| Code | Faculty |
|---|---|
| 04251010 | Faculty of Law |
| Credits | Duration |
|---|---|
| Duration of study: 2 years | Total credits: 250 |
| Prof FJ Viljoen [email protected] | +27 (0)124203228 |
| Prof CG Ngwena [email protected] | +27 (0)514367357 |
Closing date for applications: SA applicants - 31 October; non-SA applicants - 31 August.
This programme is available for international students.
The duration of the programme will in general be four semesters (2 years) but may be completed within two semesters (1 year) where possible, subject to fulfilment of all the requirements for the degree and payment of the full amount prescribed for the LLM degree. Programmes may also be structured to allow for one year of study only. The one- or two-year period may only be extended by the Postgraduate Committee on recommendation of the Head of Department based on good reason shown and if it is clear that the student will be able to complete the programme in a further year of study.Unless stated otherwise, the curriculum will generally consist of:
General admission requirements
In addition to an LLB, BProc or equivalent qualification from a foreign university that allows the applicant entrance to the formal legal profession, the following requirements are set for admission of a prospective student to the LLM Coursework programme:
A minimum average mark of 65% with respect to the prescribed final-year modules of the undergraduate programme is required for admission to an LLM coursework programme.
Where an average of below 65% is achieved, the student may be admitted on recommendation of the relevant head of department after consultation with the programme coordinator and consideration of other merits (eg relevant professional experience; the applicant’s performance in undergraduate modules related to the particular LLM; the candidate’s performance in independent research essays or similar components) and/or an admission examination.
Linguistic competence, primarily in English; foreign applicants who did not complete undergraduate studies through the medium of English must show proof of competence in English at a minimum average level of 6 out of 10 for IELTS or a minimum total score of 83 in TOEFL calculated as follows: reading 21, listening 17, speaking 23 and writing 22. In any other instance where there is doubt as to the English linguistic competence of an applicant, the Dean may require the same proof as prescribed for foreign applicants.
Foreign qualifications are subject to SAQA evaluation. (Some LLM coursework programmes or modules as indicated in the yearbook may only be available to students who hold a relevant South African legal qualification.)
Even though a student may comply with the above requirements, the Dean may, on the recommendation of the head of department presenting a specific degree or module, refuse to accept a prospective student for any LLM programme if such a student's performance in the chosen modules or field of study during undergraduate study was not satisfactory. Alternatively, the Dean could set additional requirements with a view to admission
An admission examination may also be required in respect of a particular programme or module.
Particular LLM programmes have additional selection criteria and deadlines specific to those programmes.
HRA 802 International human rights law relevant to sexual and reproductive rights in Africa (20 credits)
HRA 803 Applying human rights principles to realise sexual and reproductive health rights claims (20 credits)
HRA 804 Applying human rights principles to selected reproductive health issues in Africa (20 credits)
HRA 805 Applying human rights principles to selected sexual rights and sexuality issues in Africa (20 credits)
HRA 806 Applying human rights principles to selected rights of sexual minorities in Africa (20 credits)
HRA 807 Research and advocacy to realise sexual, reproductive health and sexual minority rights claims in Africa (15 credits)
Language policy
The medium of instruction will be English. However, should circumstances allow it, an LLM module may be presented in Afrikaans. The Dean, in consultation with the relevant head of department, determines the language policy.
Period of registration
At the commencement of a particular module students should be registered for that module and attend the lectures. Alternatively, the permission of the programme coordinator or head of the department should be obtained before a student may be allowed to follow a specific module in a another year of study.
Limiting of modules on offer in a particular academic year and availability to foreign students
The Dean determines which modules will be presented each year, taking into consideration the availability of lecturing personnel, space and financial implications and/or other circumstances. The Dean may, on recommendation of the relevant head of department, determine the maximum number of registrations for a specific elective module in terms of the prescribed guidelines. The Dean may also, on recommendation of the relevant head of department, determine that a particular LLM module will not be offered where on the first day of lectures four or fewer students are registered for such module.
In the case of foreign students additional requirements may be set by the Dean and the modules available to such students may also be limited.
Replacement of modules
The Dean may, on recommendation of the relevant Head of Department, allow a student to replace one prescribed LLM module for a particular master's programme with another LLM module where such an exception is not otherwise permitted, on condition that good cause is shown why such an exception is required.
Credit for modules completed at another institution
The Dean may, on the recommendation of the relevant head of department, credit a student for a maximum of two modules completed at another institution on condition that it complies with the requirements of this Faculty. Where such modules do not bear the same titles as modules offered at this Faculty, modules with substantially the same content as determined by the relevant head of department may be granted credit in their place, or where, in the absence of such closely related modules, modules that are still relevant within the broad ambit of a specific LLM degree may be granted credit under special codes for the purposes of such a degree. Additional requirements may also be set before any such module will be granted credit in order to ensure compliance with the requirements of this Faculty.
Credit for non-legal components
In order to qualify for an LLM degree with non-legal components, the specific degree can at most include one non-legal module of the prescribed number of modules from a related field, and with the special permission from the Faculty Board.
Note that credit will not be given for modules which form part of another degree where the student has already complied with the requirements of such a degree. This rule is also applicable in instances where the student is currently also registered for another degree.
Re-registration for modules
A student may not register more than twice for the same module. In order to pass a module the student must obtain a final mark of 50%.
Minimum credits: 250
Module content:
In this module, the focus is on aspects of human rights research, fact finding, advocacy and education.
Module content:
Development and presentation of a research proposal. (A research proposal must be submitted to the supervisor and accepted in the first semester of the second year of study before the student will be allowed to register for the mini-dissertation.)Module content:
The focus of this module is on the application of human rights principles to selected issues related to sexual and sexuality issues in Africa, with a view to developing human rights responses to related contemporary challenges in the African region.
Topics include:
(a) Overview of relevant concepts
(b) The foundation of sexual rights in international human rights instruments
(c) Sexual norms and gender stereotypes
(d) Sex work and human rights
(e) Sexual coercion and abuse
(f) Sexually transmitted infections including HIV and rights relating to
information and prevention
(g) The right to comprehensive sexual education
(h) Harmful traditional practices that violate sexual rights
(i) Link between sexual rights and reproductive health rights
(j) Advocacy strategies for sexual rights
Module content:
The focus of this module is on the application of human rights principles to selected issues affecting sexual minorities in Africa, with a view to developing human rights responses to related contemporary challenges in the African region.
Topics include:
(a) Providing a critical understanding of the concepts ‘sexual orientation’
and ‘gender identity', ‘homosexual’, ‘bisexual’, ‘gay’, ‘lesbian’, ‘transgender’,
‘intersex’, ‘sexual minority’, ‘heterosexism’, and ‘queer’
(b) Understanding theories on the psychology, biology and sociobiology of
homosexuality
(c) Investigating the global history of homosexuality, particularly in the ‘West’
(USA and Britain) and its influence on Africa
(d) Investigating the evolution of homosexuality and society in Africa, including
an anthropological review of homosexuality in traditional African societies,
and under colonialism and in post-colonial Africa
(e) Understanding the nature of the violation of rights of ‘sexual minorities’
including violations to the rights to health; discrimination based on actual
or presumed sexual orientation, gender identity and HIV status; sexual and
other forms of violence; violations of the right to privacy; stigmatisation and
its consequences) particularly by states and non-state actors in Africa
(f) Understanding the reasons for rights violations and homophobia in Africa by
investigating the role of culture/tradition, religion and majoritarianism
(g) Considering the role of public policy, by focusing on the need and
possibilities for legal reform, and strategies to sensitise communities for
the rights of sexual minorities and change homophobic attitudes
Minimum credits: 250
Module content:
(a) The student must submit a research proposal during his/her first year of registration for the LLM degree to the supervisor prior to commencing with the writing of the mini-dissertation.
(b) A mini-dissertation (MND 802) of 18 000 to 20 000 words inclusive of footnotes but excluding the list of contents and the bibliography, is required. The mini-dissertation must be submitted to the study leader not later than August of the second year of registration for the LLM programme. The mini-dissertation must deal with the subject content of one of the modules or a combination of the modules registered for by the student for his/her LLM degree. Any request for an extension of the period for submission of the mini-dissertation may only be granted by the Dean on recommendation of the LLM Committee.
Module content:
Development and presentation of a research proposal. (A research proposal must be submitted to the supervisor and accepted in the first semester of the second year of study before the student will be allowed to register for the mini-dissertation.)Module content:
The focus of this module is on the application of human rights principles to selected issues related to sexual and sexuality issues in Africa, with a view to developing human rights responses to related contemporary challenges in the African region.
Topics include:
(a) Overview of relevant concepts
(b) The foundation of sexual rights in international human rights instruments
(c) Sexual norms and gender stereotypes
(d) Sex work and human rights
(e) Sexual coercion and abuse
(f) Sexually transmitted infections including HIV and rights relating to
information and prevention
(g) The right to comprehensive sexual education
(h) Harmful traditional practices that violate sexual rights
(i) Link between sexual rights and reproductive health rights
(j) Advocacy strategies for sexual rights
Module content:
The focus of this module is on the application of human rights principles to selected issues affecting sexual minorities in Africa, with a view to developing human rights responses to related contemporary challenges in the African region.
Topics include:
(a) Providing a critical understanding of the concepts ‘sexual orientation’
and ‘gender identity', ‘homosexual’, ‘bisexual’, ‘gay’, ‘lesbian’, ‘transgender’,
‘intersex’, ‘sexual minority’, ‘heterosexism’, and ‘queer’
(b) Understanding theories on the psychology, biology and sociobiology of
homosexuality
(c) Investigating the global history of homosexuality, particularly in the ‘West’
(USA and Britain) and its influence on Africa
(d) Investigating the evolution of homosexuality and society in Africa, including
an anthropological review of homosexuality in traditional African societies,
and under colonialism and in post-colonial Africa
(e) Understanding the nature of the violation of rights of ‘sexual minorities’
including violations to the rights to health; discrimination based on actual
or presumed sexual orientation, gender identity and HIV status; sexual and
other forms of violence; violations of the right to privacy; stigmatisation and
its consequences) particularly by states and non-state actors in Africa
(f) Understanding the reasons for rights violations and homophobia in Africa by
investigating the role of culture/tradition, religion and majoritarianism
(g) Considering the role of public policy, by focusing on the need and
possibilities for legal reform, and strategies to sensitise communities for
the rights of sexual minorities and change homophobic attitudes
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