LLM Course List
Access to Information and Privacy Law
LAWS7001A (Core) or LAWS7092A (Non-core) or LAWS5070A (PG Dip)
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 is taught by Ms Verine Etsebeth
Advanced Administrative Law
LAWS7002A (Core) or LAWS7091A (Non-core) or LAWS5067A (PG Dip)
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:
- the various pathways to judicial review and the relationship between them;
- the definition of administrative action;
- aspects of the rights to lawful, reasonable and procedurally fair administrative action and to reasons;
- the variable content of the principle of legality, and
- procedures and remedies.
This course is taught by Professor Cora Hoexter.
Advanced Bill of Rights Jurisprudence
LAWS7072A (Core) or LAWS7071A (Non-core) or LAWS5102A (PG Dip)
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.
Advanced Broadcasting Law
LAWS7081A (non-core) or LAWS7003A (Core)
The course aims to give an overview and understanding of the broadcasting regulatory environment in South Africa, Electronic Communications Act, broadcasting technology, the broadcasting regulatory authority, licensing, community and public broadcasting, private broadcasting and signal distribution, local content, content regulation and elections, broadcasting and intellectual property.
Advanced Contract Law
LAWS7005 (Core) or LAWS7074 (Non-core) or LAWS5071 (PG Dip)
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.
Advanced International Law
LAWS7008A (Core) or LAWS7093A (Non-core) or LAWS5101A (PG Dip)
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).
Climate Change and Energy Law
LAWS7196A (Core) or LAWS7197A (Non-core) or LAWS5114A (PGDip)
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.
COMPANY LAW 1
LAWS7011A (Core) or LAWS7076A (Non-core) or LAWS5073A (PG Dip)
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.
COMPANY LAW 2
LAWS7012A (Core) or LAWS7077A (Non-core) or LAWS5074A (PG Dip)
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.
Comparative Law of Mining and Environment
LAWS7198 (Core) or LAWS7199 (Non-core) or LAWS5115 (PGDip)
Comparative Law of Mining and Environment will provide a comparative, critical analysis of regulatory models available globally to avoid, reduce or mitigate the environmental impacts of mining. The course will examine the scale and nature of mining on the environment and the globalization of the mining industry; the objectives of mining policy and legislation; the range of state actors involved in the governance of mining and the environment; the environmental implications of mineral property regimes; the environmental implications of systems for the allocation of mining rights; environmental impact assessment of mining; mining in protected and urban areas; the regulation of mine rehabilitation and closure; environmental implications of mining taxation regimes; and policing and enforcement of mining and environment legal obligations. The course will draw upon the policy and legal resources of the most significant mining jurisdictions globally, including South Africa.
LAWS7060A (Core) or LAWS7061A (Non-core) or LAWS5075A (PG Dip)
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.
LAWS7013A (Core) or LAWS7086A (Non-core) or LAWS5082A (PG Dip)
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.
LAWS7188 (Non-core) or LAWS7189 (Core) or LAWS5091 (PG Dip)
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.
This course is taught by Mr Charles De Matos Ala
Economics of International Trade and Investment
LAWS7210A (Core) or LAWS5122A (Non-core)
This course will provide an economic analysis of international law using both theoretical as well as empirical understanding of topics relating to international trade and investments. The course will go beyond traditional theories and utilize contract theory and transaction cost theories as the theoretical framework for analysis. A conceptual and empirical understanding of the international institutions of trade and financial markets will be supplemented by providing insights into the structural trends, determinants and impact of international trade and investments. The linkages between trade, growth and development as well as the various economic debates relating to globalisation will be discussed.
The course will cover the following topics:
- Part I: Traditional trade and investment theories; Rationalist contract theory and limitations; Transaction cost theory.
- Part II: Overview of international development institutions; Globalization and role of WTO, regional market integration; Instruments of trade policy, issues relating to dumping, subsidies, patenting etc; Political economy of protectionism; Trends in global trade; Issues relating to FDI & FII, MNC issues of technology transfer, mergers and acquisitions, transfer pricing etc; Growth and development impact of trade and investment.
The pre-requisites* for this course are:
- A Bachelor of Commerce with third year Economics; or
- A qualification in Law with third year Micro- and Macro Economics or equivalent; or
- Completion of the short course Economics for Law.
* These prerequisites are subject to change in 2020.
This course is taught by Professor Engela Schlemmer
Foundational Principles of Tax
LAWS7190 (Core) or LAWS7191 (Non-core) or LAWS5090 (PG Dip)
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 is taught by Mr Charles De Matos Ala
Human Rights and Advocacy Litigation
LAWS7062A (Core) or LAWS7183A (Non-core) or LAWS5103A (PG Dip)
This course will introduce students to the theory of rights and different scholarly understandings of human rights. It will probe the literature of different rights-based strategies, and the issues that inform the choice of advocacy or litigation by human rights actors. Case studies will be an important component of the learning process. Attention will be paid to the different legal strategies and processes that are available to human rights lawyers and advocates. Students will participate in clinical projects that will involve placements with institutions engaged in human rights advocacy or litigation.
This course is taught by Professor Cathi Albertyn
Human Rights and the Market Place
LAWS7016 (Core) or LAWS7097 (Non-core) or LAWS5069 (PG Dip)
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.
Intellectual Property Law
LAWS7018A (Core) or LAWS7075A (Non-core) or LAWS5077A (PG Dip)
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.
International Business Transaction Law
LAWS7184A (Core) or LAWS7185A (Non-core) or LAWS5111 (PG Dip)
This course will expose students to cross-border business transactions where the parties have their respective places of business in two different countries or where a contract is concluded with a government or government department of a foreign state. The course will include the following topics: the legal framework for international business; the role of the state in international business transactions; different forms of international business transactions; international sale of goods (CISG and the UNIDROIT Principles of International Commercial Contracts); financing of the transactions and the role of monetary sovereignty; dispute resolution with special emphasis on international commercial arbitration and the enforcement of awards
This course is taught by Professor Engela Schlemmer.
International Criminal Law
LAWS7019A (Core) or LAWS7082A (Non-core) or LAWS5100A (PG Dip)
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).
Much of the reading will be from Crimes Against Humanity (Penguin) by Geoffrey Robertson QC (2000).
This course is taught by Professor Lilian Chenwi.
International Dispute Resolution
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.
International Human Rights Law
LAWS7068A (Core) or LAWS7067A (Non-core) or LAWS5110A (PG Dip)
This course deals primarily with protection of human rights at the universal level under the auspices of the United Nations (UN). The course aims to provide an understanding of the nature of international human rights law and its relationship with domestic law. Thus, students will explore and understand the procedural and substantive human rights law of the UN and its associated organisations (selected regional mechanisms might be introduced briefly, but a separate course specifically addresses the regional protection of human rights.)
It is intended that the course provide students with an appreciation of the international human rights system of the UN and its associated bodies, the status of human rights in times of emergency and the application of international human rights law in national and international tribunals.
At the conclusion of the course students should have the academic and intellectual competence to research and use international human rights in their practice of the law.
International Law of Foreign Investment
LAWS7186A (Non-core) or LAWS7187A (Core) or LAWS5112A (PG Dip)
This course will entail an advanced study of the nature, principles and practical application of the international law on foreign investment. Topics will include: the sources of international law on foreign investment; the different aspects of the international regulatory regime, inter alia admission and entry, treatment and conditions of operations; investment contracts; expropriation; accountability of the host state; protection by the investor's home state; dispute settlement and the Convention on the Settlement of Investment Disputes between States and Nationals of Other States
International Trade Law
International Trade Law I (core)
This course provides the candidate with a fundamental study of the history, structure, and future of the World Trade Organisation (WTO); the sources and institutions of the WTO as well as decision making in the WTO; and the WTO Dispute Settlement System. It interrogates the following general principles contained in the WTO agreements: the most favoured nation principle; the national treatment principle; market access and quantitative restrictions; and tariffs, including rules of origin. It also explores the general exceptions, including the chapeau and special exceptions to the general obligations contained in the WTO agreements. It also focuses on Preferential Trade Agreements and the interaction between WTO law and domestic law.
International Trade Law II (non-core)
This course focuses on the following topics in the context of the World Trade Organisation and international trade law: Trade Remedies (Subsidies and countervailing duties; dumping and anti-dumping duties; safeguards); Sanitary & Phytosanitary Measures; Technical Barriers to Trade; WTO Agreement on Agriculture; Trade in services; Trade related aspects of intellectual property rights; WTO and developing countries; African regionalism; and Digital trade & Ecommerce.
Law and Sustainability
LAW AND SUSTAINABILITY I (not offered 2019)
LAWS7200A (Core) or LAWS7201A (Non-core) or LAWS5116A (PGDip)
Law and Sustainability I will introduce students to the primary conceptual frames underlying South Africa's environmental legislation and case law (conservationism, sustainable development, human rights, environmental justice, resilience). It will then facilitate a critical understanding and analysis of South Africa's national environmental management suite of legislation dealing with green environmental issues. In this course students will engage with the National Environmental Management Act 108 of 1997; the National Protected Areas Act 57 of 2003; and the National Environmental Management: Biodiversity Act 10 of 2004. The focus will fall on understanding the primary regulatory mechanisms and institutions created by each piece of legislation and the key implementation challenges, from a practical perspective.
LAW AND SUSTAINABILITY II (not offered 2019)
LAWS7202A (Core) or LAWS7203A (Non-core) or LAWS5117A (PGDip)
Law and Sustainability II will continue to facilitate the critical understanding and analysis of South Africa's national environmental management suite of legislation begun in Law and Sustainability I. The focus in Law and Sustainability II will fall on legislation governing natural resources, brown environmental issues and issues of administrative justice and access to environmental information. In this course students will engage with the Marine Living Resources Act 18 of 1998; the National Forests Act 84 of 1998; the National Environmental Management: Air Quality Act 39 of 2004; the National Environmental Management: Waste Act 59 of 2008; the Promotion of Access to Information Act 2 of 2000 (from an environmental perspective); and the Promotion of Administrative Justice Act 3 of 2000 (from an environmental perspective).
Law and Sustainable Cities
LAWS7204 (Core) or LAWS7205 (Non-core) or LAWS5118 (PGDip)
Law and Sustainable Cities will provide a critical analysis of South African policy, legislation and case law pertinent to sustainable urban living. The course will commence with an overview of the reality and challenges of urbanisation in the context of environmental and social justice, urbanisation globally and in South Africa, the Right to the City (Henri Levebvre and David Harvey) and environmental justice frameworks, and a case study analysis of various cities around the world. The second part of the course will examine the regulatory tools of spatial planning and land use management, focusing on the functional allocation of these tools amongst the national, provincial and municipal spheres of governance, legal frameworks including the Spatial Planning and Land Use Municipal Act 16 of 2013 (SPLUMA), Municipal Systems Act 32 of 2000, Municipal Services Act 56 of 2003, and planning frameworks and processes including Integrated Development Plans (IDPs), Spatial Development Plans (SPDs), and Environmental Management Frameworks (EMFs). The course will continue with an overview of the governance and regulation of municipal urban services (water, energy, sanitation, refuse and waste management, housing, transport, and financing and sustainable pricing), and conclude by examining the governance and regulation of informal settlements.
Law of Banking and Finance
LAWS7025A (Core) or LAWS7084A (Non-core) or LAWS5078A (PG Dip)
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 is taught by Professor Herbert Kawazda.
LAWS7026A (Core) or LAWS7078A (Non-core) or LAWS5080A (PG Dip)
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.
Migration, Law and Society
LAWS7056A (non-core); LAWS7057 (core)
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.
Prospecting and Mining Law
LAWS7055A (non-core); LAWS7054 (core)
This course comprises two components: The first component consists of principles and concepts: fundamental principles; types and nature of rights granted by the state; prospecting, mining and associated concepts; legal concept of minerals. The second component consists of mineral regulation: applications under the MPRDA generally; reconnaissance permissions; prospecting rights; mining rights; mining permits; retention permits; other relevant statutory provisions in relation to permits, permissions and rights; expropriation of prospecting and mining rights; co-ownership of prospecting rights and mining rights in undivided shares; contractual capacity (cession, letting, subletting of prospecting and mining rights); special types of minerals and mining; conflicts between holders of prospecting or mining rights; joint ventures.
Regulation and Law
LAWS7058A (non-core); LAWS7059 (core)
Regulation and Law comprises a study of a range of Definitions and Rationales of Regulation; Modes of Regulation; Law of Regulation; Institutions of Regulation; Specific Regulatory Regime. Application of the above to a specific regulatory regime. Regimes could include nuclear energy, transport, international trade, public finance, etc.
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).
LAWS7079A (Core) or LAWS7036A (Non-core) or LAWS5080A (PG Dip)
The course critically assesses legal mechanisms and regulatory structures that operate in the sector. It locates the statutory framework for the regulation of telecommunications and broadcasting within the context of the policy that informed the legislation, including the technological and economic forces that guided policy formulation. This includes an analysis of how policy-making impacts on law and requires a consideration of the intersection with other fields of law, such as competition law and international trade obligations and this necessitates comparisons with international and regional jurisdictions and regulatory bodies.
LAWS7208A (Core) or LAWS7209A (Non-core) or LAWS5120A (PGDip)
Water Law will guide students through the key policy and legal instruments pertaining to water resources and water services respectively. These will include the first and second National Water Resources Strategy, the National Water Act (NWA) 36 of 1998, and the Water Services Act 108 of 1997, and accompanying regulations. The course will further examine institutional governing structures, authorisations and licensing (including knowledge of general authorisations issued under the NWA), the regulation of water quality, compliance and monitoring, the human right to sufficient water, and water pricing.