The course provides candidates with an in-depth examination of the evolution of the right to privacy both at international and domestic level. Emerging key topics and controversial current legal debates around the subject matter are explored. In addition to providing candidates with an essential theoretical background to what the right of privacy entails, the course provides candidates with a comparative legal analysis of the global privacy landscape as well as recent legal developments in this field that will inevitably impact South Africa. The course places specific emphasis on the right of privacy within the online environment. To this end, the course covers selected topics including the interaction between the rights to privacy and social media, surveillance and monitoring in the workplace and the right of privacy of consumer. A second major component of the course comprises an in-depth discussion of the right of access to information. In this regard specific consideration is given to the potential conflict which may exist between providing access to information and the right to privacy.

This course focuses on judicial review, both under the Promotion of Administrative Justice Act 3 of 2000 and under the constitutional principle of legality. Topics covered include:

1. the various pathways to judicial review and the relationship between them;
2. the definition of administrative action;
3. aspects of the rights to lawful, reasonable and procedurally fair administrative action and to reasons;
4. the variable content of the principle of legality, and
5. procedures and remedies.

This course comprises an analysis of Bill of Rights Jurisprudence with reference to different constitutional theories and particular themes such as equality, socio-economic rights, freedom and dignity. Although the primary material of study will be South African jurisprudence, the course may also include some comparative and international perspectives.

This course aims at an in-depth examination of topical areas of South African contract law with emphasis on the philosophical underpinnings of modern contract law as well as a comparative perspective from foreign jurisdictions against South African law. The topics covered are revised periodically and may include philosophical bases for the enforcement of contracts, the doctrine of restraint of trade, unconscionable contract and legality, exclusion clauses and standard form contract, doctrine of good faith, contract and the Constitution, contractual remedies, privacy of contract and the contract/delict interface, state contracts, electronic contracts or any other topical areas of contract law.

This course equips candidates with a deeper, and more advanced inquiry into selected public international law topics as well as a critical understanding of advanced concepts and principles of international law and the working of the institutional mechanisms for their enforcement. The course explores, where applicable, the relevance of the selected topics to an African context and deals with general public international law, and attempts not to address topics that may be covered in other international law courses (such as international human rights law, regional protection of human rights, international environmental law, international dispute resolution, international trade law, international criminal law, etc).

The course introduces candidates to key concepts of climate change and their interaction with to energy law and policy concepts. It provides candidates with a comprehensive understanding of the international climate change regime and its impact on the South African climate change and energy legal framework. In the context of these international developments, the course examines South African energy sector challenges in the background of climate change imperatives. This includes energy security, energy governance and regulation, regulation of fossil fuels, petroleum sector, gas industry, nuclear sector, and the role of renewable energy in promoting energy sustainability. The course is designed to equip candidates with legal analytical skills to evaluate legislation and its effectiveness in promoting regulatory objectives across the energy sectors.

This course critically analyses the foundational principles of company law expressed in the common law and in the Companies Act 71 of 2008 (Companies Act). It is designed to equip the candidate with a complete and thorough knowledge of the core provisions of the Companies Act and an in-depth understanding of the common law that both supports the provisions of the Companies Act, or from which the Companies Act has deviated. It will equip candidates to to critically analyse the policy issues around the reform of the company law regime in South Africa. Firstly, it will also introduce the candidate to a variety of topics including different theories surrounding the notion of the company and the historical roots of the corporate entity, a consideration of the separate legal personality of a company and the theoretical and practical complexity of when that may be disregarded, the organs of the company and a consideration of the distribution of power in the company, the nature of securities and a consideration of the debt/equity divide in corporate finance, and distributions, including financial assistance by a company for the acquisition of its own shares, with a focus on the need to protect creditors. Secondly, it will explore the increasingly important role of directors and corporate governance in South Africa specifically and around the globe, with a specific emphasis on an analysis of the effectiveness of the directors’ duties and the directors’ increased potential statutory liability. Thirdly, it will equip candidates with the ability to address complex problem scenarios and be able to address abstract theoretical issues.

This course is a follow on from Company Law I and critically analyses certain specific company law areas. It proceeds from the assumption that the candidate has gained an in- depth knowledge of the foundational concepts of company law. Specific topics are explore: minority shareholder protection mechanisms, a consideration of the adequacy of the enhanced transparency and accountability aspects of the Companies Act, 71 of 2008 (Companies Act), an analysis of fundamental transactions including mergers and take -overs and schemes of arrangements as well as the process and outcomes of the business rescue provisions in chapter 6 of the Companies Act. These are specifically considered and evaluated within the socio – economic context of South African company law. The legislation, the common law and the law in foreign jurisdictions is referred to.

The course aims to give participants a sophisticated understanding of South African competition law. The legal and economic concepts are explained in the context of international comparative competition law. The Competition Act 89 of 1998 (as amended) is systematically and critically analysed. Topics for discussion are: jurisdiction, mergers and acquisitions, horizontal and vertical applications of competition law and economics of antitrust. Topics to be included: history of competition law, purpose of competition law, application of the Competition Act, economics of anti-trust, horizontal restraints, vertical restraints, mergers, and dominance and price discrimination.

The course provides candidates with an in-depth assessment of the newly emerging field of cyber law. The course focuses on legal responses to advances made in this field with specific reference to the legal principles that have been developed both at international and domestic level in an attempt to govern cyberspace and related activities. Candidates are given the opportunity to consider and resolve emerging legal issues around this subject-matter. To this end, the course covers a number of selected topics, including the protection of intellectual property in cyberspace, possible solutions to the ever-increasing problems associated with cyber crimes, emerging issues pertaining to information security and data protection, the potential legal liability of internet service providers, and the interaction and interrelationship between the use of information technology in the workplace and the law.

This course comprises the following topics: capital gains tax, value added tax, estate duty and donations tax, and capita selecta of income tax, such as, specific deductions and allowances, special inclusions in ‘gross income’, tax evasion and avoidance, assessed losses and recoupments.

The course comprises the following topics: sources of tax law including the Constitution, fiscal legislation, case law and international treaties, the interpretation of fiscal legislation, the formalities and procedures under revenue legislation, analysis of the central principles of income tax law, i.e., the elements of ‘gross income’, ‘taxable income’, exemptions and the so-called general deduction formula.

This course deals with the impact of international human rights standards on global trade, corporate governance and competition, international finance, and economic development and the ways that human rights law has penetrated the market and begun to affect the behaviour of economic actors, including international financial institutions, multinational corporations, and even human rights activists themselves, the interface between public and private law. It also examines the human rights implications of trade and work, and enquires into rights and responsibilities of entities that operate in the global market place. It evaluates international and domestic law and regulation in the areas of human and corporate activities and looks at the universal application of human rights standards and the role of state and non-state actors as well as non-governmental organisations.

The course focuses on current issues and policy developments in intellectual property law by emphasizing the role of Intellectual Property law in protecting public rights and the public domain in information. It covers topics of national and international relevance such as the constitutional context of South African intellectual property law, the role of international intellectual property law institutions, and the implications of the shift from the physical to the virtual world in the modern information economy, current law reform initiatives in the South African intellectual property law.

This course comprises an examination of the nature and sources of international criminal law, the responsibilities of individuals, states and others, alternatives to criminal prosecution, defences, issues of state jurisdiction, extradition and other means of obtaining personal jurisdiction, International Tribunals from Nuremburg to former Yugoslavia, Rwanda, the permanent International Criminal Tribunal and beyond, a selection of specific international crimes (war crimes, crimes against humanity, human rights abuses, drug trafficking).

LAWS7096A (non-core) LAWS7020A (core)

This course introduces candidates to methods of international dispute resolution, ranging from negotiation, mediation, inquiry, conciliation, arbitration and international judicial settlement. It also includes an examination of disputes between states and disputes between private entities in the international arena such as international commercial arbitration between private entities and arbitration between states among themselves and with private entities, a study of the International Court of Justice (ICJ) as an international judicial settlement body among states in terms of its jurisdiction, composition and procedures, a discussion on the United Nations in the context of its dispute resolution roles, and an exploration of dispute resolution mechanisms in Africa.

The course provides the candidates with an in-depth examination of the development and evolution of international environmental law as a legal subject. It explores the emergence of key principles of international environmental law and how analyse how they have shaped international and domestic normative regulation and sustainable use of natural resources. In addition to exploring the normative principles, the course involves an analysis of the role, functions and effectiveness of global and regional environmental governance institutions. The course covers a selection of specific international environmental law regimes including protection of the atmosphere, biodiversity and heritage conservation, transboundary movement of hazardous waste, trade and the environment, human rights and environmental protection and developing country perspectives on these topics.

This course comprises the following topics: the notions of source and residence in tax law, the international taxation of companies, offshore trusts and controlled foreign companies, the legal implications of transfer pricing and thin capitalisation, the effect of domestic foreign tax relief and various tax treaties.

This course aims to give candidates a comprehensive understanding of Banking and Finance law. Topics covered are aimed at ensuring that candidates are exposed to contemporary issues that relate to the regulation of banking and capital markets sectors. As such this course not only makes an exposition of the common law principles but also current issues and how the regulatory regimes are crafted to ensure the development of deeper and liquid financial markets not only in South Africa but also other jurisdictions. The course consists of the following topics: 1) an overview of the function and regulatory framework of the financial system; 2) the bank-customer relationship and duty of confidentiality; 3) insider dealing; 4) market manipulation; 5) money laundering; 6) project finance; 7) the National Credit Act; 8) syndicated lending; 9) Islamic financing; 10) introduction to derivatives; 11) shadow banking; 12) Financial Advisory and Investment Services Act 37 of 2002; and 13) financial inclusion.

This course comprises a critical survey of the body of common law and statutory law regulating the print, electronic and audio-visual media in South Africa, the basis of this critical perspective is the extent to which constitutional rights and values constrain the way in which the media can be regulated.

This course provides candidates with in-depth knowledge of the main laws and legal principles applicable to retirement funds in South Africa. It focuses on the administration of retirement funds, the rights and obligations of retirement fund members, other beneficiaries as well as other stakeholders. It enables candidates to engage meaningfully with some of the interesting legal issues that arise in the context of the relationships between various stakeholders having an interest in the management of retirement funds.

Pension Law I starts by providing a brief history of retirement funds and their regulation in terms of various laws in South Africa. It continues by addressing the regulation of retirement funds in South Africa. It proceeds by outlining various benefits and deductions which are provided by retirement fund laws. Thereafter, it deals with the role, duties and obligations of the boards of retirement funds. It further deals with members’ right to access information and assesses the effectiveness of available pension law related dispute resolution mechanisms.

Pension Fund Law II takes candidates through the journey of retirement funds’ technical operations, in particular, the legal challenges experienced by retirement funds boards when executing their duties, such as investing members’ contributions. This course is intended to develop candidates’ critical thinking on corporate law principles such as corporate governance and it provides them with an in-depth practical understanding of the relationship between the Income Tax Act and various retirement fund legislation. This course further explores and unpacks controversial principles relating to apportionment of surpluses, transfer of retirement funds and the difficulty relating to the payment of unclaimed benefits in South Africa.

This course further discusses the importance of the office of the Pension Funds Adjudicator, and in particular, the impact of the rulings or determinations issued by that office in relation to the resolution of retirement benefits related disputes. This course further looks at the effectiveness (or otherwise) of the regulation of the retirement fund industry by the Financial Services Board. Furthermore, this course introduces candidates to the importance of actuaries and their evaluation of members’ benefits in the overall administration of retirement funds.

The course is designed to equip candidates with the basic skills that are required for doing legal research at the LLM level. It covers practical legal research skills and methods such as choosing viable a research topic, relationships with supervisors and proposal writing, academic standards for postgraduate research, including originality, using research resources, electronic databases and internet based research, ethics of research, honesty and integrity (proper referencing and writing style).

This course comprises a range of topics: theories of migration; disciplinary perspectives on migration; modes of migration; the experience of migrants and migration; the treatment of migration within the legal system, including distinction with criminals and with refugees; effects of migration; migrants rights movements; migration regulatory system; migration and its relationship to competition and innovation; remittances and their consequences; treatment of migrants within society, and xenophobia and its distinction from other forms of discrimination.