracy and the separation of powers Modes of constitutional interpretation and argumentation Application Selected capita: specic fundamental rights guarantees 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, conrmation of declarations of invalidity, direct access, direct appeals and appeals from the Supreme Court of Appeal. Court rules and practice directions: Magistrates courts; High Courts; the Constitutional Court The exclusive jurisdiction of the Constitutional Court, conrmation of declarations of invalidity, direct access, direct appeals and appeals from the Supreme Court of Appeal.

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Access to court and justiciability The identication of fundamental right infringements, putting sufcient evidence before the court and specically rule 30 of the Constitutional Court Rules (the Brandeisbrief). 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 2 3 4 The nature and sources of international economic law and its relation to public international law and the emerging international lex mercatoria. The legal regulation of the international economy and international economic institutions. International legal transactions with special emphasis on the role of the state. 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 2 The sources of international law on foreign investment The international regulatory regime 2.1 Admission and entry 2.2 Treatment and conditions of operation Investment contracts Expropriation Accountability of the host state Protection by the investors home state Dispute settlement

3 4 5 6 7

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 2 The requirement of culpability in criminal law. 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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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 inuence of prescribed minimum sentences. This caput is aimed at providing practical guidance for the imposition of sentences. NB: Not all the abovementioned capita selecta will necessarily be offered in any given year.

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 rule 2 The burden of proof and the measures of proof 3 The admissibility and assessment of admissions and confessions in criminal proceedings 4 Evidential privilege in civil and criminal proceedings 5 The admissibility of computer-generated evidence 6 The exclusionary rule NB: Not all the abovementioned capita selecta will necessarily be offered in any given year.

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 Jurisdiction 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 2 3 Medico-legal aspects of sudden and unexpected deaths of children and infants. Medico-legal aspects of sexual offences, abortion, infanticide and concealment of birth, Caffeys syndrome. Medico-legal aspects of acute alcoholic intoxication.

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7.2.6 Medical law (MMEDLWV) Curriculum:

Three capita from the following: 1 2 3 4 The doctrine of informed consent Medico-legal issues relating to the treatment of terminal patients Medico-legal issues surrounding in vitro fertilisation 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 obligations e-Government (including technology policies and standards, and their legal implications) Service delivery (including legal implications of technology in service delivery, automated systems, and computerised case processing) Tax implications of information technology (including the direct and indirect taxation of electronic commerce, and the electronic ling of tax returns and collection of taxes) Financial services in the digital environment 5.1 Electronic payment systems, with specic reference to the Internet 5.2 Electronic intermediaries 5.3 Fraud and security 5.4 Regulation of nancial services (including e-cash) Online resolution of commercial disputes (including online mediation and arbitration)

2 3 4 5

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 conict of laws/private international law context. The paper comprises three sections: Section A An introduction to proprietary consequences of marriage: 1 The conict rule 2 The connecting factor 3 Issues of characterisation Section B A comparative study of selected common law and civil law systems with regard to proprietary consequences of marriage Section C A critical evaluation of the current South African legal position and its effect on the position of women, and proposals for law reform

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, specic 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 2 3 Background to the HIV/Aids epidemic HIV/Aids and public health responses 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, specic skills and applied competence in the law as it relates to HIV/Aids and selected areas of the law. The paper comprises the following components: 1 2 HIV/Aids in the workplace (including, relevant legislation and case law) (offered by the Department of Mercantile Law) 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, specic skills and applied competence in the law as it relates to HIV/Aids and the rights and duties of persons with HIV/Aids. The paper comprises the following components: 1 2 3 International human rights law South African human rights law 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 nancial institutions 1.3 Money laundering 1.4 Foreign banks 1.5 Central banking: the South African Reserve Bank Banks and their customers 2.1 The bank-customer relationship 2.2 The bank as a borrower: taking deposits 2.3 The duty of condentiality and bank secrecy Banks and nancing 3.1 Financing by way of loans 3.2 Overdraft facilities on cheque accounts 3.3 Syndicated loans 3.4 Financial leasing 3.5 Letters of undertaking Exchange control

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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. This paper entails an advanced study of the following capita selecta: 1 2 Money payments Paper-based payments and methods of payment other than negotiable instruments 2.1 Credit cards 2.2 Other payment cards 2.3 Letters of credit (documentary letters of credit and electronic letters of credit) 2.4 Travellers cheques 2.5 Stop orders and debit orders 2.6 Postal orders Electronic payments 3.1 Electronic payment systems 3.2 Netting Instruments of nance 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 2 3 4 5 6 7 The nature and functions of the company Incorporation and constitution Capacity and representation Capital, shares, prots and dividends Members: their rights and duties Company groupings Close corporations

7.4.4 Company law 2 (MCLAW2S)

This paper entails an advanced study of the following: 1 2 3 4 5 6 Management, with particular reference to directors Reorganisation, alterations in control, arrangements and compromises Annual nancial statements and auditors Winding-up and judicial management Investor protection 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 legislation 2 The public law regulation of competition 3 Case studies of public law regulation of competition 4 The relationship between the public law and private law of competition 5 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 2 3 4 5 6 7 8 The ownership of copyright The subject matter of copyrights Requirements for the subsistence of copyright Infringement of copyright and the remedies in respect thereof under the Copyright Act 98 of 1978 and common law The assignment and transmission of copyright, including the granting of copyright licences; publishing agreements Collective administration of rights; rights management information International copyright law: conventions and developments; comparison of South African copyright law with other systems Copyright and breaches of condence

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. This paper entails an advanced study of the following capita selecta: 1 2 3 History and theory of design (including the form/function dichotomy) International legal framework Protection of registered designs 3.1 Subject matter; distinction between functional and aesthetic designs 3.2 Requirements for protection 3.3 Exclusions (including spare parts) 3.4 Scope of protection 3.5 Ownership; term of protection; licensing 3.6 Infringement and remedies Hybrid forms of design protection (including trade dress, and unregistered design right) Interplay between copyright and design protection (including non-derogation of rights) 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) Alternative forms of protection (including petty patents)

4 5 6

7.4.8 Employment discrimination law (MENDSLU)

The paper entails an advanced study of the following: 1 2 3 4 5 6 7 8 The South African legislative framework relating to discrimination in context General principles of employment discrimination law Dismissal on discriminatory grounds Discrimination against people with disabilities Employment testing Harassment in the workplace Afrmative action in the workplace Unfair discrimination in the workplace under the Promotion of Equality and Prevention of Unfair Discrimination Act

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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 2 An advanced study of the South African law relating to estate duty, donations tax and transfer duty 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 2 3 4 5 6 7 8 The legal framework The determination of taxable income The bases of taxation of residents and non-residents Receipts or accruals of a capital nature Specic inclusions Exempt income Allowable deductions 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 specic reference to the following topics: 1 2 3 4 5 6 7 The taxation of companies, close corporations and dividends The taxation of some specic types of income The taxation of capital gains International aspects of income taxation Avoidance of tax liability Tax procedures and other matters 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 le-sharing technologies) 1.2 Licensing 1.3 Direct, indirect and contributory infringement of economic rights 1.4 Technical protection measures 1.5 Exceptions and limitations in the digital environment 1.6 Moral rights in the digital environment 1.7 Electronic rights management 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) Domain names 3.1 Regulation and governance 3.2 Conict between trade marks and domain names 3.3 Resolution of domain-name disputes Protection of electronic databases (including contract, copyright, sui generis protection and unlawful competition) Liability of Internet service providers for the infringement of intellectual property rights 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Voluntary surrender Compulsory sequestration Effect of sequestration on property of the solvent spouse Dispositions that can be set aside Effects of sequestration on contracts entered into before insolvency Curators bonis, provisional trustees and trustees Meetings of creditors and proof of claims Secured and preferent creditors Composition Rehabilitation Methods and initiation of winding-up Members voluntary winding-up Winding-up by the court and creditors voluntary winding-up Dissolution and deregistration Judicial management Compromise 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 2 3 4 The nature and characteristics of the insurance contract, with specic reference to the requirement of an insurable interest Misrepresentation in insurance law Terms of the insurance contract, with specic reference to insurance warranties and other terms relating to risk The principle of indemnity

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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 2 3 4 5 6 The history of insurance law The parties to the insurance contract, with particular emphasis on the involvement of third parties Insurance intermediaries Life and personal accident insurance Marine insurance 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. This paper entails an advanced study of the following capita selecta: 1 2 3 International legal framework Domain names Trade marks 3.1 Use of trade marks, trade names, and business names 3.2 Infringement of trade marks 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) Protection of digital databases Enforcement of intellectual property rights Online service provider liability

5 6 7

7.4.17 Labour law 1 (MLALW1W)

This paper entails an advanced study of the following capita selecta: 1 2 3 4 5 Law, labour, and the exercise of economic power The deciencies of common law in regulating labour relations The contract of employment The law of unfair dismissal 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 3 4 5 6

Freedom of association Organisational rights Collective bargaining Industrial action 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 2 3 4 5 6 7 8 The nature, function and statutory denition of a trade mark Registration of trade marks Assignment and licensing of trade marks Amendment and rectication of the register Infringement of trade mark rights and remedies Common-law protection Company names and trading styles; other legislation affecting trade marks 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 2 3 4 5 6 7 8 The subject matter of patents and the nature and function of a patent system The requirements and procedure for the registration of patents; grounds of invalidity Proprietary aspects of inventions and patents, employees inventions, joint applicants Infringement of patent rights and remedies Assignment and licensing of patents Interpretation and amendment of patent specications; rectication of the register Restoration and extension of patents International patent law: conventions, international application procedure and investigations; comparison of South African patent law with other patent systems 9 Other legislation affecting patents 10 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 2 3 4 5 6 7 8 9 10 11 The concept social security The constitutional context The scope of coverage Retirement and old age Health care Employment injuries and accidents Motor vehicle accidents Unemployment insurance Social assistance New elds of social security The administrative and institutional framework

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7.4.22 The law relating to negotiable instruments (MNINLWN)

The paper entails an advanced study of the following: 1 2 3 4 5 6 7 8 9 The legal objects of negotiation The legal requirements for a valid negotiable instrument The holder and the holder in due course The consequences of discharge The bank-customer relationship The legal nature of crossed cheques, and of non-transferable cheques The payment and transfer of cheques The legal position of the collecting bank 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 2 3 An advanced study of the South African law relating to value-added tax International aspects of value-added tax, including the measures to avoid international double taxation 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 Minority 2 The parent-child relationship 3 Protection of children 4 Maintenance 5 Childrens 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 2 3 4 5 6 What is property? Deprivation of property Expropriation of property Land reform Housing issues 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 security Personal security (suretyship)

7.5.5 Drafting of commercial contracts (MDCCLWX)

This paper entails a practical approach to the drafting of commercial contracts, with specic reference to the following three aspects: Format and structure of a contract: Precontractual documents; formalities; contract drafting techniques; basic issues and clauses affecting all contracts; interpretation of contracts 2 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. 1

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 perspectives 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 messages Access to information 3.1 Electronic collection of personal information 3.2 Storing of personal information 3.3 Promotion of access to information Consumer protection (including protection relating to spam, unsolicited transactions, international transactions, payment and the abuse of payment information, cooling off, and exclusion clauses) 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
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7.5.7 Marriage law (MFAMLW4)

This course consists of an advanced study of the following: 1 Matrimonial property systems 2 Maintenance between spouses 3 Marriage breakdown 4 Non-traditional families 5 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 specic reference to the following topics: 1 2 3 Nature, purpose and extent of compensation in the law of delict Sources and history 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 benets (res inter alios acta); time of computing damages; future loss (once-and-for-all rule) 4.2 Injury to personality: Theories; specic 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 damage 7 Determining the quantum of damages, with reference to specic cases of patrimonial loss as well as injury to personality

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