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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED QUALIFICATION: 

Master of Laws 
SAQA QUAL ID QUALIFICATION TITLE
115193  Master of Laws 
ORIGINATOR
Nelson Mandela University 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY NQF SUB-FRAMEWORK
CHE - Council on Higher Education  HEQSF - Higher Education Qualifications Sub-framework 
QUALIFICATION TYPE FIELD SUBFIELD
Master's Degree  Field 08 - Law, Military Science and Security  Justice in Society 
ABET BAND MINIMUM CREDITS PRE-2009 NQF LEVEL NQF LEVEL QUAL CLASS
Undefined  180  Not Applicable  NQF Level 09  Regular-Provider-ELOAC 
REGISTRATION STATUS SAQA DECISION NUMBER REGISTRATION START DATE REGISTRATION END DATE
Reregistered  EXCO 0640/26  2024-06-30  2027-06-30 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2028-06-30   2031-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This qualification does not replace any other qualification and is not replaced by any other qualification. 

PURPOSE AND RATIONALE OF THE QUALIFICATION 
Purpose:
The Master of Laws in Mercantile Law provides learners with the opportunity to develop and demonstrate their knowledge about the theoretical aspects of a specific field (or fields) of Mercantile Law (and specified related sub-fields). It improves their research skills, to develop their analytical and writing ability, and to enhance their capacity for independent research in a specific field (or fields) of Mercantile Law (and specified related sub-fields).

The qualification also provides training in the techniques of independent research, critical analysis and scholarly presentation appropriate to a specific field (or fields) of Mercantile Law (and specified related sub-fields) studied. Learners will develop and demonstrate specialist knowledge, skills and applied competence in a specific field (or fields) of Mercantile Law (and specified related sub-fields) as required by NQF Level 9

A secondary purpose of this qualification is to equip learners with the foundation for further research and development at a subsequent NQF level.

Rationale:
The added value of this qualification provides South Africa with professionals in a specific field (or fields) of Mercantile Law (and specified related sub-fields), as required by the emerging fields of specialisation in law (not only on a national level but also on an international level). 

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
Recognition of Prior Learning (RPL):
In terms of the institution's RPL Policy, learners who do not meet the admission requirements as stipulated, but with relevant formal, informal and non-formal learning related to the field of study can apply for RPL.

Entry Requirements:
The minimum entry requirement for this qualification is:
  • Bachelor of Laws, NQF Level 8. 

  • RECOGNISE PREVIOUS LEARNING? 

    QUALIFICATION RULES 
    This qualification consists of the following compulsory module at NQF Level 9 totalling 180 Credits. 

    EXIT LEVEL OUTCOMES 
    1. Engage with independent research and present findings in the form of a dissertation on a specific field (or fields) of Mercantile Law (and specified related sub-fields).
    2. Conduct a research project and write the research dissertation within a specific field (or fields) of Mercantile Law (and specified related sub-fields).
    3. Demonstrate competence by accessing, organising, analysing and critically evaluating existing knowledge relating to a specific field (or fields) of Mercantile Law (and specified related sub-fields).
    4. Demonstrate intellectual independence and critical thinking in response to new legal issues arising in a specific field (or fields) of Mercantile Law (and specified related sub-fields). 

    ASSOCIATED ASSESSMENT CRITERIA 
    Associated Assessment Criteria for Exit Level Outcome 1:
  • Base appropriate findings on a specific field (or fields) of Mercantile Law (and specified related sub-fields) on adequate independent research and present satisfactorily in the form of a dissertation.

    Associated Assessment Criteria for Exit Level Outcome 2:
    Apply knowledge and skills related to the research process, such as:
  • Formulate a motivation for the need for a research project.
  • Plan a research design.
  • Develop a research proposal.
  • Implement the research design and gather ad interpret the material/data.
  • Produce and submit a research dissertation.

    Associated Assessment Criteria for Exit Level Outcome 3:
  • Assess, organise, analyse and critically evaluate legal instruments, case law and legal literature relating to the legal aspects of a specific field (or fields) of Mercantile Law (and specified related sub-fields).

    Associated Assessment Criteria for Exit Level Outcome 4:
  • Demonstrate intellectual independence and critical thinking when confronted with a new legal issue arising in a specific field (or fields) of Mercantile Law (and specified related sub-fields).

    Integrated Assessment:
    Formative assessment takes place in three ways:
  • An assessment of the learner's research proposal by a panel of experts;
  • An oral assessment of the learner by a panel of experts;
  • Continuous assessment by the learner's supervisor(s) through discussion sessions and the writing of draft research reports.

    Summative assessment takes place through an examination of a research report in the form of a dissertation. 

  • INTERNATIONAL COMPARABILITY 
    The Bond University in Australia offers a Master of Laws by Research.
    Admission requirements: Bachelor of Laws or Juris Doctor. 65% average and extensive professional experience. Evidence of experience in research methodology and research skills may also be required.
    Qualification purpose: The Master of Laws (by Research) provides a specialist Postgraduate qualification to broaden an undergraduate law qualification. Successful completion of this qualification provides a pathway into a Doctor of Philosophy programme (PhD) and an academic career.
    Qualification outcomes: The thesis demonstrates the learner's ability to research, analyse and apply information and concepts to a body of legal knowledge or practice.
    Comparison to this institution's qualification: The admission requirement to this institution is an LLB Degree (or equivalent thereof), with an average mark of at least 60%.

    The Victoria University, Melbourne offers a Masters of Law (by Research).
    Admission requirements: The minimum admission for a Bachelor's Degree at a standard considered by the University to be sufficiently meritorious (normally Distinction average in the final year); or qualification for any other award is judged by the institution to be of a relevant and appropriate standard and produces evidence of professional experience. It fulfils any other conditions relating to prerequisite studies which the University may impose.
    Qualification purpose: The purpose is to advance a career in academia, the law and related fields. The qualification is to open doors to academic or government advisory roles.
    Qualification outcomes: The objectives are to produce learners with the following knowledge and skills:
  • A body of knowledge that includes the understanding of recent developments in one or more discipline/s;
  • Advanced knowledge of research principles and methods applicable to the field of work or learning;
  • Cognitive skills to demonstrate mastery of theoretical knowledge and to reflect critically on theory and its application;
  • Cognitive, technical and creative skills to investigate, analyse and synthesise complex information, problems, concepts and theories and to apply established theories to different bodies of knowledge or practise;
  • Cognitive, technical and creative skills to generate and evaluate complex ideas and concepts at an abstract level;
  • Cognitive and technical skills to design, use and evaluate research and research methods;
  • Communication and technical skills to present a coherent and sustained argument and to disseminate research results to a specialist and non-specialist audience;
  • Technical and communication skills to design, evaluate, implement, analyse, theorise and disseminate research that contributes to knowledge.
    This knowledge and these skills are demonstrated through the planning and execution of a substantial piece of research with creativity and initiative, with a high-level of personal autonomy and accountability, demonstrating expert judgement, adaptability and responsibility as a learner.
    Comparison to this institution's qualification: The qualification outcomes correspond to those of the Masters of Law at this institution.

    The Auckland University of Technology in New Zealand offers a Master of Laws.
    Admission requirements are a Bachelor of Laws or Bachelor of Laws (Honours). In exceptional circumstances, a learner who does not meet the requirements above but has extensive professional or scholarly experience of an appropriate kind are admitted. Learners must demonstrate to the Dean (or representative) an ability to undertake study at Postgraduate level in the qualification.
    Qualification purpose: A learner of the Master of Laws can:
  • Apply advanced theoretical and practical knowledge in a wide range of law and legal issues and will be able to better integrate this with their existing knowledge and experience.
  • Adjust to a rapidly changing commercial and professional environment by developing their capacity to carry out independent and self-directed research and study.
  • Demonstrate enhanced ability to identify the underlying and sometimes unexpressed concepts and theories that inform judicial opinions and legislative proposals.
  • Demonstrate sophisticated critical-thinking skills, and have an enhanced ability to employ a wide range of electronic legal databases.
  • Demonstrate effective and coherent written and oral communication skills with regard to advanced legal concepts and theories.
  • Deepen legal knowledge and legal research skills.
    Comparison to this institution's qualification: The qualification outcomes correspond to those of the Masters of Law Programme at this institution. However, the Master of Laws at this institution is by "thesis" only and does not make a distinction between the Master of Laws by Thesis and Master of Laws by Dissertation. Moreover, this institution's qualification does not require "additional papers". This institution's qualification most closely corresponds to the first option of the AUT Master of Laws by Thesis. 

  • ARTICULATION OPTIONS 
    This qualification allows possibilities for both vertical and horizontal articulation.

    Horizontal Articulation:
  • Cognate Master Degrees, NQF Level 9.

    Vertical Articulation:
  • Doctor of Laws in Merchantile Law, NQF Level 10. 

  • MODERATION OPTIONS 
    N/A 

    CRITERIA FOR THE REGISTRATION OF ASSESSORS 
    N/A 

    NOTES 
    N/A 

    LEARNING PROGRAMMES RECORDED AGAINST THIS QUALIFICATION: 
     
    NONE 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS QUALIFICATION: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    1. Nelson Mandela University 



    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.