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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: Commercial Law 
SAQA QUAL ID QUALIFICATION TITLE
90567  Postgraduate Diploma: Commercial 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 primary purpose of the qualification is for learners to acquire advanced knowledge, skills and applied competence in a number of areas relating to Commercial Law for intellectual growth and to add value to the legal system and society.

This qualification is to therefore provide South Africa and the global community with Postgraduate learners accomplished in Commercial Law, to ensure continued innovation and an increase in the knowledge-base of the learners.

The qualification is to further provide South Africa and the global community with Postgraduate learners 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 and analytical skills to play a key role in the continued shaping of the legal system in a just society based on the values of a Constitutional Democracy.

Because commercial law is implicated in our economic, political, and social worlds, academic institutions must also play a creative and active role in nourishing social, political and economic transformation by creating new qualifications to build knowledge and infrastructure in order to maintain the highest possible standards in the education of practitioners with regard to the legal aspects of commercial law.

Rationale:
During the past few years that the Master of Laws Degree has been in existence, a need has arisen for a different type of legal qualification dealing with similar topics covered in the Master of Laws Degree. A Postgraduate Diploma is the ideal choice because it will enable learners to acquire the relevant expertise and knowledge without having to comply with the requirement of submitting a dissertation (as is the case in the Master of Laws Degree).

The Postgraduate Diploma: Commercial Law is offered to strengthen the learners' knowledge in Commercial Law without having to complete a research component. It will further enable working professionals to undertake advanced reflection and development by means of a systematic survey of current thinking and practices in Commercial Law.

This qualification aims to generate a high turnover of graduates which will help to provide a growing pool of professionals trained in Commercial Law related facets.

The qualification is to provide South Africa and the global community with Postgraduate learners skilled in Commercial Law to ensure that the leadership base of innovative and knowledge-based economic and scholarly activity is widened. The qualifying learner is therefore to be able to provide leadership and work in a variety of contexts related to Commercial Law.

This qualification aims to meet the growing need of society for lawyers with specialised, applied training and enables the learner to meet the increasing range of problems presented by the demands of dealing with all the legal aspects of Commercial Law in a rapidly growing economy. Qualifying learners will be equipped to apply their skills and knowledge in their respective professions, which include prosecutors, legal advisors, mediators, arbitrators, conciliators, attorneys, advocates and paralegals. 

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

    Recognition of Prior Learning (RPL):
    The learners who do not meet the minimum requirements for the qualification can gain access through RPL. This qualification can be achieved in part (50%) through RP. Assessors will assess and give credit for the evidence of learning that has already been acquired through formal, informal and non-formal learning.

    Access to the Qualification:
    The minimum admission requirement is a Bachelor of Arts: Laws, Bachelor of Commerce: Laws or a Bachelor of Laws Degree. 
    		•

    RECOGNISE PREVIOUS LEARNING? 
    Y 

    QUALIFICATION RULES 
    The qualification comprises a selection of five modules from a possible eight, each worth 24 credits, at NQF Level 8:
  • Individual Labour Law, 24 Credits.
  • Collective Labour Law, 24 Credits.
  • Company Formation and Administration, 24 Credits.
  • Corporate Governance, 24 Credits.
  • Insolvency Law, 24 Credits.
  • Competition Law, 24 Credits.
  • Drafting of Commercial Contracts, 24 Credits.
  • Tax Law, 24 Credits.
    Total credits required: 120. 
    		•

    EXIT LEVEL OUTCOMES 
    1. Identify and understand the role of the legal aspects of commercial law in everyday life.
    2. Think critically and analytically within a contextual framework related to legal aspects of Commercial Law.
    3. Identify, analyse and solve complex legal problems relating to Commercial Law.
    4. Engage with the legal text relating to Commercial Law.
    5. Contribute to the realisation of a just society based on a legal democracy.

    All Critical Cross-Field Outcomes will be embedded appropriately in the modules which constitute the qualification. They will be assessed within the context of the qualification. 

    ASSOCIATED ASSESSMENT CRITERIA 
    Associated Assessment Criteria for Exit Level Outcome 1:
  • Legal issues related to legal aspects of Commercial Law are identified in real or simulated fact scenarios.
  • Daily occurrences relating to Commercial Law are interpreted and analysed within a legal framework.
  • Theory is applied to practice (and vice versa) in the context of Commercial Law by means of relevant case and literature studies.
  • The ability to develop Commercial Law within a regional, national and global context to cope with modern-day challenges and problems is demonstrated by learners.
  • A comprehensive and systematic knowledge base in Commercial Law is demonstrated.

    Associated Assessment Criteria for Exit Level Outcome 2:
  • Legal problems pertaining to Commercial Law are interpreted, analysed and explained within different contexts.
  • Unbiased and balanced perspectives are provided on legal problems pertaining to Commercial Law.
  • Scholarly opinions pertaining to Commercial Law are considered and critically evaluated.

    Associated Assessment Criteria for Exit Level Outcome 3:
  • Relevant sources and authorities are consulted to address legal problems related to legal aspects of Commercial Law.
  • The relevance and applicability of legal sources and authorities to an identified problem related to legal aspects of Commercial Law are analysed and critically evaluated.
  • Authoritative legal materials relating to identified Commercial Law problems are selected.
  • Different solutions to a problem pertaining to Commercial Law are considered and critically evaluated, and the consequences of each solution for future legal development are contemplated.
  • Substantiated responses, based on the learners' acquired knowledge base are provided.

    Associated Assessment Criteria for Exit Level Outcome 4:
  • Legal text pertaining to Commercial Law is read, understood and interpreted within a contextual framework.
  • Views expressed in texts are reflected upon and critically evaluated and debated.
  • Legal text is used to support arguments and solutions related to legal aspects of Commercial Law.

    Associated Assessment Criteria for Exit Level Outcome 5:
  • Acquired skills and knowledge are used to advance legal awareness relating to Commercial Law within the community.
  • Commercial Law problems in society are reflected on and solutions are sought and considered.
  • The underlying constitutional values to Commercial Law problems in society are interpreted and applied.
  • An awareness and tolerance of diversity is shown and solutions are sought in respect of Commercial Law issues.
  • Conflicting interests related to the legal aspects of commercial law within a community (locally, regionally and globally) are dealt with.
  • An understanding of the conflicting interests arising from relationships relating to legal aspects of commercial law is demonstrated.

    Integrated Assessment:
    The learner's competencies will be assessed using an integrated method of both formative and summative assessment. Assignments, examinations and an oral examination will be used in the assessment of the learners. 
    		•

    INTERNATIONAL COMPARABILITY 
    The Postgraduate Diploma in Commercial Law can be compared, in content and duration, to the following qualifications offered by international institutions:
    The Queen Mary University of London offers a Postgraduate Diploma in International Commercial Arbitration (the qualification is offered through a distance learning model), where teaching operates via an interactive online platform and the circulation of compact discs and other tangible media. Learners will be required to take the two compulsory modules:
  • International and Comparative Commercial Arbitration.
  • Advanced Writing Weekend International Arbitration Award Writing.

    Plus one further module from the list below:
  • International Construction Contracts and Arbitration.
  • International Trade and Investment Dispute Settlement.
  • Alternative Dispute Resolution.
  • International Commercial Law.
  • International Commercial Litigation.
  • Dissertation (research paper) of 15,000 words.

    Curtin University in Australia offers a Graduate Certificate in the Fundamentals of Business and Corporations Law which aims at providing learners with an analytical framework for addressing legal issues and emphasises legal problem-solving through application of prior decisions in a number of key areas of business law.

    The University of Northumbria in the United Kingdom offers a Postgraduate Diploma in Commercial Law which aims at providing learners with an in-depth knowledge and understanding of a range of commercial law modules and to give learners specialist legal knowledge within a practical context whilst developing expertise in chosen areas and enhancing research skills.

    Conclusion:
    This qualification is presented in the form of distance education and is therefore in line with the NQF objective of providing access, mobility and progression for learners. It is comparable in terms of content and level with the qualifications cited above from the United Kingdom and Australia. 
    		•

    ARTICULATION OPTIONS 
    This qualification provides learners with both horizontal and vertical articulation possibilities. Horizontally the qualification articulates with the following qualifications at NQF Level 8:
  • Postgraduate Diploma: Law: Dispute Resolution.
  • Postgraduate Diploma: Law: Criminal Justice.

    Vertically the qualification articulates with all cognate Masters' Degrees at NQF Level 9. 
    		•

    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 external moderators. 

    CRITERIA FOR THE REGISTRATION OF ASSESSORS 
    The institutions academic staff will be used as assessors in a manner that fits into the quality management system of the University and accords with its tuition and assessment policies. This will apply also to the appointment of external assessors. The minimum requirement for appointment as a lecturer or external assessor 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 Laws. 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.