Master of Laws (Structured – 7801) / (Thesis – 7821)

August 11, 2023

Doctor of Philosophy (7901)

August 11, 2023

Faculty of Law Programme:

Master Of Philosophy (Structured – 7871) / (Thesis – 7860)

MASTER OF PHILOSOPHY (Structured – 7871) / (Thesis – 7860)

H.47 ADMISSION

Unless Senate decides otherwise, a student shall be required to meet the following criteria to be enrolled for the Master of Philosophy Degree – MPhil (as indicated in H.68.1):

Applicants who have not obtained an LLB or equivalent qualification, but have a degree or diploma of the University or of another tertiary institution, of which the latter degree or diploma, in the opinion of the Faculty of Law and Senate, is of a comparable standard, or who has in any other manner attained a level of competence which, in the opinion of the Faculty of Law and Senate, is adequate for the purpose of admission, may be registered for the Master of Philosophy Degree.

H.48 SELECTION

Final selection shall be based on an applicant meeting the criteria as determined by the Faculty.

H.49 DURATION

Unless Senate decides otherwise, the duration of the programme shall be one year full-time or two years part-time, with a maximum period of study of three years.

H.50 CURRICULUM

The Master of Philosophy programme is offered in the following areas of specialisation:

Comparative Constitutional Law
Comparative Labour Law
Disability Law (not offered in 2023)
Environment Law
Human Rights Protection
Law, State and Multi-level Government
Mercantile Law
Transnational Criminal Justice

A student registered for the Master of Philosophy Degree in the Faculty of Law may follow any of the following Modes:

MODE I: Four Modules and a Research Paper
MODE II: Two Modules and a Mini-Thesis
MODE III: Full-Thesis

H.47.1 MODE I: Four Modules and a Research Paper (7871)

H.68.3.1 Comparative Labour Law

Compulsory:

Research Paper 805 (1st Enrolment) LAB805 – 60 credits

Electives (select four modules):

Competition Law and Work 812 CPT812 – 30 credits
Disability Law and the Workplace 812 DLP812 – 30 credits
Dispute Resolution 811 DPR811 – 30 credits
The Extension of Social Protection 811 ESP811 – 30 credits
Labour Law in the New Global Market 811 LAB811 – 30 credits
Law of Unfair Dismissal 812 LAB812 – 30 credits

FINAL TOTAL: 180 credits

H.68.3.2 Comparative Constitutional Law

Compulsory:

Research Paper 805 (1st Enrolment) CLL805 – 60 credits
Research Paper 806 (2nd Enrolment) CLL806
Comparative Constitutional Law 811 CCL811 – 30 credits
Constitutional Law, Politics and Theory 811 CIN811 – 30 credits
Constitutional Design in Divided Societies 811 CDS811 – 30 credits
Constitutional Rights Interpretation 800 CIN800 – 30 credits

FINAL TOTAL: 180 credits

H.68.3.3 Environment Law

Compulsory:

Research Paper 805 (1st Enrolment) IEL805 – 60 credits
Research Paper 806 (2nd Enrolment) IEL806
Climate Law and Governance 818 CLL818 – 30 credits
Constitutional Law and Nature 819 CLL819 – 30 credits
International Environmental Law 811 IEL811 – 30 credits
Advanced Environmental Law 812 IEL812 – 30 credits

FINAL TOTAL: 180 credits

H.68.3.4 Human Rights Protection

Compulsory:

Research Paper 805 (1st Enrolment) IHR805 – 60 credits
Research Paper 806 (2nd Enrolment) IHR806
International Protection of Human Rights Law 814 IHR814 – 30 credits

Electives (select three modules):

Gender Equality and Women’s Rights 815 CLL815 – 30 credits
Legal and Cultural Pluralism 816 CLL816 – 30 credits
Children’s Rights 817 CLL817 – 30 credits
International Family Law 811 FAM811 – 30 credits
International Humanitarian Law 815 (not offered in 2023) IHR815 – 30 credits
Global Human Rights Issues 816 IHR816 – 30 credits
Islamic Law and Jurisprudence 811 PRL811 – 30 credits
Economic, Social and Cultural Rights 811 SER811 – 30 credits
Constitutional Property Law 811 CPL811 – 30 credits
Land Reform and Housing Law 812 CPL812 – 30 credits

FINAL TOTAL: 180 credits

H.68.3.5 Transnational Criminal Justice

Compulsory:

Research Paper 805 (1st Enrolment) Research Paper 806 (2nd Enrolment) TCJ805 TCJ806 – 60 credits
International Anti-Corruption Law 812 IAL812 – 30 credits
International Criminal Law 811 IHR811 – 30 credits
International Anti-Money Laundering Law 811 OML811 – 30 credits
Transitional Justice 812 IHR812 – 30 credits

FINAL TOTAL: 180 credits

H.68.3.6 Mercantile Law

Compulsory:

Research Paper 805 (1st Enrolment) Research Paper 806 (2nd Enrolment) MER805 MER806 – 60 credits

Electives (select four modules):

Corporate Governance and Remedies 811 COR811 – 30 credits
Competition and Information Law 814 CPT814 – 30 credits
Comparative Regional Integration and Development 813 IHR813 – 30 credits
International Trade 811 ITB811 – 30 credits
Dispute Settlement in International Transactions 811 SIT811 – 30 credits
Competition Law and Regulation 811 CPT811 – 30 credits
Corporate Governance and Remedies 811 COR811 – 30 credits
International Taxation Law 811 ITT811 – 30 credits
Tax Administration 812 TLA812 – 30 credits
Mergers and Acquisitions 813 CPT813 – 30 credits
Corporate Financial Regulation 812 COR812 – 30 credits
Corporate Insolvency Law 813 (not offered in 2023) COR813 – 30 credits

FINAL TOTAL: 180 credits

H.68.4 MODE II: Two Modules and a Mini-Thesis (7871)

H.68.4.1 Comparative Labour Law

Compulsory:

Mini-Thesis 803 (1st Enrolment) Mini-Thesis 804 (2nd Enrolment) LAB803 LAB804 – 120 credits

Electives (select two modules):

Competition Law and Work 812 CPT812 – 30 credits
Disability Law and the Workplace 812 DLP812 – 30 credits
Dispute Resolution 811 DPR811 – 30 credits
Law of Unfair Dismissal 812 LAB812 – 30 credits
Labour Law in the New Global Market 811 LAB811 – 30 credits
The Extension of Social Protection 811 ESP811 – 30 credits

FINAL TOTAL: 180 credits

H.68.4.2 Comparative Constitutional Law

Compulsory:

Mini-Thesis 803 (1st Enrolment) Mini-Thesis 804 (2nd Enrolment) CLL803 CLL804 – 120 credits
Comparative Constitutional Law 811 CCL811 – 30 credits

Electives (select one module):

Constitutional Design in Divided Societies 811 CDS811 – 30 credits
Constitutional Law, Politics and Theory 811 CIN811 – 30 credits
Constitutional Rights Interpretation 800 CIN800 – 30 credits

FINAL TOTAL: 180 credits

H.68.4.3 Mercantile Law

Compulsory:

Mini-Thesis 803 (1st Enrolment) MER803 – 120 credits
Mini-Thesis 804 (2nd Enrolment) MER804

Electives (select two modules):

Comparative Regional Integration and Development 813 IHR813 – 30 credits
International Trade 811 ITB811 – 30 credits
International Taxation Law 811 ITT811 – 30 credits
Dispute Settlement in International Transactions 811 SIT811 – 30 credits
Competition and Information Law 814 CPT814 – 30 credits
Competition Law and Regulation 811 CPT811 – 30 credits
Corporate Governance and Remedies 811 COR811 – 30 credits
Tax Administration 812 TLA812 – 30 credits
Mergers and Acquisitions 813 CPT813 – 30 credits
Corporate Financial Regulation 812 COR812 – 30 credits
Corporate Insolvency Law 813 (not offered in 2023) COR813 – 30 credits

FINAL TOTAL: 180 credits

H.68.4.4 Disability Law (not offered in 2023)

Compulsory:

Mini-Thesis 803 (1st Enrolment) Mini-Thesis 804 (2nd Enrolment) DSL803 DSL804 – 120 credits
Introduction to Disability Law and Policy 811 DLP811 – 30 credits
UN Disability Convention and Optional Protocol 812 DPC812 – 30 credits

FINAL TOTAL: 180 credits

H.68.4.5 Environment Law

Compulsory:

Mini-Thesis 803 (1st Enrolment) Mini-Thesis 804 (2nd Enrolment) IEL803 IEL804 – 120 credits
Advanced Environmental Law 812 IEL812 – 30 credits

Electives (select one module):

International Environmental Law 811 IEL811 – 30 credits
Climate Law and Governance 818 CLL818 – 30 credits
Constitutional Law and Nature 819 CLL819 – 30 credits

FINAL TOTAL: 180 credits

H.68.4.6 Human Rights Protection

Compulsory:

Mini-Thesis 803 (1st Enrolment) Mini-Thesis 804 (2nd Enrolment) IHR803 IHR804 – 120 credits
International Protection of Human Rights Law 814 IHR814 – 30 credits

Electives (select one module):

Legal and Cultural Pluralism 816 CLL816 – 30 credits
Children’s Rights 817 CLL817 – 30 credits
International Family Law 811 FAM811 – 30 credits
International Humanitarian Law 815 (not offered in 2023) IHR815 – 30 credits
Global Human Rights Issues 816 IHR816 – 30 credits
Islamic Law and Jurisprudence 811 PRL811 – 30 credits
Economic, Social and Cultural Rights 811 SER811 – 30 credits
Constitutional Property Law 811 CPL811 – 30 credits
Land Reform and Housing Law 812 CPL812 – 30 credits

FINAL TOTAL: 180 credits

H.68.5 MODE III: Full Thesis

H.68.5.1 MPhil without specialisation (7861)

Subject to Rule H.72.3, a student can complete the MPhil (Thesis) in any topic approved by the Faculty.

Module Name: MPhil (Thesis) Credits: 180

H.68.5.2 MPhil with specialisation (7860)

Subject to Rule H.72.3, a student can complete the following specialised MPhil programme by full thesis:

Module Name Module Code Credits

Comparative Constitutional Law 801/802 CLL801/802 – 180 credits
Comparative Labour Law 801/802 LAB801/802 – 180 credits
Disability Law 801/802 (not offered in 2023) DSL801/802 – 180 credits
Environmental Law 801/802 IEL801/802 – 180 credits
Human Rights Protection 801/802 IHR801/802 – 180 credits
Law, State and Multi-level Government 801/802 MLG801/802 – 180 credits
Mercantile Law 801/802 MER801/802 – 180 credits
Transnational Criminal Justice 801/802 TCJ801/802 – 180 credits

FINAL TOTAL: 180 credits

H.69 ASSESMENT

Assessment is governed by Rule A.5 as stipulated in the University Calendar: General Information Part

Unless the Faculty Board otherwise decides, a student, in respect of modules enrolled for at this University, must:

submit at least one research essay of approximately 5 000 words for every module or equivalent form of assessment of his/her research ability (which shall be submitted

for assessment at least two calendar weeks before the dates scheduled for the examination referred to in Rule H.69.2.2) and sit for an examination or final assessment in each module, the format of which shall be determined by the relevant academic

In respect of modules enrolled for at another university or Practical Legal School, a candidate must comply with the assessment requirements of that university or Practical Legal

H.70 PROGRESSION RULES

Registration for the following year of study shall be recomm

ended by the supervisor if in his/her opinion adequate progress has been made during the current year (See Rule A.3.3).

H.71 RENEWAL OF REGISTRATION

Renewal of registration shall be governed by Rule A.4, as stipulated in the University Calendar: General Information Part 1 or as provided for in the faculty rules as contained in this Calendar.

H.72 SPECIAL REQUIREMENTS FOR THE PROGRAMME

MODE I

At least two modules listed in Rule H.68.3 must be chosen from this
The two further modules may be chosen from the modules offered by any of the universities listed in H.56.1.2, provided that the choice is approved by the relevant academic
A student may choose as one of the two modules referred to in Rule 72.1.2 above the full-time Practical Legal Training course offered by the Law Society of South Africa at any of the venues where it is offered.

H.72.1.4 Research Paper

A student must present a research paper of approximately 18 000 words which demonstrates his/her ability to conduct independent research and which is in a format suitable for
The topic of the research paper must be chosen by the student in consultation with and with the approval of the supervisor
Unless extension of time has been granted by the Faculty Board, the research paper must be submitted for assessment within three calendar months after the student has completed the last assessment in the four modules for which s/he has enrolled.
No student may present a research paper for assessment unless s/he has successfully completed at least half of the number modules required for the completion of the
A student may not be readmitted to the programme if s/he has not presented his/her research paper for assessment within two years after completion of the coursework, unless an extension has been granted by
Together with the submission of the candidate’s research proposal to the Law Higher Degrees Committee, the candidate must present evidence of participation in research methodology training as determined by the

A student who has obtained a Postgraduate Diploma in Law may register for the following:

Two modules other than the modules taken for the diploma, and a research paper.
The two modules may be chosen from the modules offered by any of the universities listed in 56.1.2, provided that the choice is approved by the relevant academic department.
Choose as one of the two modules referred to in Rule H.72.1.5.3 above the full- time Practical Legal Training Course offered by the Law Society of South Africa at any of the venues where it is

MODE II

Modules must be chosen from the modules offered by the University (see the Curriculum at H.56.4), provided further that the choice is approved by the relevant academic

H.72.2.2 Mini-Thesis

A student must present a mini-thesis consisting of approximately 30 000 words which must be a satisfactory contribution to the knowledge of the
The topic of the mini-thesis must be chosen by the student in consultation with and with the approval of the supervisor
The mini-thesis must be presented within twelve months after the end of the academic year in which the student completes his/her coursework unless the Faculty Board, for valid reasons provides an extension of
A student may not be readmitted to the programme without permission of Senate if, three years after the completion of the coursework, s/he has not submitted his/her mini-thesis.
Together with the submission of the candidate’s research proposal to the Law Higher Degrees Committee, the candidate must present evidence of participation in research methodology training as determined by the

H.72.3 MODE III

A student registered for the Master of Philosophy (Thesis) programme undertakes supervised programmes of research of not less than one year’s duration and must submit a thesis which usually will not exceed 50 000 words in length for
The title of the thesis together with the student’s application for admission to study towards the degree, shall be submitted by him/her to Senate for its
The title of the thesis shall be approved for a period of three years, after which period the student may apply for an
A student shall research and write his/her thesis under the guidance of a supervisor approved by Senate. The Senate may appoint a supervisor or co- supervisor from outside the
The thesis shall be a satisfactory contribution to knowledge on a subject of legal interest.
A student may be required to submit, together with his/her thesis, a copy of every mini-thesis or thesis previously submitted by him/her for another degree, whether it was accepted or
Except with permission from Senate, no thesis shall be submitted unless it is accompanied by a written declaration from the supervisor and co-supervisor (if appointed) in which permission is granted for the assessment of the thesis. Such declaration shall not necessarily imply that the thesis is considered to be
The thesis shall be submitted no later than the dates stipulated in the University Calendar.
No thesis which has previously been submitted for a degree at another university shall be accepted, but material taken from publications of the student may be incorporated
Together with the submission of the candidate’s research proposal to the Law Higher Degrees Committee, the candidate must present evidence of participation in research methodology training as determined by the