Yearbooks

Programme: LLB

Kindly take note of the disclaimer regarding qualifications and degree names.
Code Faculty Department
04130012 Faculty of Law Department: Law Dean's Office
Credits Duration NQF level
Minimum duration of study: 4 years Total credits: 501 NQF level:  08

Programme information

The LLB is the first professional qualification for legal practitioners and provides qualifiers with the necessary theoretical knowledge and practical skills to gain entry into the formal legal profession (eg attorneys/advocates), or to follow other careers in law.

Admission requirements

  • The closing date is an administrative admission guideline for non-selection programmes. Once a non-selection programme is full and has reached the institutional targets, such programme will be closed for further admissions, irrespective of the closing date. However, if the institutional targets have not been met by the closing date, such programme will remain open for admissions until the institutional targets are met.
  • This Admissions Regulation should be read in conjunction with General Regulations G.1.1 Admission.
  • In order to register for a first bachelor’s degree at the University, a candidate should have completed the National Senior Certificate (NSC) or equivalent qualification, and meet the minimum requirements for admission to bachelor’s degree study.
  • Candidates must also comply with the particular subject and level requirement as well as with the minimum Admission Point Score (APS) for the relevant programme.
  • The APS calculation is based on a candidate’s achievement in six 20-credit NSC-recognised subjects with bands 1 to 7, indicating the scale of achievement. Thus, the highest APS that can be achieved is 42.
  • Please note that Life Orientation is a 10-credit subject and is excluded from the calculation when determining the APS.
  • Grade 11 results are used in the conditional admission of prospective students.
  • The final Grade 12 results will be the determining factor with regard to final admission.
  • All modules will be presented only in English as medium of instruction.
  • The language of communication and correspondence is English.

Transferring students

All transferring students, whether they have graduated or not, are admitted on academic merit and availability of space. Application for admission must be made by 30 September and to be considered for final admission all results and the certificate of conduct must be submitted by 31 December.

Transferring applicants

Candidates who have already completed the final Grade 12 examination as well as candidates with South African and foreign school qualifications, who were not previously registered at UP or at another university and did not graduate, may be admitted at the discretion of the Faculty’s Admissions Committee, based on the candidate’s Grade 12 results or complete university academic record and certificate of conduct. Candidates transferring from other universities must obtain at least 50% of the credits required for the LLB degree at the University of Pretoria and must be registered at the University of Pretoria for at least two years before an LLB degree may be awarded by the University of Pretoria.

Candidates who have registered for the BA (Law) or BCom (Law) programme at UP, have not graduated, and wish to transfer to the LLB programme may be considered by the Faculty’s Admissions Committee based on the candidate’s academic merit, including factors such as the candidate’s final Grade 12 results, the candidate’s grade point average, and the reasons provided by the candidate for applying to transfer to the LLB before first completing the BA (Law) or BCom (Law) degree.

Candidates who have previously been registered at another South African university for the LLB, BA (Law) or BCom (Law), with South African school qualifications or Cambridge school qualifications (South African candidates), who have not graduated, and who  wish to transfer to the LLB degree at UP may be admitted on application at year level 1, 2 or 3 of the LLB, depending on the law modules passed, at the discretion of the Faculty’s Admissions Committee, based on the candidate’s Grade 12 results and complete university academic record and certificate of conduct. Candidates who have studied at UP, discontinued their studies, and want to be readmitted to the LLB may be admitted subject to conditions set by the Faculty’s Admissions Committee.

Transferring students who graduated (Closing date: 30 September)

Candidates who have previously been registered at UP or another university and who have graduated (excluding BA (Law) and BCom (Law) graduates) may be admitted at year level 1 of the LLB, if there are places available, at the discretion of the Faculty’s Admissions Committee, based on the candidate’s Grade 12 results and complete university academic record and final certificate of conduct.

Candidates who have been awarded a BA (Law) or BCom (Law) degree by any South African university, including UP, may be admitted on application, at the discretion of the Faculty’s Admissions Committee, based on the candidate’s Grade 12 results and complete university academic record and certificate of conduct. Students transferring from other universities may be admitted at year level 3 of the LLB.

UP students may be admitted at year level 1 of the 04130010— LLB after BCom (Law) and 04130011—LLB after BA (Law) programmes. UP BA (Law) and BCom (Law) graduates are guaranteed placement in the LLB programme if they completed the BA (Law) or BCom (Law) programme in 3 or 4 years.

Non-South African qualifications (The closing date for applications for admission is 31 August)

Non-South African citizens and South African citizens with foreign qualifications must comply with all the admission requirements and the prerequisites for subjects/modules. (All such applications are submitted to the Admissions Committee of the Faculty for consideration.)

Only a limited number of non-South African candidates are admitted  to  undergraduate  studies  in  the  Faculty.  In  addition  to meeting the admission requirements,  admission  is  based  on the performance in the TOEFL, IELTS or SAT, if required, in competition with other candidates who also comply with the admission requirements.

  • Non-South African citizens (even if they or their parents have permanent residence or valid work permits in South Africa)
  • Citizens of SADC-countries with non-South African qualifications
  • Citizens of other countries with non-South African qualifications
  • South African citizens and diplomats

It may be expected of South African citizens as well as diplomats and the children of diplomats with non-South African qualifications to write the IELTS, TOEFL or SAT  so that their suitability for admission to the Faculty can be determined. 

Candidates must have completed the National Senior Certificate with admission to degree studies or a certificate of complete exemption on the basis of a candidate’s non-South African (‘foreign’) qualifications, the so-called “Immigrant” or ‘Foreign Complete Exemption’. The only condition for the ‘Foreign Complete Exemption’ that is accepted is ‘completion of the degree course.’ The exemption certificate is obtainable from Universities South Africa (USAf). Detailed information is available on the website at click here.

 

Minimum requirements

Achievement level

English Home Language or English First Additional Language

 

APS

NSC/IEB

AS Level

 

5

 

C

 

32

* Candidates that fulfil the requirements for admission as set out in this brochure will be conditionally accepted on a first-come-first-served basis until 30 September, subject to the availability of places. However, as applications already open on 1 March and spaces are limited candidates are urged to apply as early as possible in the year.

* *Cambridge A-level candidates who obtained at least a D in the required subjects, will be considered for admission.

* *International Baccalaureate (IB) HL candidates who obtained at least a 4 in the required subjects, will be considered for admission.

Other programme-specific information

The Dean determines which elective 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 determine the maximum number of registrations for a specific elective module. The Dean may, on recommendation of the relevant head of department, determine that a particular fourth-year elective module will not be offered where on the first day of lectures nine or fewer students are registered for the module.

A student may only register for a final-year elective module in the LLB if the student qualifies as a finalist for that year of study. Students who are not finalists may only enrol for a final-year elective where, upon written application, the Dean of the Faculty of Law allows such a registration based on the student’s academic record and circumstances. 

The Dean has the discretion to credit any other legal module of equal standard passed at another institution as an elective.

The following aspects should be kept in mind:

  • Students have to familiarise themselves with the prerequisites for modules from other faculties.
  • The modules must fit in on the timetable.
  • Number limits of some modules.

The Dean has the discretion to also credit any other legal module of equal standard presented at the University of Pretoria as an elective on an ad hoc basis where this module is not provided for in the current LLB offering, subject to prior approval of the Dean.

Advisory note: Students who intend to pursue an LLB degree must note that to obtain the LLB degree they will be required to obtain at least 24 credits from the following list of language modules: ENG 118, ENG 110, ENG 120. 

Elective modules for fourth year of study: 

4 modules selected from the following list:

  • Law and transformation 410 (AMR 410)
  • Alternative dispute resolution 420 (AGF 420)
  • Child law 410 (KID 410)
  • Deeds and notarial practice 410 (ANO 410) [prerequisite: SAR 310]
  • Education law 420 (ONR 420)
  • Environmental law 410 (OMR 410)
  • Information and communications technology law 420 (KUB 420)
  • International elective module 1 (IET 411)
  • International elective module 2 (IET 412)
  • International elective module 3 (IET 413)
  • International elective module 4 (IET 414)
  • International humanitarian law 420 (PUR 420)
  • Jurisprudence 420 (JUR 420)
  • Land and land reform law 420 (GHR 420)
  • Law and the community 420 (CLW 420)
  • Law of banking and financial institutions 410 (LBF 410)
  • Law of damages 410 (SGR 410)
  • Law of securities 410 (LOC 410)
  • Legal problems of HIV and Aids 410 (RHV 410)
  • Media law 420 (MDR 420)
  • Medical law 410 (GRG 410)
  • Moot Court 420 (SKH 420)(students representing UP in the African Human Rights Moot Court Competition or in the Phillip Jessup International Law Moot Court Competition)
  • Municipal law 410 (MRG 410)
  • Practical law 400 (PRR 400)(see # below) (20 credits; 2 electives)
  • Private international law 410 (IPR 410)
  • Social security law 420 (SOR 420)
  • Sports law 420 (SRR 420)
  • Statutory crimes 410 (SMI 410)
  • Tax practice 420 (BLP 420)
  • Transnational business law 420 (TBR 420)
  • Trusts and estates 410 (TBS 410)

# Practical law 400
The number of students who may be admitted to the module Practical law (PRR 400) is predetermined by the Dean, in consultation with the Head of the Department of Procedural Law.
Prospective students must apply for admission to the module.
Should more students apply for admission to the module than can be accepted, a selection process will take place on the basis of a student's previous performance and an interview with the Director of the Law Clinic.
Students are promoted on the basis of tests, satisfactory execution of assignments, sessions in the Law Clinic and an oral examination.
Practical law (PRR 400) counts 20 credits and counts as two electives.
Certain modules are only applicable to exchange students.

General requirements
1. Repeating of modules and maximum number of modules per year

  • Students who fail modules must repeat the modules in the following year.
  • Students will, however, not be allowed to take more than 150 credits per year. (This will mean that in certain instances students will not be allowed to take all the modules required for a specific year as the outstanding modules must first be repeated and passed.) The Dean may, however, exercise discretion to grant exemption from this provision.
  • Upon registration for a specific year of study, a student must first register for all modules still outstanding from the curriculum of previous study years, before the student may register for modules from the curriculum of the current or later years of study.
  • BA (Law) and BCom (Law) students who register concurrently for the LLB must adhere to their primary faculty’s rules regarding concurrent registration.
  • It is the student’s responsibility to choose modules that will not lead to class, test or examination timetable clashes

2. Credit for modules
Students transferring from another university can only obtain credit for at the most 50% of the modules needed for the degree and must complete at least 50% of the modules at the University of Pretoria.

Dean's merit list
The Student Administration office publishes the Dean’s merit list by March of every calendar year. The list contains the student numbers, in chronological sequence, of those students who achieved a weighted average (ie in accordance with the credit value of each module) of at least 75% in the preceding calendar year.

The weighted average is calculated as follows: The final mark obtained for each module for which the student registered in the preceding calendar year is multiplied by the credit value for that particular module. The sum of the values so obtained for each module are added together and divided by the total of the credit values of all modules for which the student registered in the preceding calendar year. The average so calculated is not rounded off.

A student who failed module(s) or who failed to gain entrance to the exam in the module(s) in a given calendar year may not appear on the Dean’s merit list for that calendar year. A student who registered for less than nine modules in a calendar year may not appear on the Dean’s merit list for that calendar year. Modules passed at other universities are not considered in calculating the weighted average.

Examinations and pass requirements

Please consult the Examination and Test policy as contained in the Faculty Regulations.

Promotion to next study year

(According to Regulation G.3 the Faculty Board may set promotion requirements which students must adhere to before they will be promoted.)

  1. A student must pass modules to the value of 60 credits in order to be promoted to the next year of study. A student who passed fewer than 4 semester modules will not be readmitted to the Faculty of Law. (BA (Law) and BCom (Law) students who register concurrently for the LLB will not be readmitted to the Faculty of Law if they pass less than 50% of the LLB modules.) A student, who has forfeited readmission to the Faculty, may apply in writing to the Admissions Committee of the Faculty for conditional readmission to the Faculty – with the proviso that the Admissions Committee may stipulate further requirements for progress. A student’s application for conditional readmission to the Faculty may be refused. A student who registered concurrently for the LLB and who is dismissed at the primary faculty will not be allowed to register for the LLB either. 
  2. A student who has been conditionally readmitted to the Faculty will have his/her studies monitored after the first-semester examination in order to determine whether such student has met the set conditions.
  3. Re-registration will only be permitted if a student is capable of completing the degree in the prescribed minimum period of 4 years plus a further 2 years according to the opinion of the Admissions Committee.
  4. For BA (Law) and BCom (Law) students who register concurrently with the LLB or continue with the LLB after graduating with the BA (Law) or BCom (Law), re-registration will be permitted if the student is capable of completing the LLB in a further 2 years of study, after taking into account the number of years it took the student to complete the BA (Law) or BCom (Law), and the student’s academic record. An additional year may be granted by the Admissions Committee.

Pass with distinction

For the 4-year LLB degree to be awarded with distinction, a student must obtain a grade point average (ie in accordance with the credit value of each module) of at least 75% in respect of all the modules prescribed for the third and fourth years of the LLB degree, completed at this University. The grade point average is calculated as follows: The final mark obtained for each third- and fourth-year module prescribed for the LLB degree, including the electives, is multiplied by the credit value of that particular module. The sum of these values are added together and divided by the total of the credit values of all prescribed third- and fourth-year LLB modules. The average so calculated is not rounded off. A student who failed a third- or fourth-year LLB module, including any of the electives, may not be awarded the degree with distinction.

BA (Law) graduates
For the LLB degree to be awarded with distinction to a BA (Law) (UP) graduate, a student must obtain a grade point average (ie in accordance with the credit value of each module) of at least 75% in respect of the following modules completed at this University:

RPK 210 and 220
VBB 220
BLR 310
BWR 310 and 320
IGZ 320
ISR 310
ODR 320
PBL 310 and 320
SAR 310
VHD 320
ABR 410
PBL 410 and 420
PVR 420
SIP 412 and 421
ESS 400
SPR 411 and 421
Four final-year electives

The grade point average is calculated as follows: The final mark obtained for each of the modules listed above, including the electives, is multiplied by the credit value of that particular module. The sum of these values are added together and divided by the total of the credit values of the modules listed above. The average so calculated is not rounded off. A BA (Law) (UP) graduate who failed any of the modules listed above, including any of the electives, may not be awarded the LLB degree with distinction.

BCom (Law) graduates
For the LLB degree to be awarded with distinction to a BCom (Law) (UP) graduate, a student must obtain a grade point average (ie in accordance with the credit value of each module) of at least 75% in respect of the following modules completed at this University:

FMR 121
PBL 200
RPK 210 and 220
RPR 210
RVW 210
BLR 310
BWR 310 and 320
IGZ 320
JUR 310
PBL 310 and 320
ABR 410
PBL 410 and 420
PVR 420
SIP 412 and 421
ESS 400
SPR 411 and 421
Four final-year electives

The grade point average is calculated as follows: The final mark obtained for each of the modules listed above, including the electives, is multiplied by the credit value of that particular module. The sum of these values are added together and divided by the total of the credit values of the modules listed above. The average so calculated is not rounded off. A BCom (Law) (UP) graduate who failed any of the modules listed above, including any of the electives, may not be awarded the LLB degree with distinction.

Minimum credits: 121

Fundamental credits: 38
Core credits: 59
Elective credits: 24 

  • Select only two of the ENG modules
  • Select two electives from the below mentioned list 
  • If FRK is selected as electives, INF 183 has to be selected as well

Fundamental modules

  • Module content:

    Find, evaluate, process, manage and present information resources for academic purposes using appropriate technology.

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  • Module content:

    Apply effective search strategies in different technological environments. Demonstrate the ethical and fair use of information resources. Integrate 21st-century communications into the management of academic information.

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  • Module content:

    *For LLB and BA/BCom specialising in law
    The module has both a theoretical and skills component. All elements described below will encompass conceptual knowledge combined with practical application.

    UNDERLYING JURISPRUDENTIAL ASPECTS OF LAW / THE LAW IN GENERAL

    1. A first-year definition of law / the Law
    2. The relationships between law and society, law and history, law and politics, law and language
    3. Being a law student or lawyer in South Africa
    4. Introduction to different perspectives on the law


    THE SOUTH AFRICAN LEGAL SYSTEM AND ITS HISTORICAL DEVELOPMENT

    SOURCES OF SOUTH AFRICAN LAW AND THEIR HISTORICAL DEVELOPMENT:

    1. Introduction to characteristics and components of the South African legal system
    2. Mixed legal systems
    3. The South African Constitution and its historical development
    4. Customary law and its historical development
    5. Common law and its historical development
    6. Primary and other sources of modern South African law
    7. Applying the sources of law to a set of facts and relying on the sources of law to answer a jurisprudential question.


    THE ABOVE CONTENT FORMS THE BASIS OF THE SKILLS COMPONENT (INCORPORATING ACADEMIC LITERACY SKILLS) WHICH CONSISTS OF:

    1. Conducting research in the library
    2. Finding, reading and applying the sources of law
    3. Reading, understanding and summarising texts on topics of law
    4. Analysing, criticising and improving (“edit”) a piece of writing on the law in a theoretical sense
    5. Writing a well-constructed essay or paragraph on legal problems and topics of law or legal history

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  • Module content:

    *For LLB and BA/BCom specialising in law
    BASIC PRINCIPLES OF THE:

    1. Law of obligations (contract and delict)
    2. Criminal law
    3. Law of civil procedure
    4. Law of criminal procedure
    5. Law of evidence


    ACCESS TO JUSTICE:

    1. Courts and alternative dispute resolution
    2. Legal profession
    3. Access to justice and its promotion in South Africa (the idea, problems, representation in criminal matters, role of different organisations, etc)


    THE ABOVE CONTENT FORMS THE BASIS OF THE SKILLS COMPONENT (INCORPORATING ACADEMIC LITERACY SKILLS) WHICH CONSISTS OF:

    1. Drafting a simple contract based upon a set of facts (law of contract)
    2. Reading, understanding, summarising a case on the law of delict and applying the principles of legal argument and logic to it
    3. Summarising, analysing, criticising and improving (“edit”) a piece of writing on the law of evidence
    4. Understanding and applying the principles of examination in chief, cross-examination and re-examination to a concrete set of facts with a view to participation in a “moot court” or debate.

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Core modules

  • Module content:

    *Alternative evening classes - 2 discussion classes per week Introduction to Literature in English (1)

    This module introduces the study of literature by examining a number of texts representing different genres (poetry, prose, drama). The texts studied here will be mainly from the pre-twentieth century era and may include texts written in English from both Africa and other parts of the world. The aim of this module is to equip students with the critical and analytical skills required for a perceptive reading of poetry, novels and plays.

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  • Module content:

    This module is intended to equip students with a thorough knowledge of English grammar and is particularly useful for those interested in a career in teaching, editing, document design or other forms of language practice.

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  • Module content:

    *Alternative evening classes: 2 discussion classes per week
    Introduction to Literature in English (2)
    This module introduces the study of post-nineteenth century literature by examining a number of texts representing different genres (poetry, drama, prose). Texts will be from both Africa and other parts of the world. By the end of this module students should have the background and analytical skills to perceptively read modern and contemporary poetry, novels and plays.

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  • Module content:

    *For LLB and BA/BCom specialising in law

    1. Introduction to family law
    2. General principles regarding the coming into existence of a marriage
    3. Void, voidable and putative marriages
    4. The invariable consequences of the marriage
    5. Basic principles regarding the legal relationship between child and parent
    6. The variable consequences of a marriage
    7. Principles regarding the dissolution of a marriage
    8. The consequences of the dissolution of a marriage

    Law of Parent and Child;

    1. Variable consequences of marriage
    2. Dissolution of marriage
    3. Consequences of the dissolution of marriage
    4. Customary marriages
    5. Domestic partnerships and religious marriages

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  • Module content:

    *For LLB and BA/BCom specialising in Law
    The legal rules in respect of the coming into existence, private law status and termination of a natural person or legal subject

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  • Module content:

    *For LLB and BA/BCom specialising in law
    General introduction to Roman law and European law as foundations of South African private law
    INTRODUCTION TO THE ROMAN LAW OF THINGS

    1. Things, real rights, possession
    2. Ownership, limitations, acquisition, protection
    3. Limited real rights, servitudes, real security

    INTRODUCTION TO THE ROMAN LAW OF CONTRACT

    1. General principles of the law of contract
    2. Specific contracts
    3. Quasi contracts

    INTRODUCTION TO THE ROMAN LAW OF DELICT

    1. General principles of the law of delict
    2. Specific delicts
    3. Quasi delicts

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Elective modules

  • Module content:

    Taalkundekomponent: Inleiding tot die Afrikaanse taalkunde met klem op lees-en skryfvaardigheid. Letterkundekomponent: Inleiding tot die Afrikaanse en Nederlandse letterkunde aan die hand van kortverhale en gedigte.

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  • Module content:

    Afrikaans for speakers of other languages (1)
    *No mother tongue speakers of Afrikaans will be allowed to take this module.
    A subject for advanced learners of Afrikaans. A basic knowledge of Afrikaans grammar and listening, reading, writing and speaking skills are required.

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  • Module content:

    Taalkundekomponent: Inleiding tot die Afrikaanse sintaksis, fonetiek en taalgeskiedenis. Letterkundekomponent:Inleiding tot die Romankuns Inleiding tot die Drama

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  • Module content:

    Introduction to Philosophy

    The two semester modules at first-year level introduce students to four main subfields of philosophy, namely metaphysics, epistemology, ontology and ethics. This module introduces students to two of these subfields, namely epistemology and metaphysics with reference to the work of a range of scholars from the Global South and the West. Students will become acquainted with the nature of philosophical reflection by exploring a number of classical philosophical themes in each subfield. Throughout the module there is an emphasis on developing those critical thinking, reading and writing skills that are required in Philosophy, while students become acquainted with the power of critique as critical judgment and discernment.

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  • Module content:

    Introduction to Philosophy

    The two semester modules at first-year level introduce students to four main subfields of philosophy, namely metaphysics, epistemology, ontology and ethics. This module introduces students to two of these subfields, namely ontology and ethics and the emphasis is on texts by African and Western scholars. Students will become acquainted with the nature of philosophical reflection by exploring a number of classical philosophical themes in each subfield. Throughout the module there is an emphasis on developing those critical thinking, reading and writing skills that are required in Philosophy, while students become acquainted with the power of critique as critical judgment and discernment.

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  • Module content:

    The nature and function of accounting; the development of accounting; financial position; financial result; the recording process; processing of accounting data; treatment of VAT; elementary income statement and balance sheet; flow of documents; accounting systems; introduction to internal control and internal control measures; bank reconciliations; control accounts; adjustments; financial statements of a sole proprietorship; the accounting framework.

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  • Module content:

    Budgeting, payroll accounting, taxation – income tax and an introduction to other types of taxes, credit and the new Credit Act, insurance, accounting for inventories (focus on inventory and the accounting entries, not calculations), interpretation of financial statements.

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  • Module content:

    The making of the Modern World: a survey
    A selection of themes on Asia, Africa, the Americas and Europe and their contribution to the making of the Modern World.

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  • Module content:

    Africa and South Africa: a survey
    An overview focusing on the making of African and South African societies from the earliest times to the present with emphasis on the most significant historical forces, factors and events.

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  • Module content:

    Computer processing of accounting information.

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  • Module content:

    Part 1: Fundamental criminology
    A general introduction to criminology is provided. An overview of factors that contribute to crime, forensic criminology and forensic criminalistics are investigated.
    Part 2: Violent crime
    Various types of violent crimes receive attention in this section.

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  • Module content:

    Part 1: Penology
    Attention is given to the roleplayers in the criminal justice system, namely the police, judiciary and corrections.
    Part 2: Crime prevention and control
    The nature and extent of crime, theories to explain criminal behaviour and crime prevention and control are investigated.

    The two sections will not necessarily be presented in chronological order.

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  • Module content:

    Invitation to Sociology
    How do we understand ourselves as individuals in relation to society? How are our individual life courses and large-scale processes of social and historical change related to each other? How have our societies come to be what they are today? And how can we think of our private troubles as public issues? These questions are at the very heart of sociology as a distinctive way of thinking about and understanding the social worlds that we inhabit. This module invites students to become familiar with sociological ways of thinking about current issues and personal experiences (particularly in the southern African context), and to develop the analytical skills that are necessary in order to ask and answer critical questions about the communities, society, and world that they live in. The module will include a specific emphasis on academic reading skills.

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  • Module content:

    Thinking sociologically
    Drawing from the idea of Sociology as a discipline that focuses on critical thinking, the module will introduce students to ways of questioning the obvious and the taken-for-granted. In particular, power and inequality will be problematised, with a focus on how power operates to structure racial, class and gender inequalities across institutions, ideologies and identities. The module will introduce students to the operations of power as manifested in the production of institutions, the proliferation of identities and heightened contestations among ideologies. The module will include a specific emphasis on writing skills.

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Minimum credits: 120

Core modules

  • Module content:

    *For LLB and BA/BCom specialising in Law

    1. Intestate succession
    2. Testate succession
    3. Administration of estates

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  • Module content:

    *For LLB and BCom specialising in law

    1. Law of purchase and sale
    2. Law of letting and hiring of things
    3. Law of agency
    4. Law of surety
    5. Law of letting and hiring of work

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  • Module content:

    *For LLB and BA/BCom specialising in law

    1. General principles of the law of obligations
    2. Formation of the contract
    3. Content of the contract
    4. Interpretation of written contracts
    5. Breach of contract
    6. Remedies for breach of contract
    7. Termination of contractual obligations
    8. Drafting of contracts

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  • Module content:

    1. Introduction to constitutional law and theory 
    2. Basic principles regarding constitutional law, the law in general, the State and the individual 
    3. Important constitutional principles and concepts 
    4. The historical development of modern constitutional law 
    5. Overview of the recent constitutional developments in South Africa since 1652 
    6. The different elements of State 
    7. Sources of South African constitutional law 
    8. The founding provisions, the legal order and symbols of the South African State 
    9. Basic principles of co-operative governance in South Africa 
    10. The South African President and the National Executive Authority 
    11. The National Legislative Authority 
    12. Provincial Government 

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  • Module content:

    1. Situating constitutional rights within the statist-liberal and multicommunal approaches to constitutionalism 
    2. Conceptualisation: human rights; fundamental rights and constitutional rights; universality versus cultural specificity 
    3. Structure and outline of the Bill of Rights 
    4. Standing 
    5. Interpretation with specific reference to transformationism 
    6. Application: the rights bearers and duty-bearers of constitutional rights 
    7. The structure of a dispute involving constitutional rights and limitation 
    8. Capita selecta of specific rights in liberal, communitarian and transformationist contexts, including: 
    • Equality and non-discrimination 
    • Freedom of religion, belief and opinion 
    • Expression and other selected individual freedoms 
    • Socio-Economic Rights 
    1. Enforcement 
    • Communal consent 
    • Judicial enforcement; South African courts and their jurisdictions; Capita selecta of judicial remedies 
    1. Chapter IX-institutions 
    2. Critical notes 

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  • Module content:

    *For LLB

    1. An overview of the origin and development of the various legal professions
    2. Statutory provisions applicable to the legal profession
    3. Professional conduct and ethics
    4. Professional costs and fees
    5. Professional liability of legal practitioners
    6. Research skills
    7. Writing skills (letter of advice to client; office memorandum; heads of argument)

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  • Module content:

    *For LLB

    1. Practice management
    2. Taking of instructions
    3. Bookkeeping for legal practices
    4. Aspects of trial advocacy
    5. Practical application
    6. Research skills
    7. Writing skills (letter of advice to client; office memorandum; heads of argument)

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  • Module content:

    *For LLB and BA specialising in law

    1. Indigenous culture groups, their culture, and the definition of legal pluralism
    2. Law of persons and family law of indigenous culture groups
    3. Indigenous law of delict
    4. Indigenous law of succession
    5. Indigenous law of contract
    6. Legal conflict and court structure
    7. Legal systems based on religion in South Africa

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  • Module content:

    *For LLB, BAdmin, BA specialising in law and BCom Taxation
    Statute law:

    1. General introduction: relationship between text and context
    2. What is legislation: categories and types of legislation
    3. The structure and format of legislation (enacted law texts)
    4. Commencement, amendment and demise of legislation

    Principles of interpretation:

    1. How to interpret legislation: various theories and methods of interpretation and the influence of the supreme Constitution on statutory interpretation
    2. Internal and external aids to determine the legislative purpose
    3. So-called peremptory and directory provisions
    4. Statutory interpretation and judicial lawmaking
    5. Basic principles of constitutional interpretation

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  • Module content:

    *For LLB and BCom specialising in law

    1. Basic principles of the National Credit Act 34 of 2005
    2. Aspects regarding the law applicable to credit agreements
    3. Basic principles of the Consumer Protection Act 68 of 2008

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Minimum credits: 127

Core modules

  • Module content:

    *For LLB

    1. Foundations of income tax
    2. Calculation of income tax payable
    3. Capital gains tax

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  • Module content:

    1. Introduction – Historical development and sources of the Law of Evidence
    2. Decolonisation and transformation of the Law of Evidence
    3. Relevance and admissibility
    4. Previous consistent statements
    5. Similar fact evidence
    6. Character evidence
    7. Opinion evidence
    8. Hearsay and Res Gestae

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  • Module content:

    1. Privilege
    2. Competence and compellability
    3. Kinds of evidence: oral, real, documentary and sui generis
    4. Informal admissions, pointings out and confessions
    5. Unconstitutionally obtained evidence in criminal trials
    6. Burden of proof, quantum of proof, and the effects of presumptions
    7. The evidentiary aspects of trial practice

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  • Module content:

    *For LLB and BA/BCom specialising in law

    1. General principles of the law of delict
    2. Capita selecta from the principles applicable to specific delicts

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  • Module content:

    *For LLB

    1. General principles of intellectual property law
    2. Copyright
    3. Law relating to inventions and designs
    4. Trademark law
    5. Law relating to plant breeders' rights
    6. Law of competition

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  • Module content:

    **For LLB and BCom specialising in law

    1. General introduction and historical background
    2. The process of sequestration
    3. Effects of sequestration
    4. Voidable and void dispositions
    5. Overview of administration of insolvent estates
    6. Composition, rehabilitation and offences
    7. Liquidation of insolvent companies and close corporations

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  • Module content:

    *For LLB and BA specializing in Law
    An overview of the most important jurisprudential approaches amongst others natural law, positivism, realism, critical legal theory, modern and post-modern approaches. The theoretical and practical value of these approaches are investigated within a post-apartheid context.

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  • Module content:

    *For LLB and BCom specialising in law

    1. Company law
    2. Law relating to close corporations
    3. Partnership law

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  • Module content:

    *For LLB and BAdmin
    An overview of judicial review of administrative action in light of the Constitution and the Promotion of Administrative Justice Act 3 of 2000, with a focus on the legitimate scope of such judicial review and the grounds for judicial review.

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  • Module content:

    *For LLB

    1. The historical development and theory of international law
    2. Sources of international law
    3. Territory
    4. International legal personality
    5. Jurisdiction, immunity from jurisdiction and extradition
    6. Self-contained legal regimes and state responsibility
    7. Judicial settlement of international disputes
    8. International law in municipal law

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  • Module content:

    *For LLB
    The module includes the following:

    1. How to plan a research project
    2. Reading strategies and techniques
    3. Broad theoretical approaches and methodologies (Sociology of law, Legal pluralism, Legal history, Comparative Law)
    4. Citation, ethics of citation, presentation and language
    5. How to write a research proposal and general drafting

    (This module is a prerequisite to register for ESS 400. Attendance at all the lectures is required to obtain the prescribed credits.)

     

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  • Module content:

    *For LLB and BA/BCom specialising in law

    1. General principles of the law of things
    2. Constitutional aspects
    3. Control (possession and holdership)
    4. Ownership (including joint ownership and sectional-title property)
    5. Limited real rights (including servitudes, limiting provisions, public servitudes, mineral rights and real security rights)

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  • Module content:

    *For LLB and BCom specialising in Law

    1. Elements of negotiability; the bill of exchange, cheque and promissory note; parties to bills, cheques and notes
    2. Requirements for validity, negotiation, holdership and acceptance
    3. The banker-client relationship; crossings and additions to crossings; the legal position of the drawee and collecting bank
    4. Electronic payment methods

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Minimum credits: 140

Select 4 electives to the value of 40 credits.

Core modules

  • Module content:

    *For LLB

    1. Individual labour law
    2. Collective labour law
    3. Resolution of labour disputes

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  • Module content:

    *For LLB

    The essay deals with a subject from the field of law.

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  • Module content:

    *For LLB
    Introduction to criminal law:

    1. Criminal law and the legal system
    2. Criminal law and law of delict
    3. The concepts "criminal law" and "crime"
    4. The history and sources of our criminal law
    5. Determinism and indeterminism
    6. The purpose and function of the criminal law and crime
    7. The classification of criminal law and crimes

    General principles of criminal law: elements of criminal liability:

    1. Legality
    2. The deed
    3. Unlawfulness
    4. Capacity
    5. Fault
    6. Multiple defences

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  • Module content:

    *For LLB
    Specific crimes:

    1. Attempt, incitement and conspiracy
    2. Participation and accessories after the fact
    3. Crimes against life
    4. Crimes against bodily integrity and parental authority
    5. Crimes against reputation and dignity
    6. Crimes against property and freedom of will
    7. Crimes against sexual morality and family life
    8. Crimes against public morality and religious feelings
    9. Crimes against the administration of justice and public administration
    10. Crimes against the state

    Punishment:

    1. Theories of punishment
    2. Forms of punishment

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  • Module content:

    *For LLB
    Capita selecta from any of the following:

    1. Enrichment
    2. Estoppel
    3. Personality rights

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  • Module content:

    STUDY UNIT 1: Introduction to Civil Procedure and the structure of the courts
    STUDY UNIT 2: Consultation, legal representation, demand and prescription
    STUDY UNIT 3: General principles of jurisdiction
    STUDY UNIT 4: Jurisdiction of the High Court
    STUDY UNIT 5: Jurisdiction of the Magistrate's Court
    STUDY UNIT 6: Jurisdiction of the Small Claims Court
    STUDY UNIT 7: The parties
    STUDY UNIT 8: Applications
    STUDY UNIT 9: Summons, particulars of claim and declaration
    STUDY UNIT 10: Service of process
    STUDY UNIT 11: Judgment at an early stage
    STUDY UNIT 12: Summary judgment

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  • Module content:

    STUDY UNIT 13: Defective processes and non-compliance with the rules
    STUDY UNIT 14: Settlement offers, security for costs and mediation
    STUDY UNIT 15: The plea, counterclaim, replication, counterplea and close of pleadings
    STUDY UNIT 16: Amendment of pleadings
    STUDY UNIT 17: Preparation for trial
    STUDY UNIT 18: The trial and judgment
    STUDY UNIT 19: Provisional sentence
    STUDY UNIT 20: Appeals and reviews
    STUDY UNIT 21: Execution
    STUDY UNIT 22: Debt collections and administrations
    STUDY UNIT 23: Legal costs
    STUDY UNIT 24: Interdicts, Mareva injunctions and Anton Piller orders

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  • Module content:

    1. Introduction
    2. The courts and prosecuting authority
    3. Pre-trial procedures for children
    4. Attendance of accused at court
    5. Interrogation, interception and establishing the bodily features of a person
    6. Search and seizure
    7. Bail and release on warning

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  • Module content:

    1. Alternative procedures to finalise a criminal case
    2. Indictments and charge sheets
    3. Pleas
    4. Plea of guilty
    5. Plea of not guilty
    6. Trial and verdict
    7. The sentence
    8. Review proceedings
    9. Appeals

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Elective modules

  • Module content:

    *For LLB
    Introductory debate on the universality and cultural specificity of human rights and a historical overview of human rights in Africa. The module focuses on the notion of transformation and explores its theoretical content as well as practical implications.  Students will be expected to investigate and develop a transformative jurisprudence/ a jurisprudence of transformation. Issues to be considered include:  human rights and democracy; constitutional sovereignty in South Africa; the notion of transformative constitutionalism; critical engagements with transformation; instantiations of transformation.

     

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  • Module content:

    *For LLB

    1. An overview of the origin and development of the professions of conveyancer and notary
    2. Statutory provisions applicable to conveyancers and notaries
    3. Professional responsibility and ethics
    4. Aspects surrounding the transfer of immovable property, registration of mortgage bonds, servitudes and real rights
    5. Practical drafting of deeds and notarial documents

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  • Module content:

    *For LLB
    (a) Transfer duty
    (b) Value-added tax
    (c) Diverse tax matters

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  • Module content:

    *For LLB
    The module has both a theoretical and a community engagement component.

    THEORETICAL

    1. Different notions of community
    2. The impact of law on the everyday lives of people and communities
    3. The influence of law and society / sociology of law / Streetlaw
    4. The South African context

     

    COMMUNITY ENGAGEMENT

    1. Involvement in local community projects
    2. Presentation of seminars with legal themes at schools, factories, prisons and other local communities
    3. Drafting of information booklets and conducting research on topics of law for local community bodies

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  • Module content:

    *For LLB
    The topics covered include:

    1. General principles of the construction contract
    2. National and international pro forma industry contracts
    3. Specific remedies for breach of contract
    4. Dispute resolution

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  • Module content:

    *For LLB

    This module offers an introduction to various legal aspects related to the contemporary exploitation of mineral resources. A capita selecta of topics include different legal issues in mine development and production; associated environmental and social challenges; mineral resource governance, and the interplay between the UN Sustainable Development Goals and the mining sector.

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  • Module content:

    *For LLB

    1. Introduction to the land and land reform law
    2. Capita selecta of policy documentation, constitutional and other statutory measures in respect of the use of land and land reform law
    3. Relevant aspects of conveyancing law

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  • Module content:

    *For LLB

    1. General foundations of forensic medicine
    2. Legal basis of the relationship between doctor/hospital and patient
    3. Grounds of justification for medical interventions
    4. Medical negligence and vicarious liability
    5. The patient's privacy and medical confidentiality
    6. Artificial human procreation
    7. Liability for wrongful conception/birth/life
    8. Transsexualism and sex-change operations
    9. The moment of death and euthanasia
    10. Aspects of the medical disciplinary hearings

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  • Module content:

    *For LLB

    1. Theoretical and historical background
    2. Conceptual problems
    3. Determination of foreign law
    4. Conflict rules for the determination of an appropriate norm of the:
    • family law
    • law of contract
    • law of delict
    • law of things
    • law of succession
    • recognition and enforcement of foreign judgements

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  • Module content:

    *For LLB
    The topics covered include:

    1. Insurance supervision and governance
    2. General principles of insurance contract law
    3. Specific aspects pertaining to the insurance relationship
    4. Specific aspects pertaining to insurance claims
    5. Dispute resolution

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  • Module content:

    *For LLB
    The module focuses on various jurisprudential approaches including philosophical perspectives; critical theory; and other inter- and transdisciplinary perspectives on law and their response and relation to contemporary issues.

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  • Module content:

    *For LLB

    1. The status of children in South African law
    2. The constitutional protection of children
    3. General principles of the Children’s Act 38 of 2005
    4. Parental responsibilities and rights
    5. Children courts
    6. Adoption and alternative care
    7. International instruments pertaining to children’s rights
    8. Intercountry adoption and international abduction
    9. Children and the criminal justice system

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  • Module content:

    *For LLB

    1. Introduction to the study of information and communications technology law:
    • The place of information and communications technology law in the legal system
    • The nature and scope of information and communications technology law
    • Sources of information and communications technology law
    • Inception and influence of the Internet
    1. Regulation of the Internet:
    • National/International
    • Jurisdiction
    1. Aspects of intellectual property law and the Internet
    2. E-commerce activities and the Internet:
    • Aspects of jurisdiction and signing of contracts
    • Data protection and encryption
    • Liability of Internet service providers
    1. Advertising and the Internet
    2. Criminal liability in information and communications technology law
    3. Constitutional aspects in information and communications technology law:
    • The right to privacy/freedom of expression/information

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  • Module content:

    *For LLB

    1. Law pertaining to selected financial institutions
    2. Banking law
    3. Insurance law

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  • Module content:

    *For LLB
    Capita selecta from media and communications law in the light of the Constitution.

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  • Module content:

    *For LLB

    1. Introduction to local government law in general
    2. Process of local government transformation
    3. Status, objects and challenges of local government
    4. Legal nature and duties of municipalities
    5. Co-operative government
    6. New institutional models in local government
    7. Demarcation of local government jurisdictions.
    8. Composition and election of local government structures
    9. Role of traditional leaders in local government
    10. Powers and functions
    11. Political structures
    12. Municipal services and other functional activities
    13. Human resources and labour issues
    14. Municipal finances and fiscal management
    15. Development, planning and unique local government law matters

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  • Module content:

    *For LLB

    1. The nature and scope of environmental law
    2. The Constitution and the environment
    3. Environmental framework regulation
    4. Planning law
    5. Environmental assessment
    6. Water law
    7. Pollution control and waste management
    8. Mining and energy sources
    9. Biodiversity and conservation of forests, plant resources and wild animals
    10. Heritage resources
    11. Living marine resources

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  • Module content:

    *For LLB

    1. Introduction to the nature and role of the law of education
    2. Fundamental right to education and constitutional principles relevant to education
    3. Certain specific rights of students, learners, parents and educators
    4. Basic legal principles of education management in public schools
    5. Basic legal principles regarding tertiary education
    6. Other relevant aspects of the law of education

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  • Module content:

    *For LLB
    An introduction to the medical and social aspects of the disease, and aspects of the legal position of people with HIV/Aids; seminar assignments (mini-dissertations) about problems of a moral and legal nature, such as the criminalisation of HIV infection as a separate statutory offence, implications of the right to health care, notification of HIV/Aids and the limits of privacy, as well as aspects arising from medical experimentation and the development of a vaccine.

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  • Module content:

    *For LLB
    Section A: Law of Unlawful Competition – the Common Law of Competition
    The following aspects will be dealt with:

    1. The role of competition in commerce
    2. The concept and definition of competition
    3. The historical development of the law of unlawful competition
    4. Rights affected by unlawful competition
    5. The common law basis for action against unlawful competition
    6. Capita Selecta: (Recognised Forms of Unlawful Competition):
      1. Passing Off and Leaning On
      2. Deception concerning one's enterprise, goods or services
      3. Interference with a trader’s enterprise or business affairs
      4. Misappropriation of confidential information
      5. Counterfeit goods
      6. Ambush marketing
    7. Defences against unlawful competition


    Section B: Statutory Competition Law - the Competition Act, 1998
    The following aspects will be dealt with:

    1. The development of statutory competition
    2. The Competition Act: goals and scope of application
    3. The administrative framework of the Competition Act.
    4. Practices and transactions governed by the Competition Act
      1. Restrictive horizontal practices
      2. Restrictive vertical practices
      3. Abuse of Dominance
      4. Mergers
    5. Other Important Enforcement and Administrative Procedures
      1. Corporate Leniency
      2. Exemptions
      3. Criminalisation of Cartel Conduct
      4. Market Inquiries
      5. Private Damages Claim

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  • Module content:

    *For LLB

    1. General principles and doctrines of the law of damages
    2. Specific principles regarding delictual damages
    3. Specific principles regarding contractual damages
    4. Procedural principles in the law of damages

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  • Module content:

    *For LLB
    Crimes:
    Capita selecta from:

    1. Computer crimes
    2. Liquor and drug offences
    3. Economic offences
    4. Sexual offences
    5. Offences within the family and against children
    6. Offences against animals
    7. Offences relating to dangerous weapons, firearms and explosives
    8. Police and prisons offences
    9. Offences against the public safety and order
    10. Offences against the safety of the state
    11. Offences against the environment
    12. Traffic offences
    13. Minimum sentencing

    Forensic criminalistics:

    1. Components and objectives of criminal investigation
    2. Identification, comparison and individualisation
    3. Information-gathering through communication
    4. Serological examinations
    5. Odontological examinations
    6. Dactyloscopic examinations
    7. Trichological examinations

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  • Module content:

    1. Scope and functions of social security
    2. Old age grants and insurance
    3. Employment injuries and unemployment insurance
    4. Sickness, invalidity and health care
    5. Child and family maintenance

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  • Module content:

    *For LLB
    (a) Delictual liability
    (b) Contractual liability
    (c) Criminal liability
    (d) Diverse aspects arising from sports

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  • Module content:

    *For LLB
    (a) International contracts of sale
    (b) International contracts of carriage
    (c) Insurance contracts in international transactions

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  • Module content:

    *For LLB
    (a) Aspects of trust law
    (b) Aspects of administration of deceased estates

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The information published here is subject to change and may be amended after the publication of this information. The General Regulations (G Regulations) apply to all faculties of the University of Pretoria. It is expected of students to familiarise themselves well with these regulations as well as with the information contained in the General Rules section. Ignorance concerning these regulations and rules will not be accepted as an excuse for any transgression.

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