University of KwaZulu-Natal UKZN LLM Master of Laws

INTRODUCTION

Our coursework masters programme has been in existence for more than fifteen years and has grown exponentially in the last few years. Courses are designed to ensure that students gain a thorough and in-depth knowledge in certain specialised areas.

Courses are offered both on a full-time and part-time basis, and the degree can be completed within twelve months based on full- time study. The basic entrance requirement is a 60% overall average in the LLB degree.

Candidates who register for the full-time programme may apply for a graduate scholarship if they have achieved an average of 65% or more in the previous appropriate year of study. Seminars are usually held after-hours, once a week from 17h15. Candidates may apply for either the LLM by Research or the LLM by Coursework.

LLM: RESEARCH

To apply to study for the Research LLM degree, a full proposal is required, with the proposed title, an introduction, chapter breakdown and the methodology. This proposal is then considered by the Faculty Higher Degrees Committee to ascertain whether the material is acceptable, and whether a suitable supervisor can be allocated to the candidate for this particular field of research.

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LLM: COURSEWORK

The Faculty of Law, offers coursework programmes with specialisation in the following areas: Advanced Criminal Justice, Business Law, Child Care & Protection (inter-disciplinary),Constitutional Law, Environmental Law, Labour Studies, Medical Law, Public Health Law, and Taxation.

In any of the specialisations, LLM students may register for four courses and four research papers, or may register for four courses and a dissertation of 20 000 words.

It	must	be noted that the	University cannot	guarantee
that	the	LLM courses listed	will be offered	each year.

Staff availability and student demand will determine which courses are offered.

The courses have been listed for information, and enquiries regarding the availability of these courses can be directed to the Postgraduate Law Faculty Office. For contact details, please refer to the back cover of this booklet.

Courses offered in the various coursework masters are set out after the rules pertaining to LLM students.

A candidate may undertake a special course of study referred to in Rule LP4, and in such case shall attend, and by examination complete, four modules totalling 96 credit points; and

i) submit a dissertation of approximately 20 000 words totalling 96 credit points; or ii) submit four research papers of approximately 5 000 words (each) totalling 96 credit

points.

RULES FOR MASTERS DEGREES BY COURSEWORK

Note: The following Rules are the Faculty rules,

and are additional to the General Rules GR1 – GR33 (refer to handbook), and CR1 – CR17 (see below).

LP1 ELIGIBILITY

a)Students shall be eligible to apply for selection to the degree, whether by dissertation only or by coursework and research in all programmes other than those specified in Rule LP9(b), if they have:

(i)been awarded the degree of Bachelor of Laws, or

(ii)been admitted to the status thereof.

b)A person who has graduated at another university, or who has in any other manner attained a level of competence, which in the opinion of the Senate is adequate for the purpose of admission tot eh Master of Laws may be admitted to that degree.

c)students shall be eligible for the degree, in Programme 6: LLM in Public Health Law, if they have been awarded the degree of Bachelor of Laws (or been admitted to the status thereof) or any other degree which is, in the discretion of the Board of the Faculty, relevant to the proposed programme of study.

LP2 MASTER OF LAWS BY DISSERTATION ONLY

a)A candidate for the degree shall pursue an approved course of research in any branch of the law or the history and philosophy of law and shall submit a dissertation of at least 50 000 words embodying the results thereof. A dissertation must make a contribution to the knowledge or understanding of the subject concerned.

b)The Senate shall appoint a supervisor to advise a candidate whose research topic has been approved, and the candidate shall be required to work in such association with the supervisor as the Senate may direct.

c)The Senate shall appoint two examiners for each dissertation, at least one of whom shall be an examiner external to the University.

d)Application to re-submit a dissertation which has been rejected, will not be entertained, but the Senate may, on the advice of the examiners, invite a candidate to re-submit a dissertation in a revised r extended form.

e)In addition to the above, Common Rules MR1-14 apply.

f)The degree may be awarded cum laude in terms of rule MR16 of the Common Rules of the University.

LP3 MASTER OF LAWS BY COURSEWORK AND RESEARCH

b)Notwithstanding the provisions of Rule LP3(a), the Board of the Faculty may decide in any year that for certain coursework programmes as specified, the option of four research papers provided in Rule LP3(a)(ii) will not be available.

LP4 COURSEWORK MODULES

a)A candidate undertaking a special course of study shall select from any one of the programmes set out below with the proviso:

(i)not all of the modules or programmes will necessarily be offered in any one year, and

(ii)the Board of the Faculty must approve the combination of modules for which a student may register in any programme.

b)The Senate may, on application by a student, permit such student to take modules offered elsewhere in the University, or any other university, provided that no more than one such module shall be permitted.

c)All coursework components or modules shall carry 24 credit points and shall include an examination which shall contribute 50% to the final mark for the module.

d)No supplementary examination will be permitted in any module.

e)No student may fail more than one module in a programme, or fail one module more than once.

f)A student who fails more than one module or the same module more than once in a coursework programme shall not be re-registered for the degree.

g)Notwithstanding Rule LP4(d), the Board may, upon consideration of a written application, allow a candidate to rewrite the examination in a module at the next ordinary examination session for that module, or to take another module in the programme.

LP5 DISSERTATION IN TERMS OF RULE 3(a)(i)

In the case of the degree referred to in Rule LP3(a)(i):

a)The Senate shall appoint a supervisor to advise a candidate, whose research topic has been approved, and the candidate shall be required to work in such association with the supervisor as the Senate may direct.

b)The Senate shall appoint two examiners for the dissertation, at least one of whom shall be an examiner external to the University.

c)Every dissertation shall be submitted in triplicate and shall be accompanied by:

(i)a written report from the supervisor; and

(ii)a declaration by the candidate, satisfactory to the Senate, that the dissertation has not been submitted for a degree in this or any other tertiary institution.

d)A dissertation must make a contribution to the knowledge or understanding of the subject concerned.

e)Application to re-submit a dissertation which has been rejected will not be entertained, but the Senate may, on advice of the examiners, invite a candidate to re-submit a dissertation in a revised or extended form.

LP6 RESEARCH PAPERS IN TERMS OF RULE LP3(a)(ii)

a)A candidate pursuing a course of study envisaged by Rule LP3(a)(ii) shall submit four research papers of approximately 5000 words of 24 credits each.

b)A candidate shall in the same semester in which that module is taken, submit a research paper dealing with a topic that corresponds with the learning outcomes of the module.

c)Three copies of each research paper shall be submitted.

d)The Senate shall appoint two examiners for each research paper, at least one of whom shall be an examiner external to the University.

e)A research paper must make a contribution to the knowledge or understanding of the subject concerned.

f)Application to re-submit a research paper which has been rejected will not be entertained, but the Senate may, on the advice of the examiners, invite a candidate to re- submit a research paper in a revised or extended form.

LP7 AWARD OF DEGREE CUM LAUDE

a)In the case of a candidate pursuing a course of study in terms of Rule 3(a)(i), the degree shall be awarded cum laude if a candidate completes the degree in no more than two semesters of full-time study or four semesters of part-time study, and obtains a weighted average of 75% or more in the coursework modules and, where a dissertation has been produced, also obtains the recommendation of the examiners that it be awarded cum laude by reason of it being particularly outstanding;

b)In the case of a candidate pursuing a course of study in terms of Rule LP3(a)(i), the degree shall be awarded cum laude if a candidate completes the degree in no more than two semesters of full-time study or four semesters of part-time study, and obtains a weighted average of 75% or more in the coursework modules and research papers.

LP8 EXCLUSIONS FROM THE DEGREE

In addition to Rule LP4(e) and (f)

a)Except with the permission of the Board, students who have not completed the requirements of the degree after six semesters of full-time study or eight semesters of part-time study, shall not be permitted to renew their registration.

b)Periods during which the candidate’s registration is suspended shall not be included in the periods mentioned in paragraph (a).

INTERDISCIPLINARY MASTER’S DEGREE IN CHILD CARE AND PROTECTION

(LAW AND SOCIAL WORK)

LP9 ELIGIBILITY

a)Admission to the programme shall be in accordance with Rule LP9(b) below, and on the basis of selection by staff teaching in the programme. Student numbers may be limited in accordance with the capacity available in a particular semester.

b)Prospective students must hold a four-year University degree (or separate degrees requiring a total of at least four years of University study). Such degree/s shall include at least eight semester modules (or their equivalent as decided by the selectors) in law

and/or Social Work and/or Psychology and/or Criminology and/or Police Science and/or any other modules regarded by the selectors as sufficiently relevant.

LP10 REQUIREMENTS

A candidate will undertake the coursework referred to in Rule LP11 below, and shall attend, and by examination complete, four course modules of 24 credit points each. A candidate shall also submit a dissertation of at least 20 000 words counting 96 credit points.

LP11 COURSEWORK MODULES

a)A candidate shall complete the three compulsory modules and one of the elective course modules listed in sub-rule LP11.1 below: provided that not all of the elective modules will necessarily be offered in any year.

b)The Senate, on the recommendation of the programme selectors, may, on application, permit a student to take a module offered elsewhere in the University, or any other university, provided that no more than one such module shall be permitted.

c)All coursework modules shall carry 24 credit points (each) and shall include an examination which shall contribute 60% to the final mark for the module.

d)No supplementary examination will be permitted in any module.

e)The Board may, in its discretion, consider applications for aegrotat examinations, provided that, where such an application is granted, the candidate will be required to rewrite the examination at the next ordinary examination session for that module.

f)No candidate may repeat a particular module more than once.

LP11.1 THE COURSES

∙Research Methodology

∙Children’s Rights (Local and International Perspectives)

∙The Roles of Professionals in Proceedings Affecting Children

∙Child Care Policy and Legislation

∙Crime: Children as Victims and Perpetrators

∙Emerging Medico-Legal and Social Aspects of Child Care and Protection

LP12 AWARD OF THE DEGREE CUM LAUDE

The degree shall be awarded cum laude if a candidate completes the degree in no more than two semesters of full-time study or four semesters of part-time study, and obtains a weighted average of 75% or more in the coursework modules; and, where a dissertation has been produced, also obtains the recommendation of the examiners that it be awarded cum laude by reason of it being particularly outstanding.

LP13 EXCLUSIONS FROM THE DEGREE

a)Except with the permission of the Board, students who have not completed the requirements of the degree shall not be permitted to renew their registration after six semesters of full-time study or eight semesters of part-time study.

b)Periods during which a candidate’s registration is suspended shall not be included in the

periods mentioned in paragraph (a).

c)Students who pass the four required coursework modules, but obtain an overall average of less than 60% in them, must exit with the Postgraduate Diploma in Child Care and Protection referred to in Rule LP14.1 Such students will thus not be awarded the degree. The Faculty may in its discretion in exceptional cases withhold the application of this rule. In considering whether to exercise its discretion the Faculty may choose to consider a submission that exceptional circumstances adversely affected the student’s examination performance in a course or courses.

LP14 PARTIAL COMPLETION

LP14.1 Postgraduate Diploma in Child Care and Protection

Total Credit Points = 96

The Postgraduate Diiploma Qualification shall only be awarded if a student exits the Interdisciplinary Masters in Child Care and Protection Programme after having successfully completed the four coursework modules required in terms of Rule LP11.1, but without completing the dissertation required in terms of Rule LP10 above. The coursework modules completed for the Postgraduate Diploma shall not be credited towards the Masters Programme.

LP14.2 At the discretion of the selectors, students who wish to do so may register for one or more of the Programme modules, but not the degree. Upon completion of such module/s, Certificates of Completion indicating the name/s of the module/s will be awarded.

LP15 SPECIAL RULES

a)The programme will be offered to both part-time and full-time students. The minimum period for the full-time programme shall be one year and for the part-time programme the minimum period shall be two years. The minimum period of enrolment for the dissertation shall be one year.

b)Students may enrol for and begin the Programme at the beginning of either semester.

Note: The following Rules are additional to the General Rules GR1 – GR33: (refer to Faculty handbook),

CR1 Applicability

The following Rules, CR2 to CR17 inclusive, shall be applicable to every candidate for a degree of Master by coursework.

CR2 Criteria for admission to study

a)An applicant shall not be registered for the degree of Master by coursework in any faculty unless the applicant has:

(i)satisfied the requirements for a relevant prerequisite degree as specified in the Faculty concerned; or

(ii)been admitted to the status of that degree in terms of Rule GR7(a); or

(iii)attained a level of competence as defined in Rule GR7(b).

b)A faculty may prescribe further minimum criteria for admission to study.

CR3 Recognition of examinations

The Senate may accept examinations passed or certificates of proficiency completed in any module by a student in any faculty of the University or of any other university or institution recognised by the Senate for this purpose, or accept demonstration of an equivalent level of competence through prior learning, in terms of Rule GR7(b), as exempting the student from examination in module(s) prescribed for a degree of Master by coursework, provided that:

a)no more than 50% of the required credits for the degree may be so exempted, provided that such credits shall be awarded for coursework modules only; and

b)at least 75% of the total number of credits required for the degree are at Masters level and the remainder at Honours level or above; and

c)students shall not have the degree of Master conferred unless the conditions laid down in Rules CR4 and CR5 are satisfied.

CR4 Periods of registration

A student registered for the degree of Master by coursework in any faculty shall be so registered for a minimum period of two semesters for full-time students or four semesters for part-time students before the degree may be conferred.

CR5 Recognition of attendance

The Senate may accept as part of the attendance of a student for a degree of Master by coursework, periods of attendance as a registered or graduated student at any other university or institution or in any other faculty, provided that students shall not have the degree of Master conferred unless:

a)their periods of attendance are together not less than the complete period prescribed for conferral of the degree; and

b)the research component is completed at the University.

CR6 Curriculum

a)A student shall complete all prescribed modules, at least one of which shall be a dissertation module comprising research on a particular topic approved by the Senate, and comply with such other conditions as may be prescribed by the Senate and the rules of the Faculty concerned.

b)The dissertation module shall comprise 25% to 50% of the total credits for the degree.

C7 Proposed research topic

a)The Senate may, at its discretion, decline to approve a research topic if in its opinion:

(i)it is unsuitable in itself; or

(ii)it cannot effectively be undertaken under the supervision of the University; or (iii)the conditions under which the student proposes to work areun-satisfactory.

b)Ethical approval in terms of Rule GR32 is required where applicable.

CR8 Supervision

The Board of the Faculty shall, in terms of the policies of the Senate, appoint one or more appropriate supervisors, at least one of whom shall be a member of the University staff, to advise a student whose research topic is approved, and the student shall be required to work in such association with the supervisor or supervisors as the Senate may direct.

CR9 Supplementary examinations

Provided that the rules of a faculty, as approved by the Senate, do not prohibit this for a particular module:

a)a student who fails a module other than the dissertation with a mark of at least 40% shall be awarded a supplementary examination;

b)under exceptional circumstances, and with the permission of the Senate, a student who has failed a module other than the dissertation with a mark of less than 40% may be awarded a supplementary examination.

CR10 Failed coursework modules

Failed coursework modules may not be repeated, except with the permission of the Senate.

CR11 Progression

A student who, after six semesters as a full-time student or ten semesters as a part-timestudent, has not completed the requirements for the degree shall be required to apply for re- registration, which will only be permitted on receipt of a satisfactory motivation.

CR12 Submission of dissertation

At least three months before the dissertation is to be submitted for examination, a student shall give notice, in writing, to the Dean of the faculty concerned of the intention to submit such dissertation and the title thereof, provided that, in the event of a student failing to submit the dissertation for examination within six months thereafter, the notice will lapse and a further notice of intention shall be submitted.

CR13 Format of dissertation

a)Every dissertation submitted shall include a declaration to the satisfaction of the Senate stating that it has not previously been submitted for a degree in this or any other university, and that it is the student’s own original work.

b)Every dissertation submitted shall be in such format as prescribed by the Senate and the rules of the relevant Faculty; provided that each dissertation shall include an abstract in English not exceeding 350 words.

c)A dissertation may comprise one or more papers of which the student is the prime author, published or in press in peer-reviewed journals approved by the Board of the relevant Faculty, accompanied by introductory and concluding material.

CR14 Supervisor’s report

Upon submission of the dissertation, the supervisor or supervisors shall furnish a report on

the conduct of the student’s work; the report shall not include an evaluation of the quality of the dissertation.

CR15 Examination of dissertation

a)The Senate shall appoint for each dissertation two examiners, at least one of whom shall be responsible for external examination.

b)Except with the permission of the Senate, a supervisor or co-supervisor shall not be appointed as an examiner.

CR16 Re-examination of dissertation

a)A failed dissertation may not be re-examined.

b)On the advice of the Board of the Faculty, the Senate may invite a student tore-submit a dissertation in a revised or extended form.

CR17 Award of degree cum laude and summa cum laude

On the recommendation of the examiners of the dissertation, and in accordance with rules of the relevant faculty, the degree of Master by coursework may be awarded cum laude or summa cum laude.

a)For cum laude the student should obtain a weighted average of 75% or more in the coursework component of the degree at the first attempt and without recourse to supplementary examinations.

b)For summa cum laude the student should obtain a weighted average of 80% or more in the coursework component of the degree at the first attempt and without recourse to supplementary examinations.

RULES FOR MASTERS DEGREES BY RESEARCH

The following Rules are additional to the General Rules GR1 – GR33 (see handbook).

MR1 Applicability

The following Rules, MR2 to MR13 inclusive, shall be applicable to every candidate for a degree of Master by research.

MR2 Criteria for admission to study

a)An applicant shall not be registered for the degree of Master by research in any faculty unless the applicant has:

(i)satisfied the requirements for a relevant prerequisite degree as specified in the Faculty concerned; or

(ii)been admitted to the status of that degree in terms of Rule GR7(a); or

(iii)attained a level of competence as defined in Rule GR7(b).

b)A faculty may prescribe further minimum criteria for admission to study.

MR3 Periods of registration

A student registered for the degree of Master by research in any faculty shall be so

registered for a minimum period of two semesters for full-time students or four semesters for part-time students before the degree may be conferred.

MR4 Curriculum

a)A student for the degree of Master by research shall be required to pursue an approved programme of research on some subject falling within the scope of the studies represented in the University.

b)A student shall also comply with such other conditions as may be prescribed by the Senate and the rules of the Faculty concerned.

MR5 Proposed subject of study

a)Before registration, an applicant for the degree of Master by research in any faculty shall submit for the approval of the Senate a statement of the proposed subject of study.

b)The Senate may, at its discretion, decline to approve such subject if, in its opinion:

(i)it is unsuitable in itself, or

(ii)it cannot profitably be studied or pursued under the supervision of the University, or

(iii)the conditions under which the applicant proposes to work are unsatisfactory.

c)Ethical approval in terms of Rule GR32 is required where applicable.

MR6 Supervision

MR7 Progression

MR8 Submission of dissertation

a)Every student for the degree of Master by research shall be required to submit a dissertation embodying the results of their research.

b)At least three months before the dissertation is to be submitted for examination, a student shall give notice, in writing, to the Dean of the faculty concerned of the intention to submit such dissertation and the title thereof, provided that, in the event of a student failing to submit the dissertation for examination within six months thereafter, the notice will lapse and a further notice of intention shall be submitted.

MR9 Format of dissertation

MR10 Supervisor’s report

Upon submission of the dissertation, the supervisor or supervisors shall furnish a report on the conduct of the student’s work; the report shall not include an evaluation of the quality of the dissertation.

MR11 Examination

a)The Senate shall appoint for each dissertation two examiners, at least one of whom shall be responsible for external examination.

b)Except with the permission of the Senate, a supervisor or co-supervisor shall not be appointed as an examiner.

MR12 Re-examination of dissertation

a)A failed dissertation may not be re-examined.

b)On the advice of the Board of the Faculty, the Senate may invite a student tore-submit a dissertation in a revised or extended form.

MR13 Award of degree cum laude

On the recommendation of the examiners, and in accordance with rules of the relevant faculty, the degree of Master by research may be awarded cum laude or summa cum laude.

COURSEWORK LLM:

ADVANCED CRIMINAL JUSTICE

ADVANCED CRIMINAL LAW

This module aims to provide the learner with an enhanced capacity to critically evaluate and apply the doctrines of substantive criminal law. In particular, this module builds on the foundation of prior knowledge of the general principles of criminal law on the part of the learner. Comparative and analytical methods will be used to examine major doctrinal questions which arise in the substantive criminal law, as well as considering the impact of the Bill of Rights on aspects of criminal liability. The general principles of criminal law form a core component of any postgraduate programme in criminal justice.

Topics include theories of criminal liability; the impact of the Bill of Rights on substantive criminal law; the act in criminal law; unlawfulness; causation; imputability; forms of mens rea (intention and negligence); inchoate offences; and participation.

Assessment methods will include seminar presentation, the submission of two case analyses (3 000 words), and an examination.

CRIMINAL PROCESS

This module aims to provide the learner with an enhanced understanding of the legal principles regulating the criminal process. In particular, this module builds on the foundation of prior knowledge of the rules relating to criminal procedure and criminal evidence. Comparative and analytical methods will be used to examine key issues which arise in the criminal process, with special reference to recent changes in law and policy in the light of the Bill of Rights. Since this module deals with the criminal process, from the pre-trialstage to trial stage, it constitutes an indispensable part of any postgraduate

programme in law dealing with criminal justice.

Topics include: unconstitutionally obtained evidence; measuring the Criminal Procedure Act against the Bill of Rights; bail and self- incrimination; right to silence and adverse inferences; confessions and admissions; right to legal representation and custodial interrogation.

Assessment will take place through the presentation of research, as well as an examination.

INTERNATIONAL CRIMINAL LAW

The increasing significance of international criminal law, and its implications for criminal justice practitioners, is examined in this course, with particular reference to factors such as crimes in international law, international tribunals, measures used to deal with international crimes, extradition and mutual assistance between states.

Topics include general principles of international criminal law; ad hoc international tribunals and the International Criminal Court; international crimes such as genocide, crimes against humanity, war crimes, aggression; modes of participation; grounds for excluding criminal responsibility; procedural aspects and sentencing.

Assessment will take place by means of research, seminars, and written examination.

CRIMINOLOGY AND PENOLOGY

This module aims to provide the learner with advanced knowledge of the primary theoretical constructs of criminology, and to enable the students to apply these to the criminal justice context in South Africa. The precepts of criminology inform such issues as: the characteristics of the criminal law; the extent of crime; the effects of crime on victims and on society; methods of crime prevention; the attributes of

criminals; and the characteristics and workings of the criminal justice system. These issues dovetail with the other modules in the programme dealing with substantive criminal law and the criminal process, and provide a wider context for the theoretical problems to be canvassed in these modules. The module further examines the fundamental questions underlying punishment of offenders. In this regard, key theoretical and practical sentencing issues will be examined.

Topics from within the following range of topics may be considered: policing and crime control; sociology and crime; anomie, strain and subculture; control theories; female criminality; psychological theory of criminality; biological factors and crime; intelligence, mental disorder and crime; theories of sentencing; sentencing practice in South Africa and selected comparative jurisdictions.

Assessment will take place by means of research, seminars, and written examination.

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COURSEWORK LLM: BUSINESS LAW

ADVANCED CONTRACT LAW

Selected topics, which include the general principles of contract; the reliance theory and mistake; damages for misrepresentation; restraint of trade; unfair contract terms; cession and set-off (incl. fraudulent cessions); remedies for breach of contract; Law of Contract and the Internet.

ADVANCED CORPORATE LAW

A study of selected topics, including capitalisation; corporate personality and ‘lifting the veil’; pre-incorporation contracts; kinds of companies; organs of company; conduct by unanimous assent; duties of directors; winding-up; minority protection; corporate delinquents and personal liability; corporate governance; competition law; mergers and acquisitions; offers of compromise; and shareholders agreement.

ADVANCED INSOLVENCY LAW

Selected topics including: procedures for liquidation; advantage of creditors; effects of liquidation; the concursus creditorum and ranking of creditors; the position of the solvent spouse; uncompleted transactions; impeachable transactions; subordinated debt; business rescue; cross-border insolvency.

ADVANCED LABOUR LAW

Freedom of Association and the closed shop; collective bargaining; socialist worker/ participation and managerial prerogative; unfair labour practices; unfair dismissal; strike law; retrenchment; relocation; re-deployment and closure.

ADVANCED TAX I LAW

Introduction to Tax Law; basic principles and mechanics of the Income Tax Act 58 of 1962; the gross income definition; source and residence; capital and revenue and capital gains tax; special inclusions; exempt income; deductions. Learners should be equipped with sufficient knowledge for basic tax practice and should be able to apply the principles of the Income Tax Act to the solution of everyday tax problems.

ADVANCED TAX II LAW

Prerequisite: Must have passed Advanced Tax I

Taxation of individuals and entities; employment and taxation; special inclusions; deemed income; exempt income and Public Benefit Organisations; special deductions; farming; tax avoidance and s103 of the Income Tax Act; Capital Gains Tax.

Learners should be able to apply the principles of the special areas studied to pro-active tax planning and to the solution of complex tax problems.

INTERNATIONAL TRADE LAW

History; international business transactions; bills of lading; fob contracts; cif contracts; payment in international sales; dispute settlement.

INTELLECTUAL PROPERTY LAW

A general overview of unlawful competition and relevant statutes including Copyright Act 1998 and 1978; Patents Act of 1978; the Designs Act 57 of 1967; Trademarks Act 62 of 1963 and 194 of 1993; Business Names Act 27 of 1960; Merchandise Marks Act 17 of 1941 and the Counterfeit Goods Act 37 of 1997. This general overview will be followed by a study of specific topics including: character merchandising; importation of grey goods; dilution of a trademark; protection of famous trademarks;

comparative advertising; product endorsement and the right to publicity/privacy; problems of plagiarism; counterfeit goods; intellectual property and indigenous technology and the law and the Internet.

CHILD CARE AND PROTECTION

RESEARCH METHODOLOGY

Students will be trained in Social Science and Legal Research Methodologies and also in relevant electronic techniques. All of the above training will be oriented towards the Child Care field. Upon completion of this module, students must have the skills and knowledge required to prepare a Position Paper and Dissertation. They will understand the requirements commonly needed for writing an article for publication. They will know how to look up the latest law and latest social work (& other relevant) research findings in the Child Care field.

CHILDREN’S RIGHTS (LOCAL & INTERNATIONAL)

On completion, students will understand the latest developments in the children=s rights movement nationally and internationally. They will have sufficient critical understanding of International Agreements to be able to support the application. They will be able to understand the significance of cultural differences and the effect of these on the upbringing of children. Students will understand State and inter-State child car obligations.

ROLES OF PROFESSIONALS IN PROCEEDINGS AFFECTING CHILDREN

Students will, on completion, have the following skills: how to interview children; investigate their circumstances, prepare documents for court; give evidence; advocate for children; assist in non-adversarial and court resolutions. They will have an understanding of the procedures and jurisdiction of courts and alternatives to courts. They will understand the roles of professionals in child care proceedings.

CHILD CARE POLICY AND LEGISLATION

This module will enhance both the knowledge and skills of students with a view to enabling them to work effectively with children and their families in the following categories: street children, neglected and abandoned children, children with disabilities, extra-marital children, and children affected by divorce. They will understand the procedures and solutions offered by adoption, foster care and residential care in its various forms. They will acquire knowledge of the law and social work practice in relevant sub-fields incl. Education and health.

DISSERTATION

Students will be required to submit a mini dissertation on an approved topic.

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COURSEWORK LLM: CONSTITUTIONAL LAW

ADVANCED CONSTITUTIONAL LAW

Focus on the following issues: Constitutionalism of the establishment of democracy in South Africa; Division of powers between national and provincial governments; the role, status and functions of local government; capita selecta of Public International Law; process of amending the Constitution; the functioning of the legislative organs of government, its powers and limitations; exploring the relationship between the executive and the legislative, with specific reference to the concept of accountability; assessing the usefulness of institutions supporting democracy.

CONSTITUTIONAL & HUMAN RIGHTS LITIGATION Introduction to human rights; interpretation; application and limitation; the Constitutional Court and the impact of the system; equal protection; due process rights; the Bill of Rights and Labour Law; impact of the Bill of Rights on Private Law and Business Law; freedom of expression and opinion; socio-economic rights; the Constitution; central and regional governments; preparing the brief; research.

EMPLOYMENT DISCRIMINATION

Historical and theoretical perspectives; international law; anti- discrimination law; equality and age; disability; gender; social orientation; multiple discrimination; discrimination in housing provision; discrimination in the workplace; discrimination and enforcing the law.

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COURSEWORK LLM: ENVIRONMENTAL LAW

INTERNATIONAL ENVIRONMENTAL LAW

(a) Introductions: Customary International Law; Treaties; Sovereignty and national resources; (b) Pollution; Air; Marine; International Waterways; atmosphere; other; (c) Conservation of endangered species; conservation; trading in endangered species; (d) Conservation of resources; fisheries; deep seabed mining; (e) environmental protection and economic development.

LAND USE AND PLANNING LAW

Land tenure and the concept of ownership; coastal zone; seashore and rivers; agricultural law and policy; national and regional physical planning; town planning; architectural conservation; historical sites.

NATURAL RESOURCES LAW

Soil conservation; freshwater systems; indigenous plants; wilderness; national parks and other protected areas; national monuments; living marine resources; bio-diversity.

POLLUTION CONTROL LAW

Global and trans-boundary pollution; soil and water pollution; waste, pesticides and other toxic substances; noise pollution; radiation.

LAW DISSERTATION

Each student shall submit, in the final semester of study, a dissertation consisting o f a minimum of 20 000 words and a maximum of 25 000 words on an approved aspect of Environmental Law.

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COURSEWORK LLM: LABOUR STUDIES

ADVANCED LABOUR LAW

Freedom of association and the closed shop; collective bargaining; socialist democracy; workers= control and managerial prerogative; unfair labour practices; unfair dismissal; strike law; retrenchment; relocation; redeployment and closure; alternative dispute resolution.

LABOUR DISPUTE RESOLUTION

The industrial Court in South Africa; the Labour Appeal Court; the arbitration process; the concept of fairness in the adjudication process; mediation.

EMPLOYMENT DISCRIMINATION

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LLM COURSEWORK: MEDICAL LAW

BIO-ETHICS AND THE LAW

The teaching of bio-ethical knowledge and skills that will enable learners to competently reflect upon, address and resolve ethical and socio-cultural issues that they will confront during their professional practice.

This module involves the teaching of professional ethics and inter-professional approach to healthcare decision-making on issues that include, inter alia, informed consent; confidentiality; truth telling, genetic engineering reproductive technologies and related issues; professional obligations; ethics committees; human and animal experimentation; experimental design and randomised drug trials; treatment of the impaired and the incompetent; national and international health laws; social justice and healthcare policy.

FORENSIC MEDICINE

The teaching of forensic medicine: injury; death by asphyxiation; extremes of temperature and electricity; medico-legal aspects of injuries and deaths due to firearms and explosives; medico-legalaspects of human identification; head injury; Kangaroo court assault; drive-in shooting; sudden death during robbery.

Clinical forensic medicine: sexual offences; child abuse; spouse abuse and abuse of the elderly; alcohol intoxication; medico-legal aspects of poisoning; torture-treatment of detainees and death in custody.

The crime scene: importance of proper procedures at a scene; functions of the investigator at the scene; function of their doctor or pathologist at the scene; dangers and risks to the

investigator at the scene; prevention of biological dangers and risks at the scene.

The autopsy: the meaning and importance of an autopsy; the laws governing the performance of the autopsy; natural and unnatural deaths; medico-legal aspects of the death certificate; the importance of providing the pathologist with an adequate history prior to an autopsy; changes that occur to the body after death; the interpretation of the autopsy report; understanding the limitations and pitfalls of the autopsy.

HIV/AIDS, HUMAN RIGHTS AND THE LAW

Medical aspects of HIV/AIDS; Human rights and people living with HIV/AIDS, HIV/AIDS and the equality clause of the South African Constitution; HIV/AIDS and the right of access to healthcare and pregnant mothers; HIV/AIDS and the emergency medical treatment for rape survivors; Confidentiality and HIV/AIDS; Informed consent and testing for HIV/AIDS; HIV/AIDS and employment; HIV/AIDS and the rights of children; HIV/AIDS and insurance; HIV/AIDS and the rights of prisoners; International patent law and HIV/AIDS drugs.

LAW AND MEDICAL PRACTICE

The doctor/patient relationship; informed consent; medical malpractice; medical ethics and confidentiality; euthanasia and the right to die; sex-change operations; abortion; contraception and sterilisation problems of consent; artificial insemination; donor and surrogacy; organ and tissue transplants; medical treatment of detainees; aids and the law; medical ethics.

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LLM COURSEWORK: PUBLIC HEALTH LAW

HIV/AIDS & PUBLIC HEALTH LAW

Students will acquire an empathy and understanding for the AIDS & HIV sufferer through dissemination of informed knowledge. Students will demonstrate an understanding of HIV & AIDS as a medical, social and community problem. Students will appreciate cultural and traditional norms, practices and treatments of HIV & AIDS in South African society. Students will demonstrate competence to interrogate HIV & AIDS as a human rights issue, identifying the rights of and the obligations to the AIDS & HIV patient.

Students will demonstrate competence for critical analysis of current legal standards and practices pertaining to HIV & AIDS, and act as effective agents, promoting the amendment of unfair, impractical and/or ineffective laws, standards and practices relating to HIV & AIDS. Students will develop enhanced competence in assessing and applying international and comparative law to ameliorate the problems and difficulties confronting AIDS & HIV sufferers in South Africa.

PUBLIC HEALTH, HUMAN RIGHTS & ETHICS

Students will develop an in-depth understanding of the relationship between human rights and public health; demonstrate enhanced competence on how human right scan be used to promote and protect public health and vice versa; show evidence of the ability to apply their knowledge and skills gained to relevant case studies dealing with public health and human rights; develop understanding of and appreciate the legal framework relating to ethics; show competence of the various models of ethical decision-making, their nuances and application; and show enhanced competence in developing appropriate models of ethics for South Africa.

HEALTH POLICY, PLANNING, AND LEGAL FRAMEWORK: PUBLIC HEALTH LAW:

Students will demonstrate an in depth knowledge and understanding of the overall institutional framework of the legal regulation of healthcare needs and begin to address appropriate response mechanisms; show enhanced competence in the understanding and application of domestic and international sources of health care; develop capacity and competence in the internal mechanisms of professional bodies dealing with health care.

MINI DISSERTATION

A topic in the field of Public Health Law, chosen in consultation with the supervisor, to be completed as a reasoned and critical piece of work, of approximately 20 000 words.

CHOOSE ONE OF THE FOLLOWING:

Health Promotion and Public Health Law

Enhanced competence in utilising the law-making process as a tool to promote health; Comprehensive understanding of the biological and psycho-social determinants of individual, interpersonal and organisation health behaviour. Increased appreciation of how the determinants of health could/should inform planned interventions, including public policy and legislation; Comprehensive understanding of the determinants of population health from a socio-economic and cultural perspective; Informed appreciation of the role of multiple agencies (viz policy- makers, researchers, professional practitioners, healthcare industry; donor foundations, media legislations, business sector, government, communities and individuals) in producing health outcomes at national, regional and global levels; Enhanced competence in utilising multiple strategies (viz. research, health education & information, policy-making,legislation, advocacy and economic interventions) in producing planned behaviour change at individual and community levels. Improved understanding and enhanced skills in conducing evaluations of a broad

range of health promotion interventions (inc. community interventions, medial campaigns and the impact of legislation).

Aspects of International Law & Public Health

Students will develop the ability to locate public health within the framework of International Law. They will be able to identify and appreciate the role and purpose of international organisations and NGOs dealing with public health. They will know how and to what extent International Law applies to the interpretation of the Bill of Rights and South African legislation, as well as understand the interaction between Municipal Law and a State=s international obligations. They will develop skills and competencies through applying their knowledge to significant global problems incl. AIDS, war and natural and industrial disasters.

Disaster Management in Public Health

Students will be able to demonstrate competence and understanding in the link between disaster management and public health law; demonstrate competence in the International Law and regulations relating to disaster management and the public health; and develop enhanced competencies in the challenges in education training in disaster management, public health and the law.

Emerging Public Health & Environmental Issues in Developing CountriesStudents will appreciate and understand the particular public health issues facing developing countries; demonstrate competence in analysing and comparing public health legislation in developing countries; develop critical strategies to address the most pressing public health challenges. They will develop the ability to know and understand the framework of environmental protection and the nature of environmental problems; the ability to know the relationship between the constitutional right to an environment that is not harmful to people=s health or well being; and the ability to identify public health

law responses necessary for the promotion and protection of public health. They will develop proficiency in the link between public health, public law and the environment.

Domestic Violence and Public Health

Students will demonstrate an appreciation and understanding of family abuse and domestic violence as a public community problem and a health issue. They will acquire the skills and knowledge to identify survivors of domestic abuse, isolate specific challenges facing survivors of domestic violence, and access and apply relevant laws to assist survivors of domestic abuse. They will demonstrate competence for critical analysis of current legal standards and practices pertaining to family abuse, and act as effective agents, promoting the amendment of unfair, impractical and/or ineffective laws, standards and practices relevant to family abuse. They will acquire, through a programmed of internship, a practical understanding of dealing with survivors and perpetrators of family abuse. They will develop enhanced competence in assessing and applying international and comparative law to ameliorate the problem of family abuse.

Forensic Medicine & Public Health

Students will demonstrate an understanding of the role and function of forensic medicine and tis relationship to the well being of individuals and the community. Students, particularly those with non-medical qualifications, will develop a familiarity with the substance of certain aspects of forensic medicine and its practice, and the effects thereof on the rights and interests of both individuals and the State. They will be able to use comparative medico-legal systems as one of the standards against which to critique the system practised in South Africa. They will be able to make recommendations for the reform of the South African system to meet with the norms dictated by other, more developed medico-legal systems.

Students, particulars those in the medical profession, will develop an in depth understanding of the relationship between the law and the practice and impact of forensic medicine. Students will develop skills and competencies through various case studies, – the relationship of law to intrinsically medical issues such as genetics and testing for parentage, surgery and anaesthesia, pregnancy, etc.

Aspects of Criminal Law and Criminology: including the application of emergency regulations and selected

Students will develop the ability to locate public health within the framework of international organisations and NGO=s dealing with public health. They will know how and to what extent international law applies to the interpretation of the Bill of Rights and South African legislation, and understand the interaction between Municipal Law and a State=s international obligations. They will develop skills and competencies through applying their knowledge to significant global problems incl. AIDS, war and natural and industrial disasters.

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COURSEWORK LLM: TAXATION

(A two-year programme. Applicants must avail themselves for an interview.)

DONATIONS TAX AND ESTATE DUTY

A study of who is liable for donations tax, the rate, the definitions, when a donation takes effect, deemed donations, exemptions, donations by spouses married in community of property, donation by corporate bodies, payment, assessment and valuation.

It also includes a study of the dutiable amount of an estate, property, property deemed to be property, valuation, allowable deductions, marriage in community of property and estate accounts.

INCOME TAX

A study of the meaning of received by or accrued to, deemed accruals, capital vs revenue, true source and deemed source, cash or otherwise, special inclusions, the general deduction formula and special deductions and allowances.

It also includes a study of the principle of interpretation of fiscal legislation, the so-called new approach of interpretation, special board, special court and high court, assessments, objective and appeal, estimated and agreed assessments, additional assessments, preservation of secrecy, discretionary powers, additional taxes, refunds and review.

INCOME TAX AND ESTATE PLANNING

A study of the anti-avoidance provisions, deferred compensation schemes, manufacturing buildings, manufacturing plant, ordinarily resident and carrying on a business, damages and compensation,

restraint of trade awards, fringe benefits, taxation of property transactions, farming, insurance, trading stock, the tax implications of employment, international taxation and double tax agreements and royalties.

It also includes a study of the legal and other considerations of estate planning, mechanisms to reduce estate duty and anti- avoidance provisions.

RESEARCH DISSERTATION

A research dissertation consisting of at least 20 000 words on an aspect of taxation approved by the Programme Director.

SPECIAL TOPICS

Topics of current interest from theoretical and policy prospective are offered.

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For queries please contact:

Ms Razia Amod

Postgraduate Officer

Tel: 031 – 260 3046

Fax: 031 – 260 3371

Email: [email protected]

Ms Vivian Govender

Faculty Officer (Pietermaritzburg)

Tel:	033 – 260 5014
Fax:	033 – 260 5015
Email:	[email protected]

Mr Reuben Govender

Faculty Officer (Howard College)

Tel:	031 – 260 2222
Fax:	031 – 260 2522
Email:	[email protected]

University of KwaZulu-Natal UKZN LLM Master of Laws

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