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SAQA 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.
SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED QUALIFICATION: 

Postgraduate Diploma: Information Technology Law 
SAQA QUAL ID QUALIFICATION TITLE
90508  Postgraduate Diploma: Information Technology Law 
ORIGINATOR
University of South Africa 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY NQF SUB-FRAMEWORK
CHE - Council on Higher Education  HEQSF - Higher Education Qualifications Sub-framework 
QUALIFICATION TYPE FIELD SUBFIELD
Postgraduate Diploma  Field 08 - Law, Military Science and Security  Justice in Society 
ABET BAND MINIMUM CREDITS PRE-2009 NQF LEVEL NQF LEVEL QUAL CLASS
Undefined  120  Not Applicable  NQF Level 08  Regular-Provider-ELOAC 
REGISTRATION STATUS SAQA DECISION NUMBER REGISTRATION START DATE REGISTRATION END DATE
Registered-data under construction  EXCO 0324/24  2024-07-01  2027-06-30 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2028-06-30   2031-06-30  

Registered-data under construction

The qualification content is currently being updated for the qualifications with the status “Registered-data under construction” or showing “DETAILS UNDER CONSTRUCTION” to ensure compliance with SAQA’S Policy and Criteria for the registration of qualifications and part-qualifications on the National Qualifications Framework (NQF) (As amended, 2022). These qualifications are re-registered until 30 June 2027 and can legitimately be offered by the institutions to which they are registered.

 

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.  

PURPOSE AND RATIONALE OF THE QUALIFICATION 
Purpose:
The purpose of this qualification is for learners to acquire advanced knowledge, specific skills and applied competence in information technology law relating to evidence, criminal law, intellectual property law, private law, tax law, e-government law and alternative online dispute resolution for continued personal intellectual growth, gainful economic activity and valuable contributions to society.

Secondly this qualification will provide South Africa and the global community with Postgraduate learners skilled in information technology law relating to evidence, criminal law, intellectual property law, private law, tax law, e-government and alternative online dispute resolution to ensure that the leadership base of innovative and knowledge-based economic and scholarly activity is widened.

In conclusion this qualification will provide South Africa and the global community with Postgraduate learners skilled in information technology law relating to evidence, criminal law, intellectual property law, private law, tax law, e-government and online alternative online dispute resolution, who understand the constructive role they need to play as intellectual leaders in their society, and who are empowered and equipped with the required knowledge to play a key role in the continued shaping of the legal dispensation in a just society based on the values of a constitutional democracy within a global legal order.

Rationale:
The importance of information technology in the information age has a significant impact on a wide spectrum of disciplines in the law.

The rationale of this qualification is to provide learners with the necessary knowledge, competence and skills to work in an Information Technology Law environment and understand the world of work, be confident about own value and have a higher than average chance of being employed.

The qualification also seeks to satisfy national demand for public and private sector Information Technology and also equip learners with management Information Technology Law skills and knowledge. 

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
Learners who register for this qualification have:
  • Well-developed information retrieval skills and presentation skills following prescribed formats, using IT skills appropriately.
  • An ability to present and communicate information and their own ideas and opinions in well-structured arguments, showing an awareness of audience and using the academic/professional discourse appropriately.
  • A capacity to operate in variable and unfamiliar learning contexts requiring responsibility and initiative.
  • A capacity to self-evaluate accurately and identify and address own learning needs.
  • An ability to interact effectively in a learning group.

    Recognition of Prior Learning (RPL):
    All admission through RPL must be in accordance with the principles laid down in the Unisa RPL Policy.

    This qualification can be achieved in part through Recognition of Prior Learning.

    Evidence can be presented in a variety of forms, including international or previous local qualifications, reports, testimonials mentioning functions performed, work records, portfolios, videos of practice and performance records.

    All such evidence should be judged according to the general principles of assessment described in the notes to assessors. Unisa lecturers will act as assessors for RPL purposes.

    Access to the qualification:
    Access to the Postgraduate Diploma: Corporate Law is granted to all applicants who are in possession of one of the following qualifications:
  • Bachelor of Arts: Law, Bachelor of Commerce: Law or an LLB Degree.
  • A Foreign qualification that is equivalent to one of the above qualifications as determined by SAQA. 
    		•

    RECOGNISE PREVIOUS LEARNING? 
    Y 

    QUALIFICATION RULES 
    The qualification comprises 7 modules at NQF Level 8 (24 Credits each); 5 of the 7 modules must be completed:
  • Electronic Commerce Law 1, 24 Credits.
  • Data Protection and Freedom of Speech Law 1, 24 Credits.
  • Criminal Law Aspects of ICT Law 1, 24 Credits.
  • ICT Law and Evidence 1, 24 Credits.
  • Intellectual Property Law Aspects of ICT Law 1, 24 Credits.
  • Online Dispute Resolution Law 1, 24 Credits.
  • Legal Informatics 1, 24 Credits.
    Total for the qualification = 120 Credits. 
    		•

    EXIT LEVEL OUTCOMES 
    Upon completion of the Postgraduate Diploma: Information Technology Law the qualifying learners will be able to:
    1. Identify, analyse and deal with complex and divergent problems encountered in information technology law in everyday life.
    2. Think critically and analytically within a contextual framework related to legal aspects of information technology law.
    3. Solve complex legal problems related to information technology law.
    4. Engage with legal text related to legal aspects of information technology law.
    5. Contribute to the realisation of a just society based on a legal democracy.

    Critical Cross-Field Outcomes:
    Upon completion of the Postgraduate Diploma: Corporate Law the qualifying learners will be able to:
  • Identify, analyse and solve convergent and divergent complex legal problems relating to information technology law critically, creatively and responsibly.
  • Work effectively with others as members of a team, group, organisation or community to contribute to the sound administration of information technology justice, the development of the information technology law and legal system to meet the needs of society, and to further a just society based on a constitutional democracy.
  • Manage and organise their activities and life responsibly and effectively, including their studies and career.
  • Communicate effectively using language skills in the modes of oral and/or written presentation in sustained discourse.
  • Use technology effectively and critically, showing responsibility towards the environment and health and well-being of others, in community, national and global contexts.
  • Demonstrate an understanding of the world as a set of related systems by recognising that information technology law problem-solving contexts do not exist in isolation, and by acknowledging their responsibilities to those in the local and broader community.
  • Reflect on and explore a variety of strategies to acquire knowledge more effectively.
  • Explore education and career opportunities in information technology law by drawing on the various knowledge, skills and attitudes acquired in the accomplishment of this qualification (see all Critical Outcomes above).
  • Develop entrepreneurial opportunities by drawing on the knowledge, skills and attitudes acquired in the accomplishment of this qualification (see all Critical-Outcomes above). 
    		•

    ASSOCIATED ASSESSMENT CRITERIA 
    Associated Assessment Criteria for Exit Level Outcome 1:
  • Legal issues related to information technology law are identified, analysed in real or simulated fact scenarios using evidence-based solutions and theory-driven arguments pertaining to information technology law.
  • Daily occurrences of information technology law are Interpreted and analysed within a legal framework.
  • Theory is applied to practice (and vice versa) in the context of information technology law by means of relevant case and literature studies.

    Associated Assessment Criteria for Exit Level Outcome 2:
  • Legal problems pertaining to information technology law within different contexts are interpreted, analysed and explained.
  • Unbiased and balanced perspectives of legal problems pertaining to information technology law are provided.

    Associated Assessment Criteria for Exit Level Outcome 3:
  • Relevant sources and authorities to address legal problems related to legal aspects of information technology law are consulted.
  • Problems related to legal aspects of information technology law are analysed and critically evaluated.
  • Different solutions to problems related to legal aspects of information technology law are critically evaluated and the consequences of each solution are considered.
  • Substantiated responses are provided, based on learners' acquired advanced knowledge base and advanced lawyering skills pertaining to information technology law.
  • Responsible and expert legal advice on an appropriate course of action is provided.

    Associated Assessment Criteria for Exit Level Outcome 4:
  • Views expressed in texts are reflected upon and critically evaluated and debated.
  • Legal texts are used to support arguments and solutions related to legal aspects of information technology law.

    Associated Assessment Criteria for Exit Level Outcome 5:
  • Acquired skills and knowledge are used to advance legal awareness related to information technology law within their communities.
  • Problems in society related to legal aspects of information technology law are reflected on and responsible solutions are sought.
  • Underlying constitutional values to diverse problems in regard to information technology law such as freedom of speech, privacy and cybercrime are interpreted and applied.
  • Advanced awareness and tolerance of diversity are illustrated and harmonising solutions to issues such as freedom of speech and privacy are sought.
  • Conflicting interests related to legal aspects of information technology law within a community, locally, regionally and globally are dealt with.
  • Conflicting interests in regard to information technology law such as freedom of contract, intellectual property rights, freedom of speech, privacy and cybercrime arising from horizontal and vertical relationships (such as state/state, state/individual, individual/individual) are harmonised.

    Integrated Assessment:
    For award of the qualification, a candidate must achieve five of the elective modules and must demonstrate the ability to engage in these fields of law in an integrative way, dealing with divergent and "random" demands related to these work operations, effectively. Evidence is required that the candidate is able to achieve the purpose of the qualification as a whole at the time of the award of the qualification.

    All formative assessment tasks are internally moderated and all summative, exit level assessment tasks are externally moderated by suitably qualified, experienced subject specialists. All assessment decisions and moderation judgments must be clearly motivated and recorded. 
    		•

    INTERNATIONAL COMPARABILITY 
    There are not many comparable international qualifications against which this qualification can be compared as this type of qualification (Postgraduate Diploma) is relatively new in the higher education arena. International comparisons have been made with the available Diploma qualifications as well as some Masters Degrees offered at a number of universities:
  • Queen Mary University (QMU), London, United Kingdom (UK) offers the Postgraduate Distance Learning Diploma in Computer and Communications Law. The Diploma in Computer and Communications Law programme draws on the established strengths of the Centre for Commercial Law Studies (CCLS) in computer, e-commerce, internet, communications law, media law and associated topics. Learners must complete eight elective modules out of a possible 22 to obtain the Diploma. Although the QMU Diploma offers more modules, the content and depth of coverage of the proposed UNISA qualification compare well with the QMU qualification.
  • University of Liverpool, UK, offers a LLM in Technology and Intellectual Property Law. The LLM in Technology and Intellectual Property Law is a specialist Master of Laws Degree that will equip learners with the skills and knowledge to manage the technology and intellectual property demands of the business environment within a legal context. It provides a firm foundation in commercial law, covering the latest internet and technology-based intellectual issues and offering the opportunity to pursue learners' specific interests. In doing so, learners will master the key doctrines of intellectual property law - in copyright, patents and trademark/unfair competition law - which now play a vital role in the rapidly changing global communications and technical landscape. The Degree consists of six compulsory modules and two electives from a possible six elective modules. Although the University of Liverpool LL M offers more modules, the content and depth of coverage of the proposed UNISA qualification compare well with this qualification.
  • University of Hong Kong, China, offers a Master of Laws in Information Technology and Intellectual Property Law. The objective of the degree of Master of Laws in Information Technology and Intellectual Property Law is to offer a range of courses that provide a sound legal understanding of various aspects of the rapidly developing field of Information Technology and Intellectual Property. Subject areas are regularly expanded and updated to ensure that learners are able to understand and analyse contemporary legal issues in this area. Candidates are required to complete eight modules. Although the University of Hong Kong LLM offers more modules, the content and depth of coverage of the proposed UNISA qualification compare well with this qualification.
  • University of Dsseldorf Law School, Germany, offers a LLM Programme in Information and Technology. The curriculum focuses on telecommunications law, regulatory law, e-commerce, internet and technology law, IT contracts, data protection, copyright, trademark and antitrust, as well as criminal law relating to new technologies and e-government. Although the University of Dsseldorf LLM offers more modules, the content and depth of coverage of the proposed UNISA qualification compare well with this qualification.
  • University of Edinburgh, Scotland, offrs the Information Technology Law (Distance Learning). The programme aims to promote advanced knowledge and understanding of information technology law, in its broadest sense, within international, European and domestic settings; it encompasses regulatory approaches to information technology, jurisdiction, content liability, privacy and data protection, intellectual property, standards and competition, cybercrime, e-commerce, the digital divide, legal challenges in respect of new information and communications technologies (including the internet and virtual worlds) and using these technologies in investigation and dispute adjudication. The University of Edinburgh course offers a similar number of modules as the proposed UNISA qualification and the latter compares well with this qualification.
  • Fordham University, New York, United States of America, offers the Intellectual Property and Information Technology Law LLM. Fordham Law's unique programme in Intellectual Property and Information Technology Law combines the classic study of intellectual property rights with the rapidly emerging field of Information Technology Law. Learners study fundamental and advanced intellectual property rights issues in copyright, patent and trademark law, and also learn about issues that lie at the head of today's digital information society, such as cybercrime, e-commerce, information privacy law and internet law. The Fordham University LLM offers a number of modules similar to those of the proposed UNISA qualification and the latter compares well with this qualification.

    In conclusion, this qualification and its component modules compare well with their international counterparts. Although there are certain universal aspects applying across jurisdictions, there are also uniquely national elements which are reflected in the different courses. This qualification contains a strong comparative element where national legislation and provisions are compared with trends internationally. 
    		•

    ARTICULATION OPTIONS 
    This qualification articulates vertically with a Master of Laws (LLM) at NQF Level 9.

    This qualification articulates horizontally with any relevant Law-related Postgraduate Diploma or Honours Degree at NQF Level 8. 

    MODERATION OPTIONS 
    Moderation is conducted internally through a system of second examiners. Second examiners act as moderators for examination purposes. These are senior academics. For all Postgraduate Diplomas and Degrees, senior academics from other universities act as moderators. 

    CRITERIA FOR THE REGISTRATION OF ASSESSORS 
    The minimum requirement for appointment as a lecturer or external assessor at Unisa is a Bachelor of Laws (LLB) Degree and appropriate experience, but for assessment at Postgraduate level the lecturer will be required to have at least a Master of Law or an appropriate Postgraduate qualification. All assessment done by external assessors is quality-controlled by internal academic staff. 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this qualification was Reregistered in 2015. 

    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. University of South Africa 


    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.