FACULTY OF LAW HANDBOOK 2020

RULES, REGULATIONS AND ACADEMIC INFORMATION

www.ru.ac.za
 CONTENTS

CONTENTS 1

WELCOME 4

SECTION A: FACULTY VISION, MISSION AND GOALS

VISION AND MISSION 5

GOALS 5

SECTION B: THE FACULTY AND ITS STAFF

ACADEMIC STAFF 7

ADMINISTRATIVE STAFF 13

LAW CLINIC 14

LAW CLINIC STAFF 14

THE LAW LIBRARY 16

LIBRARY STAFF 16

RHODES MAIN LIBRARY 16

ALASTAIR KERR LAW LIBRARY 16

FACILITIES 17

OPENING HOURS 17

RULES & REGULATIONS 18

HOW TO FIND MATERIAL 18

WHERE TO FIND LAW REPORTS 19

WHERE TO FIND LEGISLATION AND REFERENCE WORKS 19

THE RHODES UNIVERSITY LAW SOCIETY 20

THE BLACK LAWYERS’ ASSOCIATION 21

LEGAL ACTIVISM SOCIETY 22

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 SECTION C: ACADEMIC PROGRAMMES

POSTGRADUATE STUDIES: LLM AND PhD 23

UNDERGRADUATE STUDIES: LLB 25

EXAMPLES OF SOME CURRICULA 27

THE FIVE-YEAR STREAM 27

THE FOUR-YEAR LLB STREAM 29

THE THREE-YEAR LLB STREAM 31

LEGAL THEORY 32

COURSE CO-ORDINATORS 32

LEGAL THEORY 1 32

LEGAL THEORY 2 34

LEGAL THEORY 3 36

COMMERCIAL LAW 37

COURSE CO-ORDINATORS 37

COMMERCIAL LAW 1 38

COMMERCIAL LAW 2 39

TUTORIALS AND ACADEMIC SUPPORT 41

INTERNATIONAL EXCHANGE PROGRAMMES 43

SECTION D: ADMINISTRATIVE ISSUES

ESSAYS, ASSIGNMENTS AND OTHER COURSE WORK 44

CALCULATION OF COURSE RECORDS 46

DP REQUIREMENTS AND LEAVE OF ABSENCE 47

EXAMINATIONS 51

JUNE AND NOVEMBER EXAMINATIONS 51

SUPPLEMENTARY EXAMINATIONS 51

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 AEGROTAT EXAMINATIONS 51

REWRITE EXAMINATIONS 53

ORAL EXAMINATIONS 53

RE-SCRUTINY AND VIEWING SCRIPTS 54

PROCESSING EXAMINATION RESULTS 55

LLB RESEARCH ESSAY GUIDELINES AND ASSESSMENT CRITERIA 58

SECTION E: PROBLEM-SOLVING, REFERENCING AND PLAGIARISM

PROBLEM-SOLVING GUIDE 61

LAW FACULTY REFERENCING GUIDE 69

PLAGIARISM 79

SECTION F: BURSARIES, AWARDS AND PRIZES

CRITERIA FOR ACADEMIC AWARDS 86

DEAN’S LIST 86

LLB WITH DISTINCTION 86

AWARD OF COLOURS 86

AWARD OF HONOURS 86

PRIZES, SCHOLARSHIPS AND BURSARIES 87

FIRST YEAR 87

SECOND YEAR 88

THIRD YEAR 89

PENULTIMATE YEAR LLB 90

FINAL YEAR LLB 91

TOMMY DATE CHONG AWARD 92

ROB AND TRISH MIDGLEY PRIZE 92

MASTER’S DEGREE SCHOLARSHIPS 94

DOCTORAL DEGREE SCHOLARSHIPS 94

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 WELCOME

I wish to extend a warm welcome to students of the Law Department (our Legal Theory
and Commercial Law students) and to the students of our Faculty (our LLB students).
May the 2020 academic year be challenging, rewarding and successful.

As we enter the second decade of the third millennium, we are excited to share in your
journey of academic and intellectual growth at Rhodes University. We live in a time of
rapid change which requires existing knowledge, skills and attitudes to be adapted to meet
new and ever-changing demands. This process of change must be grounded, and in law
the foundation of our knowledge is to be found in the sources of our law, subject to their
constitutionality. The law, and its application as it stands, will be our starting point. I invite
you to join academic staff in responding to the challenge of finding solutions to new
challenges or new solutions to old challenges, grounded in principle.

We take our guidance for teaching and learning, research, community engagement and for
our administrative tasks from the Constitution of the Republic of South Africa, 1996. We
strive to reflect the constitutional commitment to ‘establish a society based on democratic
values, social justice and fundamental human rights’; a society in which the rule of law
triumphs over arbitrary decision-making and irrational exercise of power.

The Faculty of Law Handbook: Rules, Regulations and Academic Information. This
booklet outlines the essential academic rules and regulations of the Department/Faculty. It
further provides you with important academic information, including information pertaining
to referencing and problem-solving, core to your academic work. Use the Handbook every
time you prepare for assessment. Familiarise yourself with the rules that apply. Let the
Handbook accompany you throughout your legal studies. Academic success is the result
of hard work and taking responsibility for your own learning. Academic staff and tutors
serve as guides in your learning process, but ultimately your commitment and hard work
determine your success or not.

Students are to note that NO supplementary examinations for law will be written in
August/September. All supplementary examinations for law are written in
January/February of the following year.

Do not hesitate to contact me if you have any enquiries about the Faculty, its rules and
operations – [email protected]

All the best for the 2020 academic year.

R Krüger
Dean: Faculty of Law

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 SECTION A: FACULTY VISION, MISSION AND GOALS

1 VISION AND MISSION

The Faculty’s vision is to be an academic centre that is respected nationally and

internationally for its excellent teaching and research, and which seeks to play a
productive role in the development of the Eastern Cape and Southern Africa.

In pursuit of its vision the Faculty’s mission is to produce high-quality graduates who are
capable of becoming leaders in legal practice, commerce, industry, politics or academia.
Its aim is to conduct sound teaching and research and to promote community
engagement. The Faculty is committed to the values entrenched in the Constitution of the
Republic of South Africa and aims to promote justice, inclusivity and equity in our staff and
students, so enabling them to become responsible, productive and ethical members of
society.

2 GOALS

2.1 General benchmarks

 To appreciate that we are professionals, who are required to show dedication,

responsibility and commitment to our vocation.
 To nurture and develop pride in the Faculty amongst staff and students.
 To provide a professional, efficient and effective service.
 To work together as a team that is dedicated to the Faculty’s Vision and Mission
statement.
 To be aware of our social and ethical responsibilities as educators, researchers and
members of the community.

In furthering the above, our more specific goals are:

2.1.1 Policy

 To be aware of policy at the Faculty, University and National level, and to accept the
need to comply with such policies. In particular:
 To comply with the University’s Policies on Teaching and Learning, Community
Engagement and Research.
 To appreciate the need for diversity and equity, and actively to pursue opportunities
for ensuring that our Faculty reflects national demographics.
 To encourage student participation in Faculty decision-making.

2.1.2 Teaching and Learning

 To encourage a spirit of enquiry and intellectual curiosity amongst students.

 To be enthusiastic, and to care about our students and student learning.
 To ensure a professional approach to teaching and learning. In particular:

1 To exhibit expertise and be up-to-date in our fields of teaching.

2 To be prepared and organised teachers.
3 To be reflective and reflexive practitioners.
4 To provide clear course outcomes and clear expectations in coherent and
comprehensive course outlines.
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 5 To be competent assessors, who provide clearly-articulated assessment criteria
in accordance with course outcomes, who return tests and assignments within
reasonable periods (normally no longer than two weeks from submission), and
who give meaningful feedback to students regarding their progress.
6 To conduct regular course evaluations.
7 To encourage our students to take responsibility for their own learning.

2.1.3 Research

 To develop and promote a research culture amongst staff and students.

 To value the importance of research output.
 To publish regularly, and to attend conferences and deliver conference papers
regularly.
 To encourage collaborative research, and research that is responsive to the
community.
 To enhance the research ability of students, especially at postgraduate level.

2.1.4 Community Engagement

 To develop an environment in which community engagement is encouraged and

valued.
 To promote voluntary participation by staff and students in community engagement
activities that utilise legal knowledge and skills to the benefit of the broader
community.
 To provide service learning opportunities for every LLB student.
 To provide institutional support to the Law Clinic in its access to justice and
community education work
 To integrate community engagement initiatives in teaching and learning, and
research.

2.1.5 Administration

 To provide an efficient and effective administrative service in all spheres of Faculty

activity.

2.2 A student-centred Faculty

The main focus of the Law Faculty is undergraduate teaching and learning, and the
Faculty concentrates on providing high quality basic formative legal education. A Legal
Theory major is offered in the Faculties of Humanities, Commerce and Science, and
Commercial Law courses are offered in the Commerce Faculty. The Faculty's primary
degree is the LLB, but this is also complemented by research LLM and PhD degrees.

Our students are central to the activities and purpose of the Faculty, enhanced by its small
size. Law students in every year of study are encouraged to make the most of the
opportunities available to them, including:
 encouraging interaction with academic staff;
 using the Law Library to full advantage;
 serving the local community through community engagement;
 participating in extra-mural academic activities and social functions;
 making themselves available for student leadership with consequent development
of interpersonal skills; and
 improvement of oral skills through moots, mock trials and client counselling.
 accessing university services aimed at ensuring students’ well-being.

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 SECTION B: THE FACULTY AND ITS STAFF
ACADEMIC STAFF
1 DEAN & ASSOCIATE PROFESSOR

Professor Rosaan Krüger BA (Hons), LLB (Potch), PGCHE, PhD (Rhodes)

Attorney of the High Court of South Africa
Email: [email protected]

Rosaan Krüger teaches Constitutional Law, Constitutional Litigation and an introductory

component of Foundations of Law.

Her research for her PhD (awarded in 2009) considered the application of the Promotion
of Equality and Prevention of Unfair Discrimination Act 4 of 2000 at the level of the
magistrates’ courts with specific reference to complaints of racism. She continues her work
on discrimination law and its impact on social change. Rosaan's other research interests
include constitutional law theory and constitutional litigation. Her publications include a
variety of mainly public law topics. She supervises LLM and PhD candidates her areas of
expertise.

Prof Krüger was appointed at Rhodes University in 2001 as a lecturer, promoted to senior
lecturer in 2010 and to associate professor in 2016. Her term as dean of the Faculty
commenced in July 2014, and comes to an end on 30 June 2020.

She will be on academic leave from 1 July 2020 to 30 June 2021.

2 DEPUTY DEAN & PROFESSOR

Professor Laurence Juma LLB (Nrb), LLM (Penn), MA (Notre Dame), LLD (UFH)
Email: [email protected]

Professor Juma teaches Public International Law, Property Law and International Human
Rights and Humanitarian Law. He is the co-ordinator of post graduate studies and external
moot programmes of the faculty, and Hall Warden for Postgraduate Residences. He is a
member of Network of University Teachers of International Humanitarian Law in Southern
Africa and Indian Ocean Region and serves in the editorial board of the African Yearbook
on International Humanitarian Law. He has also served as an expert panellist for the
United Nations Working Group on the Use of Mercenaries as a Means of Violating and
Impeding the Exercise of Rights of Peoples to Self-Determination. Prof Juma is currently
working on a joint project of Rhodes and Utrecht Universities on international criminal
justice, especially the role of ICC in Africa. He has published widely in the fields of human
rights, conflict studies, as well as general public international law.

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3 ASSOCIATE PROFESSORS

Professor J Campbell BA, LLB (UCT), LLM (Rhodes)

Attorney of the High Court of South Africa and Director of the Law Clinic
Email: [email protected]

Jonathan Campbell has been a practising attorney for 23 years, 18 of which have been
spent as Director of the Rhodes University Law Clinic. At the Law Clinic he developed the
Clinical Legal Education Program to become an integral, compulsory component of the
LLB degree, with two volunteer programmes for Legal Theory 2 students and final year
LLB students. The Law Clinic provides free legal services within and beyond
Grahamstown, with an outreach program to some 40 paralegal advice offices and their
communities throughout the Eastern Cape. From January 2009 until June 2014 he was
Dean of the Faculty of Law. His fields of research interest include legal education,
consumer law, and practical skills (e.g. consultation, case management and drafting skills,
negotiation and mediation).

Professor G B Glover BA, LLB, PhD (Rhodes)

Email: [email protected]

Graham Glover teaches courses in Contract, Sale & Lease, Agency, Insurance and Credit
Agreements, and he also teaches part of Legal Skills. He received his PhD degree in 2004
for a thesis entitled The Doctrine of Duress in the Law of Contract and Unjustified
Enrichment in South Africa. Prof Glover’s research interests are mainly in the field of
contract law: he has published more than 20 journal articles and book chapters in this area
of law. He is the co-author of the LAWSA sections on “Sale” and “Lease”. In late 2014 he
published the fourth edition of Kerr’s The Law of Sale and Lease and, and he is now
contracted to produce the next edition of Kerr’s The Law of Agency. In 2006 he compiled
and edited the book, Essays in Honour of AJ Kerr, a festschrift honouring Professor Kerr’s
outstanding contribution to legal academia in South Africa. He also contributes the chapter
on Divorce to the Family Law Service. He is the Managing Editor of the South African Law
Journal.

Professor E H van Coller LLB, LLM (UFS), LLM (Utrecht), PGDHE(Rhodes), LLD (UJ)
Advocate of the High Court of South Africa
Email: [email protected]

Helena van Coller is the course co-ordinator for Commercial Law 1 and she also teaches
Administrative Law to final year LLB-students. She also supervises postgraduate students
in her area of expertise. She joined the Faculty in July 2005. She obtained her LLB and
LLM degrees (both with distinction) from the University of the Free State and an LLM (with
distinction) from the University of Utrecht. She lectured part-time at the University of the
Free State and supervised students from the Governance Programme, after obtaining a
Master’s degree in Governance and Political Transformation from UFS in 2008. She was
admitted as an advocate in 2004. She submitted her LLD (in Administrative Law) at the
end of 2011 and graduated in 2012.

Her monograph, entitled Regulating Religion: State Governance of Religious Institutions in

South Africa was published in 2019 by Routledge.

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5 SENIOR LECTURERS

Mrs G E Davies BA, LLB (Rhodes)

Attorney and Conveyancer of the High Court of South Africa
Email: [email protected]

Liz Davies teaches Legal Theory 1 and Commercial Law 1 courses, as well as the
Introduction to Conveyancing elective. She is also the Faculty’s Academic Development
specialist. In this capacity, she co-ordinates and supervises the specialised tutorial and
academic development programmes that are offered to all first-year law students. Mrs
Davies introduced the highly-successful Supplemental Instruction programme in the
Faculty, the first faculty at Rhodes to offer such a programme. She is also actively involved
in the Faculty and University’s staff development programme. Mrs Davies’s research
interests lie in the field of professional staff development and academic development and
support.

Mrs S E H Driver BA, LLB, PGDHE (Rhodes), LLM (Unisa)

Email: [email protected]

Sarah Driver teaches courses the Law of Succession and Administration of Estates and
the Law of Copyright and Trade Marks as part of the final year curriculum and Criminal
Law A and B and Legal Writing components of Legal Skills to penultimate year LLB
students.

Mrs Helen Kruuse BA, LLB, LLM, PGDHE (Rhodes)

Attorney of the High Court of South Africa
Email: [email protected]

Helen Kruuse lectures in the Law of Life Partnerships, Legal Skills (the legal environment),
Jurisprudence and Legal Ethics & Professional Responsibility.

Helen’s research interests lie in family law (specifically in the field of customary
marriages), children’s rights and legal ethics. Her experience includes articles in East
London at the firm Bate, Chubb and Dickson; two years in legal services at the London
Borough of Brent; and teaching in the Department of Private Law, University of Cape
Town as well as the Department of Public Law and Jurisprudence, University of the
Western Cape. In the last year she has published in the fields of legal ethics and marital
rape, while she reads towards her PhD. She is also an editor of the South African Law
Journal.

Adv C A Renaud BA (Hons), LLB (Rhodes), LLM (Stell), MCIArb

Advocate of the High Court of South Africa
Email: [email protected]

Craig Renaud teaches courses in company law, civil procedure, competition law, trust law
and commercial arbitration. He formerly practised as a member of the Eastern Cape Bar,
and he continues to practise at the Bar on a part-time basis. He is a member of the
Chartered Institute of Arbitrators.

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Adv S Rahim BJuris (UPE), LLB (NMMU), LLM: Corporate Law (UNISA)
Advocate of the High Court of South Africa
Email: [email protected]

Shuaib Rahim lectures the Law of Property (A and B) and Banking and Payment
Instruments, Commercial Law, International Trade Law and lectures on Competition Law.
He joined Rhodes University from the Nelson Mandela Metropolitan University in July of
2016 where he lectured Insolvency and Company Law and coordinated the Commercial
Law Module for BCom students. He is actively involved in Community Engagement and
Civil Society Projects with a focus in Sustainability, Ethics and Corporate Governance.
Since his employment at Rhodes, he has been appointed as the Independent Electoral
Board Impartial Officer for Rhodes University SRC Elections; to the NEDLAC Communal
Property Association Amendment Bill Task Team as well as the NTEU Executive at
Rhodes. He is also Chairperson of the Academic Freedom Committee, the Senate
Representative of the Institutional Forum and Chairperson of the Law Faculty Community
Engagement Initiative.

6 LECTURERS

Mr P Jabavu NDip (WSU) BTech: Journalism (TUT) LLB (WITS)

Email: [email protected]

Phumelele joined the faculty in 2015. He teaches Legal Interpretation, Law of Delict and
Commercial Law. He also coordinates Legal Theory 2.

Mr N Mzolo BA, LLB, LLM (UKZN)

Email: [email protected]

Mr Mzolo Nkosinathi is an aspiring academic and Human Rights Lawyer in the field of
Public Law. His areas of interests are human rights, constitutional and administrative law.
He is a former Disciplinary Committee member (Chairperson and Prosecutor) for South
African Football Association (SAFA) - UMgungundlovu Region. He has taught in the areas
of Public Law; Interpretation of statutes and Labour Law at the Varsity College (Westville
Campus) and Constitutional Law, Human Rights, Aspects and Foundations to law at the
University of Kwa-Zulu Natal as a Graduate Teaching Assistant.

Mr Mzolo’s LLM thesis is entitled: The rule of law, principle of legality and the test for
rationality: A critical analysis of the South African jurisprudence in the light of separation of
powers.

Ms N Mashinini LLB, LLM (UP)

Email: [email protected]

Nomalanga holds the degrees LLB and LLM (Mercantile Law) both from the University of
Pretoria. She lectures Law of Persons, Company Law and Commercial Law. She joined
the Rhodes Faculty of Law in October 2017 after serving in the Department of Mercantile
Law at the University of Pretoria. Her main interests lie in the fields Information and
Communications Technology Law, Intellectual Property Law and Competition Law.

Ms Mashinini has secured teaching relief funding for 2020 and will focus her attention on
her doctoral studies during this year.

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Ms Y Ndamase LLB (cum laude) (UFH), LLM (UCT)
Email: [email protected]

Ms Ndamase obtained her LLB degree with distinction from the University of Fort Hare
and an LLM from the University of Cape Town. She served at the Centre for Law &
Society at UCT and at the Supreme Court of Appeal as a law researcher. She joined the
Rhodes Faculty of Law in January 2019. Her research interests are on competition law,
corporate governance, and Trade Mark Law.

Mr. S Bergover LLB (UKZN)

Attorney of the High Court of South Africa
Email: [email protected]

Mr Shaun Bergover is a human rights lawyer and aspiring academic who joined the
Rhodes Law Clinic in July 2017 as an attorney and later joined the law faculty as a lecturer
in September 2018. He co-teaches Legal Practice and Civil Procedure A. He has an LLB
and is nearing completion of an LLM (both UKZN). He completed his articles at the Legal
Resources Centre in Durban with a focus on land, housing and gender rights. In addition,
he has a range of work experience in prior years including working as an English Teacher
in South Korea and stints at Ethekwini Municipality and NBC Holdings.

7 PART-TIME LECTURERS

Dr A Pinchuck MSc (Rhodes), PhD (Wits)

Email: [email protected]

Andrew Pinchuck studied at Rhodes from 1996 to 2001, obtaining a Master’s degree in
Mathematics. He subsequently spent one year working as a Teaching Assistant for the
Mathematics department before moving to London, where he worked in a number of jobs
outside of academia, including being a Laboratory Engineer for Epoch Labs. From 2005 to
2008, he worked as a senior tutor in the School of Mathematics teaching mainly
Engineering Mathematics. He obtained his PhD in 2011.

Mr R Poole B Com, PG Dip Acc, M Com (Taxation) (Rhodes) MTP (SA)

Email: [email protected]

Richard is a senior lecturer in Taxation Studies in the Department of Accounting and has
been a career academic since 2000. Richard completed his MCom in Taxation at Rhodes
in 2013 and is currently contemplating Doctoral studies. Richard is a registered Master
Tax Practitioner with the South African Institute of Tax Practitioners (SAIT) and is a Past
Regional President of the South African Accounting Association (SAAA - Eastern Cape).
Richard presents the elective in Law of Tax and Estate Planning at final year LLB level.

Mr M Sam BSc(Hons)(Fort Hare), MA (Rhodes)

Email: [email protected]

Msindisi lectures the IsiXhosa elective to our final year students.

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Ms C van Schalkwyk BA, LLB, LLM (Stell)
Email: [email protected]

Cecile van Schalkwyk is an attorney at the Legal Resources Centre in Grahamstown. She
teaches part of Civil Procedure A and students in this course will benefit from her
experience from legal practice.

Mrs A Wagenaar B Com (Rhodes), AGAs

Email: [email protected]

Anita Wagenaar is a lecturer in the Department of Accounting. She completed her articles
with Fisher Hoffman Sithole in Grahamstown and teaches the Legal Accounting elective to
LLB students.

Ms S Joseph BCom (Stell), LLB (Rhodes)

Email: [email protected]

Silke Joseph completed a BCom degree in Economics and Financial Management at

Stellenbosch University before going on to teach for a few years in South Korea and the
Sultanate of Oman. She completed her LLB at the end of 2018 at Rhodes. Silke was one
of the joint winners of the SALRC Pius Langa Essay competition in 2019. She worked as
a temporary lecturer in the Faculty in 2019.

In the first semester of 2020, Ms Joseph will take responsibility for a part of the
Commercial Law 1 course and provide augmentation support for students in Foundations
of Law.

Ms S Mguga BA Film and Media Production (UCT), LLB (UNISA)

Email: [email protected]

Sipesihle Mguga is an admitted attorney and will be teaching Foundations of Law in the
first semester.

Mr T K Moroeng BA LLB (Rhodes)

Email: [email protected]

Tsukudu Moroeng is a Teaching and Research Assistant and teaches Company Law A to
the Penultimate Year LLB students.

Adv J Carkeek BA LLB (Rhodes) MAS (Geneva Academy)

Email: [email protected]

James Carkeek is an admitted Advocate and will be lecturing Commercial Law 2 Special
Contracts.

Mr Siphuxolo Somandi LLB (NMU)

Email: [email protected]

Siphuxolo Somandi will be admitted as an attorney in March 2020 and will be teaching
Criminal Procedure A and Criminal Procedure B in the first semester.

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 ADMINISTRATIVE STAFF

1 FACULTY ADMINISTRATOR:

Manager: Administration– Mrs AA Comley

Email: [email protected]

Andrea Comley is the Manager: Administration for the Law Faculty and is responsible for
all the Faculty's administration and accounts. She manages the Administrative office of the
Faculty of Law, supporting the academic work of the Faculty. This includes ensuring the
provision of an administrative, secretarial and front-line service for the Faculty. She has a
National Diploma in Service Management (Regenesys Management Pty. Ltd).

2 SECRETARIAL STAFF:

Office Administrator – Mr C Gill BA (Rhodes)

Email: [email protected]

Chad is the Office Administrator, and provides a public relations and front line service to all
students, visitors, visiting lecturers & academic enquiries. He mainly supports the
Administration Manager of Law in providing administrative, secretarial and financial
services to the staff of the Law Faculty. He has a BA degree (Rhodes University), as well
as a Certificate in Office Administration (Rhodes University).

Secretary – Ms F Mwellie
Email: [email protected]

Fezeka is the Secretary at the Law Faculty. She is the first port of call for all student
enquiries and to receive visitors to the Faculty. She has a National Diploma in Secretarial
& Computer Skills (Damelin Management School), and a Certificate in Public Management
(East London Technical College).

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 LAW CLINIC
The Rhodes University Law Clinic is the laboratory of the Faculty and one of the leading
clinics in the country. The Clinic provides free legal services to indigent people while
playing a vital role in providing students with hands-on practical experience.

Apart from free legal services to indigent people, the Clinic also conducts an extensive
community outreach programme via its Advice Office Programme. The programme
provides training and on-site back-up legal services to approximately 40 paralegal advice
offices throughout the Eastern Cape Province. The Clinic further runs a community
education programme, involving provision of workshops, the production of pamphlets and
posters, the publication of articles in Grocott’s newspaper, and talk shows on Radio
Grahamstown, all on topical legal issues that impact on the Clinic’s clients.

The Clinic operates as an attorney's office, staffed by legal practitioners, support staff and
approximately 90 senior law students who work on a weekly basis in the Clinic under the
close watch of supervising attorneys. All LLB students are involved in the Clinic through
the compulsory Legal Practice service-learning course in their penultimate year of study.
This course focuses on practical legal skills development. Students are inducted into legal
practice by learning consultation and communication skills, file and case management,
drafting and advocacy skills. We believe that this experience contributes to our students'
marketability when they search for employment.

A letter confirming attendance is given to all students who work at the Clinic. There is also
a financial award which is presented to the most dedicated student at the Law Clinic.

In addition, the Law Clinic offers two volunteer programmes for isiXhosa-speaking Legal
Theory 2 students at reception (screening and interpreting for clients) and final year LLB
students (mentoring of penultimate LLBs in their work with clients). Vacation internships
are also offered to students who have completed the Legal Practice course (to do case
work) and to Legal Theory students to work at reception.

LAW CLINIC STAFF: 2020

Associate Professor Jonathan Campbell: BA LLB (UCT) LLM (Rhodes)

Director and Attorney

Mr Ryan McDonald: BA Hons (Stell), LLB (UCT)

Attorney

Mr Shaun Bergover: LLB (UKZN)

Attorney

Mr Ndumiso Khumalo: LLB (UniZulu)

Attorney

Ms Siziphiwe Yuse: LLB (UWC)

Attorney

Ms Amanda Mngomezulu BA LLB (Rhodes)

Candidate attorney

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Ms Siya Makunga: BA LLB (Rhodes)
Candidate attorney

Ms Nkuli Mnyani: LLB (UWC)

Candidate attorney

Mr Terwin de Vos: BA (Rhodes)

Clinic Administrator

Ms Zukiswa Gotyana
Senior Secretary

Ms Zikhona Nyikilana
Receptionist

Ms Hazel Dibela
Projects Assistant

Mrs Jeni Hughes: (TED pre-school Teaching Diploma)

Part-time bookkeeper

Ms Vuyokazi Ntamo
Cleaner

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 THE LAW LIBRARY
The Alastair Kerr Law Library is a branch library within the Rhodes University Library
Services and falls under the Faculty Liaison Services (Commerce & Law). The Principal
Faculty Librarian, Mrs Jill Otto, is based in the Main Library.

1 LAW LIBRARY STAFF

Faculty Librarian – Ms Sindiswa Gule: ND-LIS (PE Tech) B Tech LIS (UNISA) BHLIS-
Hons (UKZN)
Email: [email protected]
Tel: 046 603 7250

Faculty Librarian is responsible for the day-to-day management of the Alastair Kerr Law
Library. Special focus is placed on providing a number of services designed to optimally
meet the needs of the primary user group, usually students & staff of the Law Faculty: the
provision of high level subject information services; collection development and
management in support of teaching, learning and especially research in the Faculty; the
education of students and staff in the principles and techniques of effective information
retrieval; and the delivery of regular & ongoing liaison activities.

Library Assistant – Mr Andile Mncwabe: ND-LIS (DUT)

E-mail: [email protected]
Tel: 046 603 8434

As the Faculty Library Assistant, Andile is there to make life much easier by assisting
students, staff and community members with their queries. He is responsible for directing
users of the Law Library to the information they require, also assisting them in retrieving
the information they need on a daily basis, which could be physical or electronic
resources.

2 ALASTAIR KERR LAW LIBRARY

The Law Library is situated on the ground floor of the main building of Lincoln House. The
library collection comprises an extensive collection of South African legal sources, and
some foreign and international law materials.

A thirty-station computer laboratory provides access to the internet and major electronic
resources, as well as the library’s electronic catalogue and word processing programs.
Printers, photocopying and scanning facilities are available in the library.

The Library is equipped with numerous study cubicles. The PPS Wing of the Library is a
comfortable, quiet area, with individual study carrels as well as three group study areas.

3 RHODES MAIN LIBRARY

The Main Library is situated in the middle of campus and provides a comfortable study
area for all students. Copies of short loan material for law students are kept in this library
to ensure access after 20h00.

16
All first year students must attend an orientation course at the main library. Legal Theory
1 also needs to attend scheduled tutorial workshops at the Law Library, which forms part
of their compulsory course work.

4 FACILITIES

4.1 Computer Laboratory

Users must be registered library users. Access to the computer lab is restricted to law
students only, and LLB law students will get priority access during peak times. All general
rules apply in the computer lab.

4.2 Electronic resources

Catalogue for library material (OPAC) on the RU library webpage.

For online legal resources, see the Law Subject Guide at

http://ru.za.libguides.com/legalresources

4.3 Photocopiers, printers and scanners

Facilities are available for student use. Please note that money can only be loaded onto
student cards at the Main Library and Eden Grove. Restricted use during peak times is 5
minutes per person.

5 OPENING HOURS

5.1 During term

Monday to Thursday: 08h30-17h00 (library staff);

17h00-20h00(student assistant)

Friday: 08h30-17h00 (library staff)

Saturday: 10h00-13h00; 14h00-17h00 (student assistant)

Sundays & Public Holidays

(excl Easter weekend – closed): 10h00-13h00; 14h00-17h00

5.2 During swot week and exams

Monday to Thursday: 08h30-17h00 (library staff);

17h00-22h00 (student assistant)

Friday: 08h30-17h00 (library staff);

17h00-19h00 (student assistant)

Saturday: 10h00-13h00; 14h00-19h00 (student assistant)

Sundays & Public Holidays: 10h00-13h00; 14h00-20h00 (student assistant)

5.3 During vacations

Monday to Friday: 08h30-13h00; 14h00-17h00 (library staff)

Closed at weekends, Easter and University Christmas shutdown period
17
6 RULES & REGULATIONS

o All library users must be registered at the Main Library circulation desk.
o Student cards must be produced in order to borrow a book. Library staff may
request ID or other identification documents.
o Access to the Library is restricted to official opening hours, while a registered
library assistant is on duty.
o Bags and briefcases may not be taken into the study areas.
o Cell phones must be on silence before entering the library.
o No food and beverages are allowed in the library.
o No smoking is permitted in the library.
o LLB students will have priority access to computers in the computer lab at
peak times.
o The Law Faculty Administrative staff has priority access to the photocopiers.

7 HOW TO FIND MATERIAL

Library items are divided into specific categories or collections and shelved together.
Determine in which collection the item is held, and then locate the collection.

7.1 Short Loan Collection

Short loan is a reserved collection of books, journals and notes set aside by the lecturers,
and housed in the office behind the loans desk. This ensures that essential reading is
available to all students. The main texts are also kept on short loan in the Main Library.

Students should check the OPAC for the Call number and ask the Library Assistant to
fetch the item for you. Only two items may be taken at a time for one hour only. Students
may take Short Loan books out on overnight loan EXCEPT those students registered for
first year LLB/Legal Theory 1 and Commercial Law 1. Fines for late returns are R2.00 per
hour or part of an hour.

Anyone who owes an unpaid fine will not be able to make use of the Short Loan facilities.

Short Loan items can be reserved at the loans desk.

7.2 Book Collection

Books on law and related subjects are housed in the law library. The books are arranged
in disciplines/subjects according to the Dewey Classification System. All books from 1985
are catalogued according to author/title on the Rhodes OPAC System, which can be
accessed online. The student needs to search the OPAC to see if the book is available,
make a note of the Call (Dewey) number, and then locate it on the shelves.

Books on the open shelves may not be taken out by first year students. Other students
may take books out by prior arrangement with the librarian.

7.3 Periodical Collection

The library holds print copies of South African journals and some foreign journals. These
collections are separate and both arranged alphabetically.

Through the library, students have access to many electronic resources, including digital
journal repositories.

18
7.4 Collections of primary legal resources (legislation and law reports) and
reference works

The South African Law Reports (SALR, 4 sets in the Library) and All South Africa Law
Reports (All SA) are the most important law reports. Various other South African law
reports on specific legal areas are also published. The law reports can also be accessed
electronically through Jutastat, LexisNexis and on the SAFLII website.

The Law Library also houses English, American, Canadian and a few other international
sets of law reports. Legislation includes statutes and gazettes. Reference works include
encyclopaedias e.g. Law of South Africa (LAWSA) and legal dictionaries. Many of these
can also be accessed electronically.

For detailed information about the databases available (including databases for
periodicals, legislation and law reports), see http://ru.za.libguides.com/legalresources

19
 THE RHODES UNIVERSITY LAW SOCIETY
The Rhodes University Law Society or “Law Soc” is an elected body that caters for
students’ interests and needs, providing opportunities such as the annual Law Market Day
and organising social events. Representatives attend Faculty Board meetings, represent
the society’s members in committees, and provide an invaluable link between staff and
students. Socially, Law Soc is responsible for organising the Faculty’s Annual Ball, as well
as other social events.

The committee members for 2020 are:

President: Gisele Mans

Vice-President: Ishani Lala

Secretary: Kwanele Ngubane

Treasurer: Keegan Williamson

Public Relations Officer: Thabile Temba

Social Awareness Officer: Gift Baloyi

Moot Club Chair: Jasmine Sikhosana

In Camera Editors: Aleska Winetzki and Keorapetse Mohane

20
 THE BLACK LAWYERS’ ASSOCIATION
(RU STUDENT CHAPTER)

The Black Lawyers Association is a Student Chapter of the Association that was
established at Rhodes in 2015. The Society aims to break away from the conventional and
organises academic events such as “Conversations with…”, an annual students’
colloquium which exposes students to relevant topics in the legal world, as well as the
“Breaking away from the mould”, a forum which introduces students to how the LLB
degree can be beneficial outside of the conventional legal practice career paths. The BLA
aims to curate events which will allow its members to be given networking opportunities
which are not easily accessible elsewhere, therefore setting them apart from the mould.

The committee members for 2020 are:

Chairperson: Tonthozo Saukila

Deputy Chairperson: Vuyani Ndzishe

Secretary-General:

Deputy Secretary: Vanessa Bhala

Treasurer: Thabo Motaung

Public Relations and Media Officer:

Spokesperson:

Community Engagement Officer: Relebohile Mokotedi

Projects Manager: Sibabalwe Stemele

21
 THE LEGAL ACTIVISM (NTUTHUKO) SOCIETY
The Constitution of the Republic of South Africa, 1996, has revolutionised South Africa.
However, its aspirations ring hollow while people remain uninformed of their rights and are
unable to seize what the Constitution pledges. The Eastern Cape is a particularly
impoverished province in which many people are uneducated about the law.
Grahamstown is no exception, and many people fall prey to illegal schemes or are simply
unaware of the many benefits and protections that the law provides them.

In response to these realities, Rhodes Legal Activism Society was established as a

student society and began operating in March of 2007 with funding from membership fees,
the Law Faculty and Norton Rose Fulbright (Deneys Reitz, as it was then known). The
society aims to create an awareness of the law and its implications in the community; to
educate the members of the community about their legal rights and responsibilities and
undertakes to determine the major legal problems in the community, the causes thereof
and seeks to find solutions to these problems. Its vision is to achieve these goals by
working with members of the Grahamstown East Community who are better situated to
identify the existing problems in the community and to facilitate communication between
members of Ntuthuko and the community it serves.

The society is currently running workshops on the following areas of law: Environmental
Law, Labour Law, Rape & Domestic Violence, HIV & AIDS, Wills & Estates, Microlending
and Constitutional Law.

The committee members for 2020 are:

Chairperson: Washington Mutaringe

Deputy Chairperson: Vuyo Mxhonywa

Secretary: Marang Montwedi

Community engagement officer: Precious Mfeka

Projects Manager: Sacrée Kabeya

Treasurer: Awongwa Gcelu

22
 SECTION C: ACADEMIC PROGRAMMES
The Faculty offers three degrees, namely the LLB, LLM and PhD degrees.

The LLB can accessed at different points, each with its own entrance requirements.
Students may be admitted to enter the LLB upon entering the university (LLB1, over four
years), after the completion of a first year in which the student achieved academically in
Legal Theory and other subjects (LLB2, over four years), or on completion of a first degree
with a Legal Theory major. The Faculty encourages students to broaden their education
by following a five-year (‘three plus two’) route to obtaining the LLB degree. This means
that the student obtains two degrees: either a BA, BSocSci, BCom or BSc degree, and
thereafter an LLB degree. All LLB students exit with the same qualification. Students who
do law as part of a degree offered in another faculty will do either Legal Theory or
Commercial Law.

Legal Theory is a major subject in the Faculties of Humanities, Commerce and Science. A
student who passes all its component parts of the Legal Theory will be able to complete
the LLB degree in two years thereafter with exemption granted for law courses passed as
part of the Legal Theory major.

Commercial Law is designed specifically for commerce students and the courses are not
recognised for purposes of the LLB degree. All commerce students must obtain a course
pass (CR) or an ACR (aggregated course pass) in Commercial Law 1, and Commercial
Law is also offered at the second-year level for students who have a course pass (CR) or
an ACR (aggregated course pass) for Commercial Law 1. Commercial Law 1 is also an
optional course in the Bachelor of Social Science degree.

POSTGRADUATE STUDIES: LLM AND PhD

Postgraduate studies in law will suit candidates who are interested in pursuing a career in
academia, or candidates who wish to gain specialist knowledge in a particular field of law
to provide them with a competitive advantage in the labour market.

The Faculty offers the degrees of Master of Laws (LLM) and Doctor of Philosophy by full
thesis only, on a full-time or part-time basis. The registration for the LLM normally
extends over a period of two years, and part-time registration at least over two years. The
minimum period of registration for a PhD is three years. Some candidates are able to
complete their research in shorter periods, in which event they can apply to have the
thesis accepted prior to the normal submission date.

Note that the Faculty does not offer any postgraduate coursework programmes at present.

The General Rules applicable to Masters and PhD students can be found in the
University’s calendar (Rules G.50ff) at the following link:

https://www.ru.ac.za/media/rhodesuniversity/content/registrar/documents/calendar/Genera
l_Rules.pdf

Prospective postgraduate students are encouraged to read through the university’s higher
degrees guide prior to application and registration:
https://www.ru.ac.za/media/rhodesuniversity/content/postgraduategateway/documents/HD
G_Guide_2019.pdf
23
Particulars about postgraduate studies in law can be found at
https://www.ru.ac.za/law/studying/postgraduates/

Enquiries about the postgraduate studies in law may be addressed to Prof Rosaan Krüger
(Dean of Law), or Prof Laurence Juma (PostGrad Studies Coordinator and Deputy Dean).

24
 UNDERGRADUATE STUDIES: LLB
The LLB degree is the minimum academic qualification for practising law in South Africa.

Admission to the legal profession is subject to compliance with the requirements set out in
section 24 of the Legal Practice Act 28 of 2014. Prospective applicants are referred to
the Act and must familiarise itself with all the requirements provided therein. Specific
attention is drawn to section 24(1)(b) of the Act, which provides that the High Court may
only admit a person to practice and authorise them to be enrolled as a legal
practitioner, conveyancer or notary if the person is either a South African citizen or
permanent resident in the Republic.

The LLB degree offered at Rhodes University is fully accredited and meet the National
LLB qualification standards. All students who graduate with an LLB degree from Rhodes
University obtain the same qualification.

A unique feature of the LLB degree offered at Rhodes University is the different routes to
the degree that we have in place:
(1) Admission of candidates straight from school meeting the requirements in L.3.1 (as
LLB 1 students)
(2) Admission after the first year of study where candidates have been registered for a
bachelor’s degree in Humanities, Science or Commerce with Legal Theory as one
of their first year subjects, who meet the requirements in L3.2b (as LLB 2 students)
(3) Admission of candidates after the completion of a bachelor’s degree with sufficient
law courses in accordance with the requirements in L3.4 (as LLB penultimate year
students)
(4) Admission of candidates after the completion of a bachelor’s degree without any or
sufficient law courses in accordance with the requirements in L3.3 (as LLB
preliminary/ LLB 2 students).

For ease of reference those requirements are set out below, commencing with the
recommend route referred to in (3) above, followed by the other available options:

The Faculty’s resources are limited and students’ academic results are
determinative when applications for admission into the LLB are considered. Entry
into the LLB at any of the points is not guaranteed, and is dependent on academic
results and resource availability.

1 OPTION (3): A five-year combined Law and Humanities OR Law and

Commerce OR Law and Science LLB stream (RECOMMENDED)

Students enter this stream with the intention of following a course of study in Law and
Humanities OR Law and Commerce OR Law and Science, leading to a BA/BSocSci or
BCom or BSc and thereafter a two-year LLB. The objective of the broad-based education
is achieved in this stream by including courses which ensure that students have a
thorough grasp of at least one discipline outside Law. Students register for a BA, BSocSci,
BCom, or BSc in their first year of study and continue with that degree with Legal Theory
as a major subject.

Having obtained the first degree, students apply for admission to the LLB degree
programme, to be completed over two years. To complete the degree over two years, one
must have obtained sufficient law credits in the first degree, which is usually the case if
one has majored in Legal Theory.

25
Rule L3.4 stipulates as follows: normally, candidates who obtained at least 60% in their
Legal Theory major will be admitted to the LLB, depending on resources. Academically
deserving candidates who hold degrees from other universities may apply for admission to
this programme by applying to the university for admission and by indicating the LLB as
preference. The Dean of Law has the discretion to admit internal and external candidates
who do not meet the academic requirements, on good cause shown, and subject to
availability of Faculty resources.

Preference will be given to those candidates who obtained their first degree at Rhodes
University, majoring in Legal Theory. Admission to the LLB following this route is
restricted in terms of numbers, and candidates who meet the admission requirements are
not necessarily assured of a place. Students are encouraged to apply early for admission.

2 OPTION 1: The four-year LLB stream after the NSC

Candidates who do not hold a degree may apply for admission to the four-year LLB at two
points (1) and (2):

Option (1) is available to candidates who wish to pursue the LLB after their successful
completion of the NSC or its equivalent, without holding a degree. Rule L3.1 provides that
that students may be admitted to this stream provided that they obtain a Bachelor’s Pass
status or its equivalent in the NSC with, normally an APS of 45 points across six subjects.
For admission to this stream, candidates must obtain at least 60% for English Home
Language or 70% for English First Additional Language, and 50% for Mathematics or 60%
for Mathematics Literacy in the NSC. Students wishing to pursue Economics as one of
their non-law courses, must obtain 50% in Mathematics in the NSC.

It is important to bear in mind that the number of places to pursue this route to the LLB is
limited. Motivations accompanying the applications will be used to differentiate between
applicants of equal academic standing, and preference will be given to black South African
and disabled applicants who meet the admission requirements. Admission to the LLB
following this route is restricted in terms of numbers, and candidates who meet the
admission requirements are not necessarily assured of a place. Students are encouraged
to apply early for admission.

3 OPTION 2: The four-year LLB stream after first year of another degree

Candidates who do not hold a degree may apply for admission to the four-year LLB at two
points (1) and (2):

Option (2) above is available to students who do not meet the requirements set out for
option (1), or who were not admitted under (1) due to resource constraints, and, further to
those students who realise after their first year at university that they only wish to pursue
the LLB and nothing else.

The admission requirements are set out in L3.2b. This rule permits admission to the LLB
after the first year of study (for either BA, BCom or BSc) in which the student took Legal
Theory as one of their courses, provided that they have passed both Foundations of Law
and Introduction to Law with an average of 65% and obtained an overall average of 65%
for their three non-law courses studied in that year.

As with the other options, admission into this route is restricted and subject to availability
of places.

26
4 OPTION 4: A three-year LLB for graduate students

Students enter this stream after having completed a Bachelor’s degree without law
subjects, or with insufficient law courses passed to complete the degree over two years.
They may be admitted to the second year of study for the LLB degree, provided that they
obtained 60% for their major subjects, and subject to the availability of resources. Where a
candidate has not met this requirement, the Dean of Law has the discretion to admit that
person, on good cause shown and subject to availability of Faculty resources.

EXAMPLES OF SOME CURRICULA

1 THE FIVE-YEAR STREAM (RECOMMENDED)
(BA, B Com, BSc, etc, with a major in Legal Theory (3 years) to be followed by
a 2-year LLB)
This curriculum exempts one from the first two years of the LLB degree. The LLB
curriculum following this degree will therefore be the same as that for the Penultimate and
Final years of the LLB curriculum.

1.1 The curriculum in the first degree (BA, BCom, BSc, etc):

FIRST YEAR SECOND YEAR THIRD YEAR

Any three non-law One non-law course at second- One non-law course at third-
courses year level; year level
Two non-law courses at first-
year level or second-year level.

Legal Theory 1, Legal Theory 2, consisting of: Legal Theory 3, consisting of:
consisting of:
First Semester: First Semester:
First Semester: Legal Interpretation Law of Contract A
Foundations of Law Constitutional Law A Law of Property A
Law of Life Partnerships

Second Semester: Second Semester: Second Semester:

Introduction to Law Constitutional Law B Law of Contract B
Law of Persons Legal Pluralism
Law of Property B

1.2 The curriculum in the second degree (LLB):

PENULTIMATE YEAR FINAL YEAR

First Semester: First Semester:

Civil Procedure A Administrative Law (first half)

Company Law A Civil Procedure B
Criminal Law A Criminal Procedure B
Criminal Procedure A Labour Law
Jurisprudence Law of Delict (first half)
Law of Sale and Lease 2 Electives from the first semester list
Legal Skills (subject to note 3 below)
Legal Practice (either 1st or 2nd sem.)

Second Semester: Second Semester:

Company Law B Administrative Law (second half)

Criminal Law B Ethics and Professional Responsibility

27
 Law of Agency, Insurance and Credit Law of Evidence B
Agreements Law of Delict (second half)
Law of Evidence A Law of Succession and Administration of Estates
Law of Partnerships and Trusts 2 Electives from the second semester list
Public International Law (subject to note 3 below)
Legal Practice (either 1st or 2nd sem.)
1 Elective from the 2nd semester list
(subject to note 2 below)

1.3 List of electives that could be taken in the Final Year of Study:

First Semester Second Semester Both

Semesters

Alternative Dispute Resolution Competition Law Research Paper

Copyright and Trade Marks Constitutional Litigation (two semester
International Trade Law Introduction to Conveyancing credits)
Law of Banking and Payments IsiXhosa for Law
Legal Accounting Law of Tax and Estate Planning International
International Human Rights and Environmental Law Moot
Humanitarian Law Competition
Not on offer in 2020: (one semester
The Law of Obligations in a credit)
Global Context
Law of Patents, Designs and
Geographical Indications

Notes:

1. All electives will not necessarily be offered every year. The availability of options will
depend upon teaching arrangements in the Faculty of Law. For the same reason
electives may be taught in different semesters. Some electives have a restricted
number of students.

2. Penultimate LLB students who have either:

(i) achieved an average of at least 65% in their June examinations; or
(ii) passed eight courses in their June examinations
may register for an elective course in the second semester of the penultimate year.

3. Students who have been placed on the Dean’s list in their penultimate year of study
may choose to register for three electives in one semester and one elective in the
other semester (rather than the usual two electives in each semester).

28
2 THE FOUR-YEAR LLB STREAM AFTER NSC

FIRST YEAR SECOND YEAR PENULTIMATE YEAR FINAL YEAR

Three non-law One non-law course at

courses second-year level

First Semester First Semester First Semester First Semester

Foundations of Constitutional Law A Civil Procedure A Administrative Law (first

Law Legal Interpretation Company Law A half)
Law of Contract A Criminal Law A Civil Procedure B
Skills support tutorial Law of Property A Criminal Procedure A Criminal Procedure B
Law of Life Partnerships Jurisprudence Labour Law
Law of Sale and Lease Law of Delict (first half)
Legal Skills
Legal Practice 2 Electives from the first
(either 1st or 2nd sem.) semester list
(subject to note 3 above)

Second Semester Second Semester Second Semester Second Semester

Introduction to Law Constitutional Law B Company Law B Administrative Law

Law of Persons Law of Contract B Criminal Law B (second half)
Law of Property B Law of Agency, Insurance Ethics and Professional
Skills support tutorial Legal Pluralism & Credit Agreements Responsibility
Law of Evidence A Law of Evidence B
Writing support course Law of Partnerships and Law of Delict (second half)
Trusts Law of Succession and
Public International Law Administration of Estates
Legal Practice 2 Electives from the
(either 1st or 2nd sem.) second semester list
1 Elective from the 2nd (subject to note 3 above)
semester list
(subject to note 2 above)

29
3 THE FOUR-YEAR LLB STREAM AFTER FIRST YEAR BA/B Com/ BSc

FIRST YEAR
SECOND YEAR PENULTIMATE YEAR FINAL YEAR
BA/B Com/BSc
Three non-law One non-law course at
courses second-year level

First Semester First Semester First Semester First Semester

Foundations of Constitutional Law A Civil Procedure A Administrative Law (first

Law Legal Interpretation Company Law A half)
Law of Contract A Criminal Law A Civil Procedure B
Law of Property A Criminal Procedure A Criminal Procedure B
Law of Life Partnerships Jurisprudence Labour Law
Law of Sale and Lease Law of Delict (first half)
Legal Skills
Legal Practice 2 Electives from the first
(either 1st or 2nd sem.) semester list
(subject to note 3 above)

Second Semester Second Semester Second Semester Second Semester

Introduction to Law Constitutional Law B Company Law B Administrative Law

Law of Contract B Criminal Law B (second half)
Law of Persons Law of Agency, Insurance Ethics and Professional
Law of Property B & Credit Agreements Responsibility
Legal Pluralism Law of Evidence A Law of Evidence B
Law of Partnerships and Law of Delict(second half)
Trusts Law of Succession and
Public International Law Administration of Estates
Legal Practice 2 Electives from the
(either 1st or 2nd sem.) second semester list
1 Elective from the 2nd (subject to note 3 above)
semester list
(subject to note 2 above)

30
3 THE THREE-YEAR LLB STREAM
(For graduate students, following a degree with no or insufficient law
courses)

This route is for students who have a degree but either have no law courses at all, or
insufficient law courses to qualify for the two-year option.

FIRST YEAR PENULTIMATE YEAR FINAL YEAR

First Semester First Semester: First Semester:

Foundations of Law Civil Procedure A Administrative Law (first half)

Constitutional Law A Company Law A Civil Procedure B
Legal Interpretation Criminal Law A Criminal Procedure B
Law of Contract A Criminal Procedure A Labour Law
Law of Life Partnerships Jurisprudence Law of Delict (first half)
Law of Property A Law of Sale and Lease
Legal Skills 2 Electives from the first semester
Legal Practice list
(either 1st or 2nd sem.) (subject to note 3 above)

Second Semester Second Semester: Second Semester:

Introduction to Law Company Law B Administrative Law (second half)

Constitutional Law B Criminal Law B Ethics and Professional
Law of Contract B Public International Law Responsibility
Law of Persons Law of Agency, Insurance and Law of Evidence B
Law of Property B Credit Agreements Law of Delict (second half)
Legal Pluralism Law of Evidence A Law of Succession and
Law of Partnerships and Trusts Administration of Estates
Legal Practice
(either 1st or 2nd sem.) 2 Electives from the second
1 Elective from the 2nd semester list
semester list (subject to note 3 above)
(subject to note 2 above)

Details of the degree structure, the requirements for the LLB degree and the content of the
various courses can be found in the Faculty of Law section of the University Calendar.
This information is also available on the Faculty website:
https://www.ru.ac.za/media/rhodesuniversity/content/registrar/documents/secretariat/governan
ce/2020_RU_Calendar.pdf

31
 LEGAL THEORY
1 COURSE CO-ORDINATORS

Where a course has more than one lecturer, a course co-ordinator is appointed to oversee
and administer the course. While you should still approach the lecturers for specific issues
arising from their lectures, you should approach the course co-ordinator in respect of
administrative matters, issues that concern the structure of the course as a whole, or with
any issue that you cannot take to the lecturer. If you do not obtain satisfaction from the
course co-ordinator, then please see the Dean or Deputy Dean.

The course co-ordinators for 2020 are:

Legal Theory 1: Mrs L Davies

Legal Theory 2: Mr P Jabavu
Legal Theory 3: Prof G Glover

2 LEGAL THEORY 1

Legal Theory 1 consists of Foundations of Law and Introduction to Law.

2.1 Entry level

Other than having been admitted to university, there are no special requirements for entry
into Foundations of Law.

A prerequisite for entry into Introduction to Law is either (i) a pass mark for Foundations of
Law (50% or more) or (ii) a valid DP certificate and a mark of at least 35% for Foundations
of Law.

2.2 Credits

Legal Theory 1 counts 30 NQF credits towards BA, BCom, B SocSci, BJourn and BSc
degrees.

Foundations of Law and Introduction to Law are separate courses and a pass in either
gives a student 15 NQF credits towards a degree. A pass in either course is not contingent
upon passing the other. In order to qualify for admission to LLB at second-year level one
must obtain an aggregated mark of at least 65% and obtained an aggregate result of 65%
for his/her non-law courses. To proceed to Legal Theory 2 one must have passed both
courses, or have obtained an aggregated course pass (ACR) for Legal 1.

A student will pass Legal Theory 1 according to the following rules:

 An unqualified course pass (CR) will be given if a candidate has passed both
Foundations of Law and Introduction to Law irrespective of the year or examination
in which they were passed.
 An aggregated course pass (ACR) will be given if the candidate has an aggregated
mark of at least 50% for Foundations of Law and Introduction to Law (i.e. 100 or
more out of 200), provided that the candidate has obtained at least 30% in the
course failed.
 A non-continuing course pass (NCR) will be given if the candidate has an
aggregated mark of at least 50% for Foundations of Law and Introduction to Law (i.e.
32
 100 or more out of 200), provided that the candidate has sat the examination for the
course failed with a mark of 29% or less.
 Normally aggregation may take place only in respect of examinations written in the
same academic year. (Note: for this purpose, a supplementary or aegrotat
examination in January/February of the following calendar year counts as an
examination in the previous year.) Aggregation across years is only allowed in
exceptional circumstances, for example, for purposes of graduation.
 After the completion of the November examinations, the Dean of Law may
recommend to the Deans of Humanities, Commerce and Science that a student with
an overall aggregation average of 49% be raised to 50% to enable the student to
pass with an ACR or to qualify for a supplementary examination in terms of
paragraph 2.4 below. Overall aggregation averages below 49% (i.e. less than 98 out
of 200) will NOT be rounded up to 50% for this purpose.

For recognition of courses that form part of Legal Theory 1 for purposes of the LLB,
students must each component course independently.

2.3 Rewrite examinations

Students in Foundations of Law may be granted rewrite examinations, to be written in

January/February, provided that they obtain at least 35% in their first examination in June.

The mark obtained in the rewrite examination is recorded as the final mark for aggregation
purposes if the student’s aggregate result improves (i.e. F to NCR/ACR/CR, NCR to
ACR/CR, or ACR to CR) or stays the same, and the second aggregate result will then
apply. Conversely, the mark obtained in the first examination is recorded as the final mark
for aggregation purposes if the student’s aggregate result is worse after the supplementary
examination (i.e. ACR to NCR/F, or NCR to F), and the original aggregate result will stand.

Students who have passed Legal Theory 1 and who achieve a result of 40% or more for a
component semester course failed may rewrite the course failed, either in
January/February or during a subsequent examination session in order to pass the course
for LLB purposes, provided that no special examination will be set for this purpose. This is
provided for in by Rule G.20.1.4. Only students in registered for Legal Theory 2 and 3 may
write exams in terms of this rule and must register for the component course in terms of
this rule at the beginning of the academic year in which they intend to write the
examination for the course. The coursework component will not be included in calculating
the final result for purposes of this rule.

2.4 Supplementary examinations

Students in Introduction to Law may be granted supplementary examinations, to be written

in January/February of the subsequent calendar year, provided that they obtain at least
40% in their first examination, and provided that they otherwise qualify for a
supplementary examination in the Faculty in which they have been registered. The Law
Faculty will also recommend that a supplementary examination be granted to students
who obtain a mark of below 40% in a component course, provided that their aggregate
mark for Legal Theory 1 is 50% or above.

The mark obtained in the supplementary examination is recorded as the final mark for
aggregation purposes if the student’s aggregate result improves (i.e. F to NCR/ACR/CR,
NCR to ACR/CR, or ACR to CR) or stays the same, and the second aggregate result will
then apply. Conversely, the mark obtained in the first examination is recorded as the final
mark for aggregation purposes if the student’s aggregate result is worse after the

33
supplementary examination (i.e. ACR to NCR/F, or NCR to F), and the original aggregate
result will stand.

3 LEGAL THEORY 2

Legal Theory 2 consists of Legal Interpretation, Constitutional Law A, Constitutional Law B

and Law of Persons.

3.1 Entry level

The standard entry level for this course is Theory 1, i.e. an unqualified course pass (CR)
or aggregated course pass (ACR).

A student who passes Commercial Law 1 with at least 60% may be admitted to Legal
Theory 2 provided that the student registers concurrently for Foundations of Law and
passes Foundations of Law. In these circumstances a student will be exempted from
passing Introduction to Law for LLB degree purposes

Some exposure to Constitutional Law is a prerequisite for entry into Constitutional Law B:
accordingly, the prerequisite for entry into Constitutional Law B is normally either a course
pass or a valid DP certificate for Constitutional Law A.

3.2 Credits

Legal Theory 2 counts 40 NQF credits towards BA, BCom, B SocSci, BJourn and BSc
degrees.

Legal Interpretation, Constitutional Law A, Constitutional Law B and Law of Persons are
separate courses that count towards the Legal Theory 2 result. Each component course
furthermore constitutes a separate LLB course.

In the Commerce Faculty an NCR in Commercial Law 1 may be given if a student has
passed both Legal Theory 1 and Legal Theory 2 (Rule C.6). This rule does not apply to
students registered in the Faculty of Humanities.

A student will pass Legal Theory 2 according to the following rules:

 An unqualified course pass (CR) will be given if a candidate has passed all the
courses, irrespective of the year or examination in which they were passed.
 An aggregated course pass (ACR) will be given if the candidate has an aggregated
mark of at least 50% for all the component courses (i.e. 200 or more out of 400),
provided that the candidate has obtained at least 30% in the course or courses
failed.
 A non-continuing course pass (NCR) will be given if the candidate has an
aggregated mark of at least 50% for all the component courses (i.e. 200 or more out
of 400), provided that the candidate has sat the examination(s) for the course(s)
failed with 29% of less.
 Normally aggregation may take place only in respect of examinations written in the
same academic year. (Note: for this purpose a supplementary or aegrotat
examination in January/February of the following calendar year counts as an
examination in the previous year.)
 A non-continuing course pass (NCR) may be given to candidates who aggregate
across years for degree purposes.

34
 After the completion of the November examinations, the Dean of Law may
recommend to the Deans of Humanities, Commerce and Science that a student with
an overall aggregation average of 49% be raised to 50% to enable the student to
pass with an ACR or to qualify for a supplementary examination in terms of
paragraph 3.3 below. Overall aggregation averages below 49% (i.e. less than 196
out of 400) will NOT be rounded up to 50% for this purpose.

For recognition of the component courses that form part of Legal Theory 2 for purposes of
the LLB, students must pass each component course independently.

3.3 Supplementary examinations

Students who fail courses comprising Legal Theory 2 may be granted supplementary
examinations, to be written in January/February of the subsequent calendar year, provided
that they obtain a mark of at least 40% for such courses, and provided further that they
otherwise qualify for a supplementary examination in the Faculty in which they have been
registered. The Law Faculty will also recommend that a supplementary examination be
granted to students who obtain a mark of below 40% in a component course, provided that
their aggregate mark for Legal Theory 2 is 50% or above.

The mark obtained in the second (supplementary) examination is recorded as the final
mark for aggregation purposes if the student’s aggregate result improves (i.e. F to
NCR/ACR/CR, NCR to ACR/CR, or ACR to CR) or stays the same, and the second
aggregate result will then apply. Conversely, the mark obtained in the first examination is
recorded as the final mark for aggregation purposes if the student’s aggregate result is
worse after the supplementary examination (i.e. ACR to NCR/F, or NCR to F), and the
original aggregate result will stand.

3.4 Rewrite examinations

Students who have passed Legal Theory 2 and who achieve a result of 40% or more for
the component semester course(s) failed may rewrite the course(s) failed, either in
January/February of the next year or during a subsequent examination session in order to
pass the course for LLB purposes, provided that no special examination will be set for this
purpose. This is provided for in by Rule G.20.1.4. Only students in registered for Legal
Theory 3 or for a qualification in another faculty may write exams in terms of this rule.
Students must register for the component course in terms of this rule at the beginning of
the academic year in which they intend to write the examination for the course. The
coursework component will not be included in calculating the final result.

35
4 LEGAL THEORY 3

Legal Theory 3 consists of Law of Life Partnerships, Law of Property A, Law of Property B,
Law of Contract A, Law of Contract B and Legal Pluralism.

4.1 Entry level

The entry level for this course is Theory 2, i.e. an unqualified course pass (CR) or
aggregated course pass (ACR).

4.2 Credits

Legal Theory 3 counts as 60 NQF credits towards BA, BCom, BSoc Sci, BJourn and BSc
degrees.

Law of Life Partnerships, Law of Property A, Law of Property B, Law of Contract A, Law of
Contract B and Legal Pluralism are separate courses that count towards the Legal Theory
3 result. Each component course constitutes a separate LLB course.

A prerequisite for entry into Law of Life Partnerships is normally either a pass or a valid DP
certificate for the Law of Persons.

A prerequisite for entry into Law of Property B is normally either a pass or a valid DP
certificate for the Law of Property A.

A prerequisite for entry into Law of Contract B is normally either a pass or a valid DP
certificate for the Law of Contract A.

A student will pass for Legal Theory 3 according to the following rules:

 An unqualified course pass (CR) will be given if a candidate has passed all the
component courses, irrespective of the year or examination in which they were
passed.
 An aggregated course pass (ACR) will be given if the candidate has an aggregated
mark of at least 50% for all the component courses (i.e. 300 or more out of 600),
provided that the candidate has obtained at least 30% in the course or courses failed.
 Normally aggregation may take place only in respect of examinations written in the
same academic year. (Note: for this purpose, a supplementary or aegrotat
examination in January/February of the following calendar year counts as an
examination in the previous year.)
 Aggregation across years will only be permitted for degree purposes.
 After the completion of the November examinations, the Dean of Law may recommend
to the Deans of Humanities, Commerce and Science that a student with an overall
aggregation average of 49% be raised to 50% to enable the student to pass with an
ACR or to qualify for a supplementary examination in terms of paragraph 4.3 below.
Overall aggregation averages below 49% (i.e. less than 294 out of 600) will NOT be
rounded up to 50% for this purpose.

For recognition of the component courses that form part of Legal Theory 3 for purposes of
the LLB, students must pass each component course independently.

36
4.3 Supplementary examinations

Students who fail component courses comprising Legal Theory 3 may be granted
supplementary examinations, to be written in January/February of the subsequent
calendar year, provided that they obtain a mark of at least 40% for such courses, and
provided further that they otherwise qualify for a supplementary examination in the Faculty
in which they have been registered. The Law Faculty will also recommend that a
supplementary examination be granted to students who obtain a mark of below 40% in a
component course, provided that their aggregate mark for Legal Theory 3 is 50% or
above.

The mark obtained in the second (supplementary) examination is recorded as the final
mark for aggregation purposes if the student’s aggregate result improves (i.e. F to ACR, F
to CR, or ACR to CR) or stays the same, and the second aggregate result will then apply.
Conversely, the mark obtained in the first examination is recorded as the final mark for
aggregation purposes if the student’s aggregate result is worse after the supplementary
examination (i.e. ACR to F), and the original aggregate result will stand.

4.4 Rewrite examinations

There are no rewrite examinations for Legal Theory 3 component courses for LLB
purposes. Students who have gained entry into the LLB but who carry Legal Theory
component course(s), must register for the course(s) they had previously failed and may
apply for an extended DP in terms of the rules set out in this Handbook. Such registration
remains subject to the ordinary rules governing the LLB. Students not registered for the
LLB who wish to improve their performance incompetent courses of Legal Theory 3 for
which they have previously been registered, may do so in terms of Rule G.20.1.4 provided
that they meet the requirements stipulated in that rule.

COMMERCIAL LAW
1 COURSE CO-ORDINATORS

Where a course has more than one lecturer, a course co-ordinator is appointed to oversee
and administer the course. While you should still approach the lecturers for specific issues
arising from their lectures, you should approach the course co-ordinator in respect of
administrative matters, issues that concern the structure of the course as whole, or with
any issue that you cannot take to the lecturer. If you do not obtain a satisfactory resolution
of your query from the course co-ordinator, then please see the Dean or Deputy Dean.

The course co-ordinators for 2020 are:

Commercial Law 101 & 102: Prof H van Coller

Commercial Law 201 & 202 Ms N Mashinini

37
2 COMMERCIAL LAW 1

Commercial Law 1 consists of two 15 NQF credit courses, COL 101 and COL 102.

COL 101 Introduction to law; the law of contract, including special contracts; the
administration of deceased estates; the law of insolvency.
COL 102 Introduction to business entities; company law; corporate governance; black
economic empowerment.

2.1 Entry Level

Other than having been admitted to university, there are no special requirements for entry
into COL 101.

A prerequisite for entry into COL 102 is a pass or a mark of above 35% for COL 101.

2.2 Credits

A pass in Commercial Law 1 counts as 30 NQF towards BCom, BSocSci and BSc
degrees.

COL 101 and COL 102 are separate courses and a pass in either gives a student 15 NQF
credits towards a degree. A pass in either course is not contingent upon passing the other.
However, one must pass both courses, or obtain an aggregate course pass (ACR) for
Commercial Law 1, in order to proceed to Commercial Law 2.

A student who passes Commercial Law 1 with at least 60% may be admitted to Legal
Theory 2 provided that the student registers concurrently for Foundations of Law and
obtains a credit in Foundations of Law. In these circumstances a student will be exempted
from registering for and passing Introduction to Law in the LLB degree.

A student will pass for Commercial Law 1 according to the following rules:

 A course pass (CR) will be given if a candidate has passed both courses irrespective
of the year or examination in which they were passed.
 An aggregated course pass (ACR) will be given if the candidate has an aggregated
mark of at least 50% for both courses and has obtained at least 45% in the course
failed.
 A non-continuing course pass (NCR) will be given if the candidate has an
aggregated mark of at least 50% for both courses and has obtained between 40%
and 44% in the course failed.
 Aggregation for students registered in the Faculty of Commerce may take place only
in respect of examinations written in the same academic year. This normally also
applies in respect of Commercial Law 1 students registered in the Humanities
Faculty. (Note: for this purpose, a supplementary or aegrotat examination in
January/February of the following calendar year counts as an examination in the
previous year.)
 In the Faculty of Commerce an NCR may be given for Commercial Law 1 if a student
has passed both Legal Theory 1 and Legal Theory 2. (Rule C.6). This rule does not
apply to students registered in the Faculty of Humanities.
 After the completion of the November examinations, the Dean of Law may
recommend to the Deans of Humanities, Commerce and Science that a student with
an overall aggregation average of 49% be raised to 50% to enable the student to

38
 pass with an ACR or NCR. Overall aggregation averages below 49% (i.e. less than
98 out of 200) will NOT be rounded up to 50% for this purpose.

2.3 Rewrite and Supplementary Examinations

Students in COL 101 may rewrite the subject in November, provided that they obtain at
least 35% in the June examination. No further supplementary examinations will be written
in January/February.

The mark obtained in the second (rewrite) examination is recorded as the final mark for
aggregation purposes if the student’s aggregate result improves (i.e. F to NCR/ACR/CR,
NCR to ACR/CR, or ACR to CR) or stays the same, and the second aggregate result will
then apply. Conversely, the mark obtained in the first examination is recorded as the final
mark for aggregation purposes if the student’s aggregate result is worse after the
supplementary examination (i.e. ACR to NCR/F, or NCR to F), and the original aggregate
result will stand.

Students in COL 102 may be granted a January/February supplementary examination,

provided that they obtain at least 40% in the November examination, and provided that
they otherwise qualify for a supplementary examination in the Faculty in which they have
been registered. In such instances, the original aggregate will stand, even if the result
achieved in the supplementary examination is worse than that achieved in the original
examination, and would ordinarily cause the candidate to fail on aggregate.

A supplementary examination will also be granted to students who obtain a mark of below
40% in a component course, provided that their aggregate mark for Commercial Law 1 is
50% or above.

Students who have obtained an NCR may rewrite the subject at a subsequent examination
session in order to obtain a continuing credit, provided that no special examination will be
set for this purpose. In such an instance, the initial NCR result would not be placed in
jeopardy.

3 COMMERCIAL LAW 2

Commercial Law 2 consists of two semester courses. Each semester course has two
examination papers which added together, counts 15 NQF credits.

Commercial Law 201 consists of:

Paper 1: Special contract: sale, lease, carriage and insurance.

Paper 2: Labour law, real and personal security, banking and payment methods.

Commercial Law 202 consists of:

Paper 1: Intellectual property law and franchising, credit agreements and consumer
protection, commercial crimes.
Paper 2: Competition law, business ethics, alternative dispute resolution

3.1 Entry level

The entry level for COL 201 and/or COL 202 is a continuing pass in Commercial Law 1
(i.e. a course pass or an aggregated course pass (ACR)).

39
3.2 Credits

A pass in Commercial Law 201 and/or Commercial Law 202 counts respectively as 15
and/or 30 NQF credits towards the BCom, B SocSci and B Sc degrees.

COL 201 and COL 202 are separate courses each of which gives a student a 15
NQFcredits towards a degree.

A student will pass Commercial Law 2 according to the following rules:

 A course will be given if a student has passed both courses irrespective of the year
of examination in which they were passed.
 An aggregated course (ACR) will be given if a student has an aggregated mark of
at least 50% for both courses (i.e. COL 201 and COL 202) and has obtained at
least 45% in the course failed.
 Aggregation may only take place in respect of examinations written in the same
academic year.
 After the completion of the November examinations, the Dean of Law may
recommend to the Deans of Humanities, Commerce and Science that a student
with an overall aggregation average of 49% be raised to 50% to enable the student
to pass with an ACR or NCR. Overall aggregation averages below 49% (i.e. less
than 98 out of 200) will NOT be rounded up to 50% for this purpose.

3.3 Supplementary examinations

Students in COL 201 and COL 202 may be granted a January/February supplementary
examination, provided that they obtain at least 40% in the June/November examination,
and provided that they otherwise qualify for a supplementary examination in the Faculty in
which they have been registered. A student who has been granted a supplementary
examination for COL 201 or 202 must write both papers, regardless of whether one or
both of the papers were failed.

40
 TUTORIALS AND ACADEMIC SUPPORT
The Law Faculty at Rhodes offers all students an integrated academic development
programme aimed at bridging the gap between school and university and assisting
students in realising their full academic potential. The programme takes three forms:

1 TUTORIALS

All students who register for Legal Theory 1, Legal Theory 2 and Commercial Law 1 are
required to attend tutorial sessions, in addition to the lecture programme. Attendance at
Tutorials is compulsory (a DP requirement) and forms an integral component of the Legal
Theory 1, Legal Theory 2 and Commercial Law 1 courses.

In so far as the Legal Theory 1 programme is concerned, there is an emphasis on the

development of oral skills and writing skills. LLB 1 students are, in addition to tutorials in
their law subjects required to attend an additional skills development tutorial once a week.
Attendance is compulsory.

The tutorial programme is aimed at the development of research and writing skills and
basic computer literacy.

For Legal Theory 3 there are weekly tutorials which are voluntary and which are designed
to supplement and provide extra support for the lecture programme.

2 SUPPLEMENTAL INSTRUCTION

Supplemental Instruction (SI) is a free, voluntary, student-driven programme designed to

support courses that have a reputation for being academically demanding. SI is offered to
students registered for Legal Theory 1 and Legal Theory 2.

SI enables students to master course content while developing effective learning and
study strategies. SI is for all students, and statistics show that students who regularly
attend SI sessions tend to get better results than those who do not.

3 ACADEMIC SUPPORT AND ACADEMIC AUGMENTATION FOR FIRST YEAR

STUDENTS

The Faculty endeavours to support students in making a successful transition from school
to university insofar as their study of law is concerned. Support will be provided in the
form of podcasts and videos made available on RUConnected and individual consultations
with the augmentation lecturer who will be available at specified times for student
consultations. From the second term onwards, the programme takes the form of
compulsory weekly sessions for students whose first test result is ≤ 40%. The sessions
are aimed at assisting student to address challenges they experience in order to ensure
academic success.

In the second semester, attendance of the academic augmentation tutorials is compulsory

for all students who failed Foundations of Law in the first semester with 35% to 45%. For
these students, attendance of these weekly tutorials is a DP requirement.

41
Additionally, students are encouraged to discuss their academic concerns with the
lecturers concerned. Appointments can be scheduled via email.

42
 INTERNATIONAL EXCHANGE PROGRAMMES
The Faculty of Law believes that there is great value in exchange programmes. There are
currently two exchange programmes in place, one with Leicester University and the other
with Utrecht University. Bearing in mind the need for reciprocity, no further exchange
programmes are envisaged at present. However, students are free to make their own
arrangements outside the formal exchange programme structures and should discuss the
recognition of courses to be done elsewhere with the Deputy Dean.

1 EXCHANGE PROGRAMMES GENERALLY

Credits obtained at other universities, including some law credits, could be counted
towards your Rhodes LLB degree or towards Legal Theory 1, 2 and 3. Credits that count
towards Legal Theory 1, 2 and 3 do not automatically count towards LLB. A separate
application must be made for the purpose of LLB credits being granted. This separate
application may be made at the same time as the application for credits towards Legal
Theory 1, 2 and 3. For more details, see
https://www.ru.ac.za/internationalisation/students/exchangeandstudyabroad/

2 LEICESTER EXCHANGE PROGRAMME

The Leicester exchange programme is designed specifically for law students who follow
the five-year route and are willing to add an additional honours year to their studies and
gain international experience in the process.

In terms of an agreement between Rhodes University and the University of Leicester,

senior law students from Rhodes, having paid Rhodes fees, may attend courses at the
University of Leicester and receive credits towards their Rhodes LLB degrees. Rhodes
hosts Leicester students in return. The exchange programme enables successful
candidates from both universities to study in an international academic environment.

There are a number of ways in which this could be done, but the preferred option is to
spend six months at Leicester as part of an Honours programme and then to return to
Rhodes to continue with the LLB degree. The Deputy Dean can provide students with
more details regarding this exchange opportunity. See
https://www.ru.ac.za/internationalisation/students/exchangeandstudyabroad/

3 UTRECHT EXCHANGE PROGRAMME

The Faculty has a staff and student exchange agreement with the Faculty of Law at
Utrecht University in the Netherlands. The system is similar to the Leicester programme
described above.

The Utrecht programme offers a second option  a short-term exchange for three months
from November to February. Students will be able to obtain some LLB credits in this way.
(The Utrecht courses run over a three-month period, whereas our equivalents are taken
over six months.)

See the Deputy Dean and the International Office for details.

43
 SECTION D: ADMINISTRATIVE ISSUES
ESSAYS, ASSIGNMENTS AND OTHER COURSE WORK
The rules below apply to Legal Theory, Commercial Law and LLB students.

1. ASSIGNMENT COVER PAGE

The Law Faculty has a cover page that must be utilised when essays and assignments are
submitted. Work submitted without this cover page will not be marked. It can be
accessed as follows using the following link: https://www.ru.ac.za/law/

You will see from the Essay Cover that the following information must appear on the cover
page: Student number, Subject, Lecturer/Tutor, Due Date and the Assignment Topic.

In addition you have to sign the following declaration:

 I know that “plagiarism” means using another person’s work and ideas without
proper acknowledgement, and pretending that it is one’s own. I know that
plagiarism not only includes verbatim copying, but also the extensive (albeit
paraphrased) use of another person’s ideas without proper acknowledgement. I
know that plagiarism covers this sort of use of material found in court judgments,
textbooks, journal articles AND on the Internet.

 I am aware of the University and the Law Faculty’s policies on plagiarism as set out
in the Faculty’s Handbook.

 I acknowledge and understand that plagiarism is wrong, and that it constitutes

academic theft.

 I understand that my research must be accurately referenced. I have followed the

rules and conventions concerning referencing as set out in the Law Faculty’s
Handbook. I accept that merely putting a reference next to the copied words of
others is not sufficient to avoid a charge of plagiarism, and that I understand the
writing conventions applicable to using direct quotes and quotation marks.

 This assignment is my own work, or the unique work of a group, if a group

assignment.

 I have not allowed, nor will I in the future allow, anyone to copy my work with the
intention of passing it off as his or her own work. I also accept that submitting
identical work to someone else (a syndicate essay) constitutes a form of plagiarism.

The plagiarism and referencing information is set out in Section E below.

44
2. PENALTIES FOR LATE SUBMISSION OF WORK

2.1 Assignments

Assignments are due on the date and at the time stipulated by the lecturer for the course.
Late assignments shall be subject to a penalty of 20% per day, or part of a day.

For example: an assignment is due at 8am on 18 February 2019.

 Student A submits his/her assignment at 8.30am on that date. S/he would have
received 75% for the assignment had s/he submitted on time, but because it was
submitted after 8am on the due date, but less than 24 hours after the due date,
student A will instead receive 55% for the assignment on his/her course record.
 Student B submits his/her assignment for the same course at 4pm on 19 February
2019, and would have received 57% for the assignment if it had been submitted on
time. In these circumstances, s/he will receive 17% for the assignment on his/her
course record.

Please note: these penalties will be strictly enforced. Assignments that arrive only a few
minutes after the time at which they are due are liable to receive the 20% penalty. It is
therefore in your interests to manage your time effectively and not to leave your printing
until the last minute.

Only an LOA which is valid for the due date of the assignment will negate the penalty for
late submission. Where a student has a valid LOA for the due date of the assignment, that
student’s assignment shall be due 24 hours following the expiration of the LOA. Late
submission after this date shall be subject to the 20% per day penalty as outlined above.

Students are not to make individual arrangements with staff members regarding
submission dates.
 Where a date for submission has been set this must be adhered to, and penalties
for late submission will apply. Where a student has a LOA for the date of the
submission of the assignment, the assignment is due within 24 hours after the
expiration of the LOA. Ie. Student A has to attend an important family gathering on
11 March 2020, and their assignment is due at 16h30 on 11 March 2020. Student
A applied for and was granted an LOA for 11 March 2020. Their assignment must
be handed in by 16h30 on 12 March 2020.

2.2 Tests

Attendance at class tests is compulsory for DP purposes. A make-up test in the form of
either a written test or an oral (to be decided by the lecturer concerned) will be offered to
students who miss the scheduled test with a valid LOA. No other students will be
permitted to do a make-up test.

Students who have a valid LOA for the make-up test will not be granted a further make-up
test; rather, the test will no longer count towards the calculation of the course record for
that course, and the course record will be based only upon the other course work normally
assessed for the purpose of the course record. Accordingly, the exam mark of the student
will count more i.e. If the test counted 10% of the course mark of 30%, the exam will then
count 80% instead of 70%.

45
 CALCULATION OF COURSE RECORDS
The course record mark is incorporated into the calculation of the final result. Test and
assignment marks are used to calculate course record marks. A student wishing to
challenge a course record mark as incorrect must do by the end of swot week
before the examinations in June and November respectively. Marks are published on
ROSS to enable student to check that marks are correctly captured.

Administrative Law (Year course) Course record (50%)

Alternative Dispute Resolution Course record (10%)
Journal (20%)
Practical exam (20%)
Civil Procedure A Course record (30%)
Civil Procedure B Course record (30%)
Commercial Law 101 Course record (30%)
Commercial Law 102 Course record (30%)
Commercial Law 201 Course record (30%)
Commercial Law 202 Course record (30%)
Company Law A Course record (30%)
Company Law B Course record (30%)
Competition Law Course record (30%)
Constitutional Law A Course record (30%)
Constitutional Law B Course record (30%)
Constitutional Litigation Course record (40%)
Copyright and Trade Marks Course record (30%)
Criminal Law A Course record (30%)
Criminal Law B Course record (30%)
Criminal Procedure A Course record (30%)
Criminal Procedure B Course record (30%)
Environmental Law Course record (30%)
Ethics and Professional Responsibility Course record (40%)
Foundations of Law Course record (30%)
International Human Rights and Humanitarian Law Course record (40%)
International Trade Law Course record (30%)
Introduction to Conveyancing Course record (30%)
Introduction to Law Course record (30%)
IsiXhosa Practical component (100%)
Jurisprudence Course record (40%)
Labour Law Course record (30%)
Law of Agency and Insurance Course record (30%)
Law of Banking and Payments Course record (30%)
Law of Contract A Course record (30%)
Law of Contract B Course record (30%)
Law of Delict (Year course) Course record (50%)
Law of Evidence A Course record (30%)
Law of Evidence B Course record (30%)
Law of Life Partnerships Course record (30%)
Law of Partnerships and Trusts Course record (30%)
Law of Patents, Designs and Geographical Indications Course record (30%)
Law of Persons Course record (30%)
Law of Property A Course record (30%)
Law of Property B Course record (30%)
Law of Sale and Lease Course record (30%)
Law of Succession and Administration of Estates Course record (30%)

46
Law of Tax and Estate Planning Course record (30%)
Legal Accounting Course record (30%)
Legal Interpretation Course record (30%)
Legal Pluralism Course record (30%)
Legal Practice Practical component (100%)
Legal Skills Practical component (100%)
Public International Law Course record (30%)
The Law of Obligations in a Global Context Course record (30%)
Research Paper Research Paper (100%)
International Moot Competition Portfolio (100%)

DP REQUIREMENTS AND LEAVE OF ABSENCE

1 DP REQUIREMENTS

1.1 Introduction

A Duly Performed (DP) certificate is the certification that a student has met the minimum
attendance and work requirements for a particular course. A student whose DP has been
refused for a particular course will normally not be allowed to write the examination in that
course. In effect, a DP certificate constitutes permission to write the examination (see
G.19).

In the Law Faculty/Department, a designated member of the academic staff administers

DPs. This person is obliged to administer the DP system in terms of the rules. This means
checking applications for Leave of Absences and approving/rejecting these applications on
the basis of the application and evidence in support of the application provided.

Every year there are students who plead in vain to this staff member for their DP
certificates not to be removed, despite the fact that they have clearly not met the DP
requirements. This staff member does not have the authority to grant indulgences
for non-compliance with the rules. Make sure that you comply with the DP rules in
respect of lecture attendance, submission of class work, and writing the test, as
these are set out in the course material and explained in class. Failure to comply with
the course requirements may result in a DP being refused.

The Law Faculty will not send out additional warnings to students who are at risk of losing
their DPs. Individual lecturers may choose to warn students before taking DPs away, but
lecturers are under no obligation to do this since the rules for courses are published in
advance and known to students. Students who fail to comply with the rules are at risk of
having their DPs refused, and carry the onus of meeting the course requirements or
applying for a Leave of Absence in relation to lecture attendance or submission of work.
Note that an LOA does not exempt a student from doing the work of the class (see 2
below).

Where a student has failed to comply with the DP requirements for his/her course, s/he will
be informed via ROSS and email that his/her DP for a particular course was refused. The
notification will call upon the student to make submissions as to why his/her DP should not
be refused (i.e. it will give the student an opportunity to appeal the DP refusal). In order to
exercise this right of appeal, the student must make written submissions to the Faculty DP
Appeals Committee (which is EXCO sitting without student representatives). The appeal
letter must be submitted to the Faculty within the timeframe specified in the notice. The
submission should illustrate that the student has indeed complied with the DP rules, and
proof must be provided of such compliance. The letter may further provide information

47
deemed relevant by the student for consideration by the Committee when making the
decision as to whether to reinstate the DP or not. The decision of this Committee is final.
No further appeals lie against this decision.

Examinations may not be written without a DP certificate, and where a student writes an
exam without having a valid DP, the exam will not be marked, and thus the student will not
receive results for that course.

1.2 Extended DPs

Students who do not return to the University may apply for an extension of their DP
certificates for a period of one year. This will allow the student to write the examination
without having to earn a new DP certificate. Candidates in this position will stand or fall by
their performance in the examinations (i.e. the exam counts 100%). Normally an extended
DP is only granted in the year immediately following the year in which the original DP was
granted.

Normally a returning student will not be granted an extended DP. Only in exceptional
instances, e.g. unavoidable timetable clashes, will extended DPs be considered for
returning students. Where an extended DP is granted to a returning student, that student
must complete the work of the class (i.e. write the test and submit the assignment) for the
course.

Commercial Law 1, Legal Theory 1 and 2 students on extended DP must write the
scheduled class tests for the respective courses. Students on extended DP need not
attend tutorials. Commercial Law 1 and Legal Theory 2 students need not submit tutorial
assignments. Legal Theory 1 students are required to submit tutorial assignments which
are assessed for marks, but they need not complete the formative written tasks, such as
tutorial worksheets. Legal Theory 2 students on extended DP are further required to
submit the class assignments for the relevant course(s). Failure to write the tests and
submit the assignments as outlined above, will result in the refusal of the DP.

A DP certificate for a particular course may not be extended more than once.

Note: One cannot get an extended DP in a case where a DP has been refused the
previous year.

1.3 Faculty requirements

Attending lectures and tutorials is regarded as an inherent part of law courses. In the same
way that students must obtain a minimum number of marks in an exam, they must attend
a minimum number of lectures. Save in exceptional circumstances, students who are
absent from lectures more frequently than allowed will not be awarded DP certificates,
regardless of whether LOAs are obtained. For example, if a student is absent from 18
lectures for a particular semester course (normally there are 26 lectures per semester
course) and s/he obtains LOAs for 13 of the 18 lectures missed, s/he has not satisfactorily
attended class, despite having obtained LOAs for the majority of lectures missed. See
below for the acceptable threshold in law courses.

Students are strongly advised not to miss lectures unless they have no choice (as a result
of, for example, illness) but to do so. Circumstances (for example, illness) may later force
a student to be absent for good reason, and yet, the student may lose his/her DP
certificate on account of having missed more than the permitted maximum number.

48
LOAs are particularly relevant in the case of tutorials/lectures/tests that are missed and
essays that are late.

The general DP Requirements applicable in the Faculty of Law, except where

otherwise stated, are that:
 Attendance at lectures is compulsory in all Legal Theory and LLB courses. A
student may miss no more than 6 (six) lectures per semester course.
 A double lecture in any course is regarded as 2 (two) lectures.
 Students are required to do all the work of the class. The written work includes
tests, tutorial assignments and essays scheduled during the year.

In respect of Legal Practice a student may not miss more than 3 (three) lectures per
semester course, unless properly excused. In respect of Alternative Dispute Resolution
100% attendance is required, unless properly excused. In respect of Foundations of Law
and Introduction to Law the general Faculty DP requirements, set out above, apply.

Commercial Law 1 and 2 students are not required to attend lectures for DP purposes.
 Students are required to do all the work of the class. The written work includes
tutorial assignments (Commercial Law 1 only), essays and tests scheduled during
the year.
 Tutorial attendance is compulsory.

Students in Legal Theory 1, 2 and 3 and Commercial Law 1 and 2 must comply with the
DP requirements in respect of each component of the course as set out in the course
material.

All students in their Final Year of study must participate satisfactorily in at least one
moot for that year. Students who in the opinion of the adjudicator(s) did not perform
satisfactorily will be required to participate in additional moots until the proper level of
performance has been reached. For penultimate year students Moots are part of the
Legal Skills course.

These requirements will be applied strictly and the onus is on each student to ensure that
s/he signs the class register.

Failure to comply with DP requirements of a course, may lead to a student’s DP certificate

being withdrawn. This means that the student will not be permitted to write the exam for
that course.

2 LEAVE OF ABSENCE (LOA)

The University has a uniform LOA policy which can be found on the University website:
https://www.ru.ac.za/media/rhodesuniversity/content/institutionalplanning/documents/Leav
e_of_Absence_Policy_for_Students.pdf

The Faculty policy set out hereunder supplements that general policy.

If you miss a lecture or tutorial for good reason, you may apply for a leave of absence
(LOA). Application forms can be obtained from the secretaries in the Administration Office
or on the website: https://www.ru.ac.za/law/

Grounds for granting leave of absence (LOA) as per the University current policy are as
follows: “absence from class meetings, for whatever reason, must count against a
student’s entitlement to a DP Certificate and, except in cases of leave of absence granted

49
for approved sporting or cultural commitments, illness or on compassionate grounds, there
should be no concession in this regard.”

NB: LOA applications must be fully completed as per the instructions on the LOA
form, with a copy of supporting documentation attached. Incomplete applications
will be rejected.

NB: LOA applications must be submitted within five (5) days, excluding Saturdays,
Sundays and public holidays. Late LOA applications will not be considered.

Leave of absence applications MUST be submitted within 5 days of your return to the
university, excluding Saturdays, Sundays and public holidays. For purposes of the
calculation of the 5 days, exclude the first day, and any Saturdays or Sundays, and include
the last, unless the latter falls on a Saturday, Sunday or a public holiday.

For example: your test in course X is scheduled for 21 April 2020, but a severe bout of
gastroenteritis meant that you had to visit a doctor in the afternoon of 21 April who gave
you a certificate to indicate that you would be unable to attend to your academic work on
21 and 22 April 2020. You attend class and resume your academic work on 23 April 2020.

Monday Tuesday Wednesday Thursday Friday Saturday Sunday

20 April 21 22 23 24 25 26
Test day Booked off Booked off Back
27 28 29 30 1 May 2 3
Public H 1 2 3 Public H
4 5 6
4 LOA due

If there were no public holidays, your LOA would be due on 1 May. A failure to submit
LOAs, particularly for assessments will mean that a mark of 0 will be recorded.

Work missed through absence at any time, for any reason, is the responsibility of the
individual student. Formal ‘Leave of Absence’ does not remove this responsibility.

Students must consult the DP policy to determine which rules apply to them.

It is vital for students to retain proof of reasons for absence for each lecture missed
(medical certificates, sports administration letters, letters from parents concerning
weddings, funerals, etc). Such proof will enhance the chances of students being able to
show exceptional circumstances.

The Secretarial and Administrative staff do not guarantee granting of leave of absence.
The granting of leave of absence depends solely on the compliance with the rules for
application and evidence provided.

50
 EXAMINATIONS
1 JUNE AND NOVEMBER EXAMINATIONS

The standard method of assessment for the majority of the courses in the Faculty is a two-
hour written examination at the end of the semester in which the subject is taught. The
mark in this examination normally contributes 70% towards the final mark for the course,
but there are exceptions to this (see the section “Calculation of Course Records” above).

2 SUPPLEMENTARY EXAMINATIONS

LLB, Legal Theory and Commercial Law students who fail courses in the June and/or
November examinations may qualify for a supplementary examination in some instances.
Supplementary examinations for law courses are written in Jan/Feb of the following year.

LLB students are granted supplementary examinations by the Law Faculty Board, while
supplementary examinations for students registered for Legal Theory or Commercial Law
are granted by the faculty boards of their home faculties.

In the Law Faculty, supplementary examinations will normally not be granted to a LLB
student who has obtained a result of less than 40% (Rule L.11.1). Exceptions will be made
in the following circumstances only:

(a) Where a student has failed one course only; or

(b) Where a student has failed more than one course and a supplementary
examination would provide an opportunity for that student to meet the
requirements for the degree.

Maximum number of supplementary examinations: 4 semester courses or their equivalent

(L.11.2).

In order to qualify for supplementary examinations students must have passed at least 4
semester courses in the academic year (L. 11.2). This rule does not cover the situation of
students who have nearly completed their studies but for a few outstanding courses.

Supplementary examinations will not be granted to persons who are excluded from the
University on academic grounds.

Further, supplementary examinations are not available for Legal Practice and Legal Skills
(Rule L.11.3).

Supplementary examinations for courses that form part of Legal Theory and Commercial
Law are granted in accordance the rules of the Law Department, unless the rules of the
home faculty stipulate that its rules supersede those of departments. The Law
Department requires a subminimum of 40% for granting of supplementary examinations in
all its course.

3 AEGROTAT EXAMINATIONS

An aegrotat is a certification that one obtains if one is unable to attend an examination

because of genuine ill-health, or for some other serious reason, such as the death of a
member of one’s family. The aegrotat then allows one to write another (equivalent)
examination later, known as an aegrotat examination. Applications to sit such
examinations must be made in writing and before the examination to the Registrar’s
51
Division and must be supported by doctor’s certificates or other proof that the request is
genuine and well-founded.

Aegrotat examinations are not available for Legal Practice and Legal Skills (Rule L.11.3)

Final Year LLB students granted an aegrotat examination may be given the option of
completing the aegrotat examination by way of an oral examination in December.
Aegrotat examinations are not granted for Legal Accounting and Introduction to
Conveyancing due to the nature of these courses.

52
4 RE-WRITE EXAMINATIONS (Legal Theory 1 and Commercial Law 1 only)

If a student fails a first-year semester course in the June examination, they may be
granted an opportunity to rewrite the examination at a later stage. This is not a
supplementary examination, where the improved result is recorded simply as a pass,
irrespective of the mark obtained. In a rewrite examination, the classification of the result
will reflect the actual mark.

Students in Foundations of Law may be granted rewrite examinations, to be written in

August provided that they obtain at least 35% in their first examination in June. The mark
obtained in the second examination is recorded as the final mark, except in those
instances in which a student has an ACR or an NCR and wishes to obtain an unqualified
pass.

Students in COL 101 may rewrite the subject in November, provided that they obtain at
least 35% in the June examination. In such cases the mark obtained in November shall be
the final result for that course, except in those instances in which a student has an ACR or
an NCR and wishes to obtain a credit in the course failed. No further supplementary
examinations will be written in January/February.

5 ORAL EXAMINATIONS FOR LAST OUTSTANDING CREDITS

(Final Year LLB students only)

Rule L.13 provides for oral examinations in the Faculty of Law. The procedure applies to
Final Year LLB students only. Its purpose is to allow students to complete their LLB
degrees in the November examination session so as to enable them to enter the job
market at the beginning of January and to prevent them from suffering economic and other
disadvantages. An oral examination will be granted only in respect of courses that are
outstanding for completion of the degree. Oral examinations will not be granted for
additional courses taken for non-degree purposes.

Final Year students who fail a course and meet the requirements set out below, will be
informed that they may submit themselves for an oral examination in that course on a
specific date, which will be before the last Faculty Board meeting of the year. The oral
examination will be a special examination to determine whether the student’s examination
mark in that course (obtained either in June or in November) should be adjusted to 50%. It
is not a supplementary examination: it forms part of the original examination. A student
may elect not to attend the oral examination, in which event the mark obtained in the
written examination stands.

Either the final mark or the internal examiner’s mark (whichever is available) will be used
to determine whether a student qualifies for an oral examination. To qualify a student must
not have failed more than two semester courses or their equivalent and must have
obtained a mark of at least 35% in the course/s concerned. The only exception to this rule
may arise where a mark lower than 35% is directly attributable to a student’s misreading of
an examination question. In such event, the Dean of Law may, after consultation with the
Deputy Dean and the lecturer involved, permit a student to take an oral examination.

Notification of orals will take place soon after the last examination is written, but at least
two days before the oral examination. All orals will be conducted on the same day, even if
a student has more than one oral.

Normally a panel consisting of three persons will conduct the oral examination. The panel
will consist of the Dean (or Deputy Dean), who will chair the panel, the internal

53
examiner(s) for the course and an external examiner. If for any reason the panel cannot be
constituted as above, the Dean will designate a suitable alternate. A decision to adjust the
original mark must be unanimous.

The only function of the panel is to determine whether the examination mark should be
adjusted to 50%. It cannot substitute a higher mark. If it decides that the student’s mark
ought not to be adjusted, then the written examination mark will remain. Candidates
should be assessed on their performance in the oral examination only: the mark in the
written examination should not be considered in assessing whether the student is worthy
of a pass mark. If the candidate passes the oral, then they passes the course with a mark
of 50%.

A student who fails the oral examination fails the June/November examination. However,
the student may still qualify for a supplementary examination in terms of Faculty rules.

The following procedure will apply:

At the end of the November examination period students who qualify for an oral will be
notified that they may present themselves for an oral in a particular course. The date for
the oral examinations will have been set already, but students must be given at least two
days’ notice. Students will be informed by means of a notice on the Faculty notice board.
The onus will be on students to acquaint themselves with its contents.

Notice will normally be given on the strength of the final mark, but if that is not available,
on the internal mark. Where only internal results are available, the scripts will still be sent
to the external examiner in the ordinary course. If the external changes the internal mark,
the usual rules for adjusting the mark will apply. If the student passes the written
examination, then the need for an oral disappears and a failed oral will not affect the
written examination result; if a student who passed on the internal mark fails, then s/he will
be entitled to an oral examination, provided that the external result is available in time. In
the event of the external result not being received in time, then, if a student requests an
oral examination, it may be held at a later date which is suitable to all parties.

Final Year students granted an aegrotat examination(s) will be given the option of
completing all aegrotat examinations granted by way of an oral examination(s) in
December.

Oral examinations are not available for Legal Accounting, or in Legal Practice and Legal
Skills in which no examinations are written.

6 RE-SCRUTINY OF SCRIPTS

The University rules do not allow for remarking of examination scripts. A student may
apply for re-scrutiny (to check that all questions have been marked and to check addition
of marks) of his or her script in accordance with Rule G.27 of the Calendar.

7 VIEWING OF, AND COPIES OF EXAMINATION SCRIPTS

A student wishing to see their examination script with a lecturer in order to obtain feedback
on his/her examination to learn from the examination must do in terms of Rule G.28 of the
Calendar.

54
Students may also apply to obtain a copy of their examination scripta in accordance with
Rule G. 28.2, upon payment of the prescribed fee.

PROCESSING EXAMINATION RESULTS

1 EXAMINATION RESULTS

The Dean may raise a candidate’s mark by one per cent prior to the results being recorded
in the following instances: 29%, 34%, 39%, 44%, 49%, 59%, 69% and 74% (Faculty
policy).

Where the Dean has not raised a candidate’s marks, the Law Faculty Board may raise
LLB candidates’ classification in one course on the grounds of overall performance in the
following instances:

(a) 49% to 50% if the candidate’s average for the other subjects is above 55%;
(b) 48% to 50% if the candidate’s average for the other subjects is above 58%.

2 PROGRESSION IN THE LLB

LLB 1 to LLB2 Must pass all courses except 2 semester courses or

their equivalent.

LLB2 to Penultimate Year: Must pass all courses except 3 semester courses or
their equivalent.

Penultimate to Final Year: Must pass all courses except 4 semester courses or
their equivalent.

3 THE REQUIREMENT FOR THE AWARD OF THE LLB DEGREE

In order to meet the requirements of the LLB degree, students must pass all compulsory
courses and 4 electives.

If a maximum of 4 semester courses or their equivalent are outstanding, the candidate:

(a) may be granted extended DPs for such courses; or

(b) may register for substantially similar courses at another university (Rule L.12).

55
4 ACADEMIC PROBATION

4.1 Situation A

If registered for 14 semester courses or more: Probation if the candidate fails/DNW (Did
not write) more than five courses.

If registered for 10-13 semester courses: Probation if the candidate fails/DNW more
than five courses.

If registered for 6-9 semester courses: Probation if the candidate fails/DNW more
than 3 courses.

If registered for 5 semester courses or fewer: Probation if the candidate fails/DNW more
than half of the courses.
Terms of probation: To pass at least 75% of all courses for which the candidate has been
registered in the June examination of the following academic year, provided that the
candidate does not fall foul of the exclusion criteria.

4.2 Situation B

A candidate will be placed on probation if the student has a DNW/DPR (DP refused) in two
or more courses.

Terms of probation: To obtain a DP and write every course for which s/he is registered in
the following academic year.

4.3 Situation C

A candidate will receive a warning if the student is in danger of exclusion on the ground of
effluxion of time.

Terms of probation: To pass a sufficient number of courses in the following academic year
to complete the degree in the prescribed maximum time allowed.

4.4 The effect of the passing of supplementary exams on probation

In the event that a candidate should pass a sufficient number of courses in the
supplementary examinations following the year in question, academic probation will be
lifted.

4.5 The effect of failure to fulfil the terms of probation

Failure to fulfil the terms of probation will result in summary exclusion. The appeal
process provided for in terms of the rules of the institution apply to appeals against
academic exclusion.

56
5 EXCLUSION

5.1 Four-year programme

A candidate will be excluded if the student fails 65% or more of the courses for which they
have been registered in that academic year, irrespective of the number of courses
obtained towards the degree. This rule does not apply to students who have nearly
completed their degrees but for a few courses that they are repeating.

If the candidate fails less than 65% of the courses for which the student has been
registered in that academic year, the following consideration applies: Is it possible for the
candidate to complete the entire LLB degree programme within a six-year period from date
of first registration? If not, then the candidate will be excluded (i.e., maximum of 6 years in
total, including any years registered for another degree, irrespective of the order of
registration).

5.2 Five-year programme, i.e. a two-year LLB after an initial degree

A candidate will be excluded if they fails 65% or more of the courses for which the student
has been registered in that academic year, irrespective of the number of courses thus far
obtained towards the degree. This rule does not apply to students who have nearly
completed their degrees but for a few courses that they are repeating.

If the candidate fails less than 65% of the courses for which they have has been registered
in that academic year, the following consideration applies: Is it possible for the candidate
to complete the entire LLB degree programme within a four-year period? If not, then the
candidate will be excluded (i.e., maximum of first degree plus 4 LLB years, irrespective of
the order of registration).

5.3 Six-year programme, i.e. a three-year LLB after an initial degree

A candidate will be excluded if they fail 65% or more of the courses for which they have
been registered in that academic year, irrespective of the number of courses thus far
obtained towards the degree. This rule does not apply to students who have nearly
completed their degrees but for a few courses that they are repeating.

If the candidate fails less than 65% of the courses for which they have been registered in
that academic year, the following consideration applies: Is it possible for the candidate to
complete the entire LLB degree programme within a five-year period? If not, then the
candidate will be excluded (i.e., maximum of first degree plus 5 LLB years, irrespective of
the order of registration).

5.4 Where candidates change from one degree programme to another

A candidate will be excluded if they fail 65% or more of the courses for which they have
been registered in that academic year, irrespective of the number of courses thus far
obtained towards the degree.

If the candidate fails less than 65% of the courses for which they have been registered in
that academic year, the following consideration applies: Is it possible for the candidate to
complete the entire LLB degree programme within seven years from the candidate’s initial
registration? If not, then the candidate will be excluded.

57
 LLB RESEARCH ESSAY GUIDELINES AND
ASSESSMENT CRITERIA

1 GUIDELINES

Final Year LLB Candidates are permitted to complete a research essay in a topic of their
choice, subject to the availability of a Supervisor and the approval of the Dean. The
Research Essay elective counts for two of their elective half courses. The essay should be
analytical, rather than merely expository. Students who register for the Research Essay
as one of their electives must note that they will under no circumstances qualify for
supplementary, aegrotat or oral examinations.

Because of the high academic standards expected of the work, and the lack of availability
of supplementary and oral examinations for this elective, only students who have an
average of over 60% in Penultimate year will normally be considered for registration. The
Dean will consider relaxing this guideline in exceptional circumstances, and on good
cause shown.

Please note the following guidelines:

 These guidelines refer specifically to writing up a researched paper as an elective.

For those who may be in a position to write up their moot court experiences as a
research paper in terms of Faculty Rule L.6, there are separate guidelines which
may be obtained from the Research Essay Co-ordinator.
 The length of the essay shall be approximately 10 000 – 12 000 words (or
approximately 40 pages), including footnotes.
 The essay is expected to be of a standard fit for publication in an academic law
journal. The general Faculty Guidelines with regard to preparation, referencing and
plagiarism will apply to the essay.
 The schedule for completion of the essay shall be as follows:

(a) The proposed topic should be discussed with the prospective Supervisor by the
middle of October in the year preceding registration (ie when the student is still
in his or her Penultimate year of study). A prospective candidate will be required
to complete a pre-registration form (to be signed by the prospective supervisor)
and which will have to be submitted to the Research Essay Co-ordinator by the
middle of October, to facilitate the registration process. The Research Essay
Co-ordinator will make these forms available to interested candidates. The
student will be required to make progress on the work during the course of the
long Christmas vacation. In the light of the fact that the elective counts for two
semester credits, students who have not indicated their intention to register for a
research paper by mid-October will normally not be able to register for this
elective in their final year.
(b) The student should, at the beginning of the final year, officially register for the
elective (provided that the student still wishes to do the elective), and should
inform the Supervisor that the registration has been confirmed. The progress
made over the vacation should be discussed with the Supervisor.
(c) A short written proposal (at least 2–3 pages long), approved by the Supervisor,
should be submitted to the Research Essay Co-ordinator by the end of the
second week after registration. The proposal should include a provisional title,
and should describe the nature of the research problem to be investigated and
the provisional goals of the research.
58
 (d) Candidates shall meet with their supervisors on a regular basis, but at least
once a month. The Research Essay Co-ordinator shall, in addition, be entitled to
call ad hoc meetings of all candidates for the purpose of discussing issues
relating to research and research methodology, and to assess the candidates’
progress.
(e) At the end of the first and second terms, candidates must submit, via their
Supervisors, updates on the progress they have made with their research.
Should the Research Co-ordinator consider such progress to be unsatisfactory,
he or she shall place the matter before the Dean, who may, after considering
any representations from the candidate and the supervisor, withdraw the
candidate's DP certificate.
(f) Students will be required to present their work-in-progress orally, in
seminar form, in the second week of the third term. The seminars will be
arranged by the Research Essay Co-ordinator, and are a DP requirement. Any
interested persons will be entitled to attend the seminar, and to contribute to any
discussion about the paper. The idea is not for the candidate to produce a
“perfect” paper. Rather, the candidate can use this as an opportunity to test his
or her work thus far, and to raise points of difficulty for discussion and comment.
The seminar is designed to aid the candidate’s research progress.
(g) A complete written draft of the essay shall be submitted to the Supervisor by the
last Friday of the third term.
(h) The supervisor shall review the draft and return it by the end of the first week of
the fourth term. If, in the opinion of the Supervisor, any revision is necessary,
the candidate shall be given a further fourteen days to attend to any matters
raised by the Supervisor.
(i) The candidate shall submit the completed essay to the Supervisor by the third
Friday of the 4th term.
(j) Save in exceptional circumstances no extension of any of the time limits will be
entertained.

 The Research Essay shall be submitted on A4 paper and the lines one-and-a-half
spaced, with footnotes, according to the Faculty’s referencing style.
 The candidate must submit his/her research essay electronically to the supervisor
and the Faculty Manager: Administration on the due date. The Faculty will bear the
costs of printing a hard copy of the essay should the internal (and external) examiner
require a hard copy. The marked copy (electronic or hard copy) will constitute the
“exam script” to be retained by the Faculty for record purposes. A copy of the
research essay will be made available on the University Research Repository. The
comments with regard to assessment made by the supervisor and external examiner
will be made available to the student after the exam results have been released,
upon request of the student.
 As far as the assessment of the Research Essay is concerned, the final mark will
normally be based on content and quality of the essay alone, according to specific
assessment criteria that have been developed by the Faculty. These are available
from the Research Essay Co-ordinator. Like any examination, each research essay
will be examined by an external examiner. In addition, the supervisor may call on the
candidate to defend the essay orally, if he or she so decides.

59
2 ELECTIVE COURSE DOCUMENTING PARTICIPATION IN INTERNATIONAL
MOOT COMPETITIONS

Those students who represent Rhodes at an international mooting competition may

choose to write that experience up in portfolio form. This experience and portfolio may
take place of one elective course. A student who represented the university in more than
one competition, may only substitute one of their elective courses with this elective. See
rule L6.1 of the Faculty’s rules (in the University Calendar).

Since this option is only open to a very small number of students each year, all the details
are not set out in this Handbook. The Deputy Dean or Moot Co-ordinator can be
approached for the necessary details.

60
SECTION E: PROBLEM-SOLVING, REFERENCING AND
PLAGIARISM
PROBLEM-SOLVING FOR LAW STUDENTS
INTRODUCTION

What is a “problem”?

Problem questions are frequently used in teaching law and generally follow the format of
asking students to discuss the legal consequences of a particular set of facts – often in the
style of advising one or more of the parties as to their legal position on the basis of what
has happened. Problem questions exercise, and test, a student’s ability to identify what
the problem is about, to demonstrate their understanding of the legal principles in an area
of the law, to apply principles to new facts and to present an answer logically and clearly.

Why are “problems” a common feature of assessment in law?

Any student studying law will regularly be assessed by means of having to solve problems.
The reason is simple: this is what lawyers do every single day! No client is ever going to
walk into your office one day and ask you: “Please will you write an essay for me on …” or
“Please will you give me the correct answers to this set of multiple choice answers on …”.
Instead, the client will provide you with an (often garbled) version of some event that has
occurred, and the client will want to know what his or her legal position is. The lawyer will
have to work out what the problem is, and then give the client some sort of legal solution.

Since problem-solving is the life-blood of being a lawyer, it only makes sense that law
students must be trained in the general process of problem solving, and that they are
assessed on their ability to solve problems. It is authentic preparation for real life.

Would you be able to be a good tennis player or guitar player simply by reading a
theoretical book on the topic? Obviously not! The process requires years of
involvement, practice and experience. A lawyer’s skills are no different. Your time at
University is your opportunity not only to learn about the “rules of the game” (the law)
in theory, but to hone and practise the skills of lawyering, the most important of
which is the ability to answer problems.

The purpose of this document

The purpose of this document is to provide some basic guidelines as to the process which
should be followed by a student answering a problem question. It must be emphasised
that these guidelines must not be interpreted as some rigid formula – they are intended
only as a guide, to help you to develop your own problem-solving techniques. Solving a
human problem is not the same as solving a quadratic equation in mathematics.

These guidelines, while useful starting points, are no substitute for experience of
answering problems yourselves: ie by practising, practising, practising.

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GUIDELINES TO PROBLEM-SOLVING

Note that these guidelines apply both to research tasks and tests/exams: the way in which
they will apply will just be slightly different from one context to the other.

The three pillars of problem solving

At Rhodes, we identify THREE phases of the problem-solving process:

READING PLANNING WRITING

PHASE ONE: THE READING PROCESS

1. Read the question carefully

This may seem obvious, but it is surprising how many students do not do it, particularly in
the pressure of an examination or test. If you only “skim-read” the question, you run the
risk of either missing crucial facts or latching onto some key-word, but without
understanding its context. This will distort the problem analysis, and often results in you
giving an inappropriate answer.

So: read the question slowly and with attention. You pick up most of the factual nuances of
the question when you read it the first time, and you should note these as you are reading.
Try not to be too critical when you read the question — read for information rather than
trying to work out what all the legal issues are. Your goal in undertaking the first reading
should be “Do I have a good grasp of the facts?”

2. Read the question again!

This may also seem obvious, but again, very few people do this. Make it an essential step
in the process, and you will never, ever regret it. Once again, read the question slowly and
with attention. But because you are familiar with the facts from the first reading, you need
to start thinking about what the question is asking you to do. On your second read, you
thus need to start looking at the question critically. You may find it helpful to use a
highlighter or some other marking device to assist you in undertaking the second reading
process. The second read is about gradually starting to formulate a strategy for unpacking
and answering the question.

PHASE TWO: ALWAYS PLAN YOUR ANSWER

Never start writing until you have thought out your answer. All too often, the student
launches feverishly into writing and then realises half way through that he or she is on the
wrong track, or, towards the end of the answer, contradicts an assertion made at the
outset. You simply cannot afford to waste time like this in an examination.

Time spent on planning is never wasted. Once you have worked out your plan you will in
most cases also have worked out your answer. Your only remaining task will be to write it
out adding the necessary detailed elaboration.

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 1. Where and how to plan?

You are encouraged to plan on a separate piece of paper, or on a separate page of an

answer book, should you have been provided with one. In so far as “how to plan” is
concerned, that is really up to personal preference. Some people prefer a linear method;
others use spider diagrams; others use short lists. Some use more thorough plans, and
others need merely to establish a skeleton for themselves. The more you practise, the
more you will find a method that suits you.

2. The “easing-in” phase: preliminary planning questions

At this stage, there are certain preliminary questions that you should be asking and
considering:

(a) Who are the parties, and which one is my client?

This is important both to understand the factual matrix and to confirm that you know which
of the parties is seeking your advice.

TIP: Draw a diagram or picture of the parties, and how they connect up. A pictorial
representation allows both hemispheres of the brain to be involved in the process of
trying to break down and understand the problem, as opposed to the
“logical/reasoning” side of the brain alone. Two hemispheres are better than one!

(b) Which facts appear to be material, and which, not?

When someone draws up a problem question, some facts are simply there to make the
story more readable or understandable, and others are legally material or significant. So,
you need to distinguish the former from the latter. For example: if, in the facts of the
problem, you are told a child is eight years old, you would ask: “Why have I been told this?
What is the legal significance of this fact in the context of the question?” Sometimes it may
be material, and sometimes, not.

(c) Which general area of law is being implicated by these facts?

In general courses (eg Intro to Law), this is a very important question, as the question
could be referring to any one of a number of areas of law you have been taught. But even
where your course is dedicated to a specific area of law (eg the Law of Evidence) that
area has some form of general structure to promote its organisation and understanding. At
this stage, you should be asking yourself: “Which general area is this problem about?”

Setting up your desktop

The process of working out what general area of law the question is about is really
encouraging you to “set up your computer’s desktop”. Many students seem to go into
a test or examination with the weight of all the information they have learnt on their
minds. This can result in a sense of brain-overload or mental paralysis, as all you
can think about is a swirling mass of tiny bits of information. Avoid this, and instead
let your brain systematise what you have learnt in the fashion of the Windows
desktop on your computer. Imagine the general areas of your course as icons on
your desktop. As soon as you know the general one that you need to open, mentally

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click on that; and so on and so on until you find the window with the specific
information you need on it. This is how the brain actually organises the information
you have learnt, and is how Bill Gates developed the idea for Windows!

3. Identify and define the issues

Once you have determined the general area relevant to the question, you need to
determine the precise legal issue that is raised by the problem. This may require
preliminary research or, to continue the metaphor of the box above, this involves you
“clicking on” the relevant icons in your brain until you get to the specific area of law to
which the problem refers. It is often a good idea to formulate your issue in the form of a
question: eg “Is the contract voidable for undue influence, and if so, what remedies does
my client have?” The calibre of your answer (and indeed whether you answer the question
correctly at all) depends on a precise appreciation of the legal issue(s) to which the
question gives rise. You will invariably score more marks if you show a clear
understanding of what the legal issues are than if you indulge in vague generalisations
which suggest, for example, that you realise the question has "something to do with" the
creation of a legitimate contract.

How does one identify the issue?

It is difficult to give tips as to how to go about identifying the issue. It is a complex

process of analysis that depends on numerous factors, including your
research/preparation skills, your knowledge of the law, your comprehension skills,
your skills of reasoning and analysis, and your experience. But two complementary
factors need to be in place. First, you need to know your law. But secondly, you need
to understand those legal rules and principles you have studied. Those students who
try to study by “learning things off by heart” like parrots are generally bad problem
solvers. For them, information is like a list of telephone numbers in a telephone book
– mere information, but no more. So, to enhance your ability to solve problems, you
should always be asking, when you are reading/learning: “Do I understand this legal
rule/principle?” and “Can I imagine how it would work in its application?”

TIP 1: When reading and learning, try to imagine a problem scenario of your own, to
allow you to “see” how the rule or principle might apply to it. In that way, you create
your own basic problem to solve, and you will soon see if you understand the issues
raised by that specific area of law.

TIP 2: One of the easiest ways to comply with Tip 1 is to see the rule/principle
operate through the cases we ask you to read! We don’t give you cases to read just
to appear nasty or because we want to ruin your fun. Cases serve a critical purpose,
as each case is an example of a judicial officer having to solve a problem about a
specific legal issue on a given set of facts.

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 4. Identify the appropriate law and authorities

Knowing your relevant sources of law, and the law they articulate, is going to be very
important, as in any answer you will have to do some planning about which legal rules and
principles you need to explain, and provide authority for where these rules/principles come
from. To some extent, the process of identifying case and statute law relevant to the
question overlaps with the previous step. To crystallise the issue(s) posed by the question
it is necessary to know not only what authorities bear on the specific problem but also
precisely in what way they do so. Again, in a research assignment this process requires
research, but in a test or exam you will have to rely on your knowledge.

At this point, many students will be tempted just to write out a string of authorities (either
statutes or cases) or a string of elements that they know fall under that area of law. That
might be a helpful start, but you can’t stop there! If you do stop there, it is likely that your
written answer will end up looking the same: just a string of undifferentiated cases or a list
of legal rules.

So: you need to do some planning about how you are going to use these authorities, or
which one of the elements or rules is the one upon which you are going to have to focus
because it is the nub of the problem in your case. Due to constraints of either time or the
specificity of the question, you will not be able to write down absolutely everything you
know about each and every aspect of the law or authority remotely relevant to the issue
under discussion.

You will have to be selective and discerning. Which are the most appropriate legal
elements or authorities for this particular problem? If statute law applies, which parts, and
how should it be explained? If case law, how much of the case should you use in your
explanation? All these questions depend on the nature of the problem and the time
available, but in your planning you have to consider carefully which of these authorities are
relevant and appropriate, and how much detail you ought to go into when discussing them.

Some tips about planning for your statement of law and authorities

1. Think of the selection process in the following way: imagine that you have
been invited away for the weekend, and you know you only have a small bag
in which to pack clothes suitable for the nature and purpose of your weekend
trip, be it to the mountains, the sea etc. You have to stand in front of your
wardrobe and cupboards and make some careful and important choices,
because you simply cannot take every item of clothing you have. Selecting
which law you are going to describe, which authorities you are going to cite to
support your legal statements, and then planning how to use them is a very
similar exercise. You have to think and plan ahead.
2. Always caution yourself that you are going to be using an authority to explain
a legal rule or principle, and NOT to tell a story. This is especially true of case
law. You should be planning to use the facts of a case only for illustrative
purposes, if this is necessary to guide your argument. In so far as case law is
concerned, you should be thinking about the following questions: what were
the reasons for the court coming to its decision? What legal rules or principles
did the court rely on in coming to its conclusion, and how did it apply those? In
turn, how will I use that to reason out a solution to my set of facts?
3. How much you use of an authority depends on how relevant it is to the
problem. If you have a problem that is very similar to an authority you have
studied, then you will probably have to plan to explore that authority in some
depth, including some of its facts. However, if your question is a general one,
covering a whole lot of legal factors or elements, then your use of authority is

65
 likely to hone in on the principle or rule articulated by the authority, and the
name of the authority will simply back that up. This becomes easier with
experience.

5. Apply the law and authorities to the facts

Once you have, in your planning phase, identified the legal issues which arise on the facts,
and have identified the relevant law and authorities to which you will refer in your answer,
the next step is to think about how the law is going to apply to the facts. This is a critical
phase of your planning process, because this is really where you start answering the
question! Surprisingly, many students do not take this vital step when answering problem
questions. They offer textbook-like dissertations, perhaps give a list of cases, and leave
their examiners to draw their own inferences about what the answer might be. To do this is
obviously not to answer the question at all.

Instead, you must consider how the law/authorities apply to the facts that you have been
given. In simple terms, on these facts, on which side of the line does your client fall
(guilty/not guilty; liable/not liable etc) and why? This requires you to adopt a reasoning
process. How best can you use the law and authorities available to you in order to develop
an argument that indicates quite clearly where your client stands. Sometimes this may
simply be a matter of exploring a number of elemental requirements, and showing where
they are satisfied, or are deficient. Other times, it will be a more complicated process,
especially where there could be a number of possible arguments. But the key at this stage
is planning how you are going to get to your ultimate conclusion, and what that conclusion
is likely to be.

Do not think there will always be one absolute answer to the problem. Once again, law is
not like maths: there may be numerous ways of solving the problem, and which use any of
the authorities you might know. Think about real life: if there was always an absolute,
perfect answer, why would anyone ever litigate?

Building an argument

Planning and building an argument is very similar to constructing a building. Do you

have the right materials? Do you have a good foundation? Does everything fit
together seamlessly, layer by layer? Does it all culminate in a tidy finished product?
Think about it by analogy again. Would you start building a house by building the
roof first? Would you jump around from level to level indiscriminately, or would you
build one level after another in sequence? Again, building an argument is a similar
exercise.

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PHASE THREE: WRITE OUT YOUR ANSWER

To re-cap: only once you have done good planning are you in a position to start writing
your answer. Those who start writing straight away tend to produce bad answers, and get
bad marks. However, those who have planned carefully will now simply be in a position to
write out the answer in a largely seamless fashion. Most of the hard work will have been
done in the planning phase!

1. How to start your written answer

In writing an answer, clarity, conciseness and good organisation are all important. First
impressions are significant. A bad, sloppy or vague start to an answer is indicative of a
lack of planning, or someone who is confused or unsure what to say.

So: You are encouraged to start your answer with something like:

“The issue in this question is whether ….”

If you do this, you immediately begin in a focused fashion. It is also a good test of how
effective your planning phase has been. You cannot go any further than the word
“whether” unless you have actually gone and done your planning properly, since you will
have nothing further to say!

DO NOT:

 Start your written answer by re-writing the facts. This is a complete waste of
time, and you will get no marks at all for this. In fact, you simply make your
marker irritable.
 Start your answer with a conclusion, or use words like, “it is obvious that …”
or “it is clear that …”. This means you are starting your construction of the
house with the roof, to go back to the last analogy. It generally ends in
disaster because you start arranging your thought backwards, or assume
things because they seem self-evident to you, because you have already
revealed your view. It also often leads to contradiction: half way through your
answer, you change your mind, and then it all makes no sense at the end.

2. The “argument” phase: articulating your law and application

Cut to the chase and answer the question by explaining your argument!

Once again, this depends on good planning. If your plan is in place, it just means setting it
down in clear language. You now need to go about explaining your law and authorities,
and showing how these apply to the facts of your case. Once again, your focus is on
building an argument. You want to set everything out in such a fashion that you lead your
reader by the hand and take that reader with you every step of the way – so that ultimately
he or she cannot but agree with what you have said. Your skills in the use of language are
very important here, and are an important part of how you will be assessed. All the tips
that are set out in the section on planning need to be applied here with respect to use of
case law or statutory material.

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In setting down your argument DO NOT:

 Try to state all the law in the abstract first, and then try to apply it to the facts
under a separate heading. First, this results in a disjointed answer that tends
to be repetitive, because all the law tends to be explained twice: once to show
you know it, and twice to join it up to the facts. Secondly, it leads to people
trying to write down absolutely everything they know, rather than being
selective and building an argument. Finally, it leads to assumptions, or no
application at all: people think that just because they have stated the law, the
application is obvious – when that is the real test of skill, where the real big
marks come from! The best answers integrate the statement of a principle, the
reference to an authority, and an application to the facts, and then move on to
the next relevant issue.
 Tell stories! For the same reasons as indicated in the planning section, your
task is not to tell stories from the case law, but to explain rules and principles,
and how they apply to a given set of facts. I repeat the guidelines with regard
to case law in particular that were set out earlier: what were the reasons for
the court coming to its decision? What legal rules or principles did the court
rely on in coming to its conclusion, and how did it apply those? In turn, how
will I use that to reason out a solution to my set of facts?
 Ramble or woffle. Stick to your plan. If you are told to drive from
Grahamstown to Port Elizabeth, would you go via Cape Town? No! So don’t
do this sort of thing in an answer by going on tangents, getting distracted, or
writing down irrelevant information just for the sake of filling space.

3. The conclusion phase

At the end you will need to conclude your answer by advising your client what his or her
legal position is, and what remedies or recourse he or she might have in law. This is very
important – if you don’t do this, the rest of your answer will have little value. This is the
crux of your answer: it must explain to the client simply and clearly what the legal
consequences are, on the basis of your analysis of law and fact.

4. The checking phase

Wherever possible, try to check your answer, to see if it makes sense, needs correction, or
is deficient in any way. This may be more difficult in a test or an exam, but can still be
valuable in that sort of pressurised environment. Too often one sees a student finish an
answer, close the answer book, and stare into space. Upon marking the script, one finds
many silly errors that could easily have been fixed.

Where the checking process is most significant is where your problem-solving task is a
research task like an assignment. Many of your research assignments will be problem-
solving tasks. Here, checking is critical, as there is much less tolerance for sloppy
mistakes than in an exam situation. It is not good practice to be printing out your answer a
minute before the deadline. It is critical to give yourself good time for checking, and even
re-drafting, of answers to such problem questions.

Good luck, and keep practising!

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 LAW FACULTY REFERENCING GUIDE

1 INTRODUCTION

Please note that the approach to academic referencing in the Law Faculty is different from
what one finds in other academic disciplines. If uncertain about what to do, please look at
the examples given in this guide.

As far as layout is concerned, please follow the style that is used in this referencing guide.
Please note that the margins are justified, both in the text and the footnotes.1

2 REFERENCING IN THE TEXT

2.1 Structural approaches to referencing within an essay

2.1.1 Footnotes

Footnotes are made by placing a number in superscript next to the relevant word in the
body of the text, and where applicable, after a full stop or comma, eg , 10 or.10 not 10, or10.
A corresponding number appears at the bottom of the page and the reference is inserted
after the number, at the bottom of the page. Remember: a full stop must appear at the
end of each footnote and the footnote must be justified. This is the Faculty’s preferred
referencing method.

2.1.2 Endnotes

Endnotes are similar to footnotes, except that the reference corresponding to the number
appears on a separate page at the end of the text. Remember: a full stop must appear
at the end of each endnote.

2.1.3 Brackets

One may include each reference in brackets, within the body of the text, at the appropriate
point. This is acceptable, but it can clutter the essay and make it difficult to read. We do
not recommend this method.

2.2 Basic issues of style and punctuation

2.2.1 Quotations

Quotation marks are used where you quote the direct words of other authors, and indicate
that the passage you have quoted is not your own words. Double quotation marks should
be used (“ ”). Single quotation marks should only be used inside a quotation, where the
original author has in turn quoted a passage. Quotations should correspond exactly with
the original. Any changes or insertions should be indicated by using square brackets [ ].
Quotations that are three lines or longer in length should be separated from the text by
being indented, and placed in a separate paragraph. Footnote numbers should come at
the end of the quotation, after the quotation marks. For example:

Fagan said the following:

1 The only time that a footnote need not be justified is when a long Internet reference is used. Note further
that the font size of the footnotes differs from that of the main text.
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 “[I]f a parliamentarian acts without wrongfulness, it cannot therefore be because
he acts reasonably, but must be because there is a reason for the courts to
refrain from imposing liability upon him, notwithstanding the unreasonableness
of his conduct. The reason, as others say, is ‘one of policy’.”1

Note that the quotation marks in this instance come after the full stop (.”). The quotation
marks should be placed before the full stop (”.) only when the quotation forms part of the
sentence, eg: The reason, as others say, is “one of policy”.

If some text in a quotation is left out then three dots must be inserted in lieu of the missing
text, eg “… because there is a reason … to refrain from imposing liability….” Note the
spacing on either side of the dots, and note also that a full stop is added to the dots at the
end. So don’t do this: “…because there is a reason…to refrain from imposing liability…”

2.2.2 “Foreign” words and expressions

Words and expressions in Latin, or in any language other than English, should be
italicised, eg: culpa, bona fides, Grundnorm, ikhazi.

2.2.3 Capitalisation

Proper nouns and titles of books or journals must be correctly capitalised, eg: The Law of
Contract in South Africa; Die Onregmatige Daad in die Suid-Afrikaanse Reg; Judge
President; Chief Justice. Headings may either be capitalised (eg: “Basic Issues of Style
and Punctuation”) or set out, as in this referencing guide, without capitalisation. Choose a
method and apply it consistently throughout the essay.

2.2.4 Abbreviations

Standard abbreviations should be used, eg: section (s); sections (ss); subsection (subsec);
regulation (reg); regulations (regs); paragraph (para); paragraphs (paras); second edition
(2 ed); Judge (J); Acting Judge (AJ); Chief Justice (CJ); chapter (ch); compare (cf);
following (ff). Note that full stops are not used, ie not para. or A.J.

2.2.5 Page numbers

“Page” “p” or “pp” should not precede page references. In references to cases, Acts,
textbooks and journals, consecutive page numbers should be referenced fully, eg: 165-
169, not 165-9 or 165-69 or pp165-169.

2.3 What to include in a reference

2.3.1 Textbooks

2.3.1.1 When an author’s work is cited for the first time, the following information must
be supplied in full: Author’s initials and surname Title of Book edition (date of
publication) page where the information was found. No “at” or “p” or “pp” or
“page” is required. For example: AJ Kerr General Principles of the Law of
Contract 6 ed (2002) 456.2

Note:3

2 Note that there are no full stops after the initials, ie AJ Kerr, not A.J. Kerr.
3 Note that the numbering below has changed to (a), (b), etc. Do not continue with numbers beyond four
digits: 2.3.1.1 is the limit in this instance.
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 (a) If a book is in its first edition, one not need to say so – it will be implied.

(b) Where there are two authors cite both, eg: JC van der Walt and JR Midgley
Principles of Delict 3 ed (2005) para 46. Do not use “et al” (which means “and
others”) in such instances, ie do not cite this work as “Van der Walt et al”.

(c) Where a work has several co-authors list the main author (usually the first
author named on the spine) and write et al after his/her name.4

(d) Some works are compiled by a general editor, but comprise chapters or
volumes written by different authors. The classic example would be the LAWSA
collection. In such an instance, use the following format: Author’s initials
Surname of the particular author consulted “Title of the chapter or volume of the
book” in editor’s initials editor’s surname (ed) Title of book/series Volume of
series [if applicable] (year of publication) and the paragraph containing the
information. For example: RH Christie “Contract” in WA Joubert (ed) LAWSA Vol
5(1) (1994) para 123.

2.3.1.2 When one refers to a textbook for the second, or a subsequent time, there is
no need to rewrite all the information contained in the first reference. In such
instances, write the author’s surname, an abbreviated title of the work
(remember, it must be italicised!), and the precise page or paragraph at which
the information was obtained. For example: Kerr Contract 471; Van der Merwe
et al Contract 345; Christie LAWSA Vol 5(1) para 23.

2.3.2 Journal articles

2.3.2.1 When a journal article is referred to for the first time, provide the following
information: Author’s initials and surname “title of the article” year Title of journal
page where article starts, followed by the exact page from where the information
was obtained. No “p” or “pp” or “page” is required. For example: E Fagan “The
Longest Erratum Note in History” (1996) 12 SAJHR 79 at 81-83.

Note:

(a) Journal titles always appear in italics.

(b) Article titles always appear in quotation marks (“ ”); they are NOT underlined or
italicised.

(c) Where there is a volume and a year number, the year is placed in brackets,
followed by the journal number, eg: (2002) 119 SALJ 79. In cases where there is
no volume listed on the spine, cite only the year, eg: 1995 Acta Juridica 66.

(d) It is standard practice to abbreviate the names of well-known journals. For

example:
SALJ – South African Law Journal
THRHR – Tydskrif vir Hedendaagse Romeins-Hollandse Reg
SAJHR – South African Journal on Human Rights
TSAR – Tydskrif vir die Suid-Afrikaanse Reg
CILSA – Comparative and International Law Journal of Southern Africa

A more detailed list of abbreviations is reproduced below.5

4 The full list of names must be cited in the bibliography.
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 (e) Some journals are never abbreviated, eg the Acta Juridica journal, or Speculum
Juris.

(f) The word “at” should be inserted between the reference to the initial page of the
article and the actual page where the information is found, eg, as in the above
example: 79 at 81-83.6

2.3.2.2 An abbreviated reference is used when an article is referred to for a second or

subsequent time. Cite the surname of the author, the date and abbreviated
name of the publication (in italics), and the precise page from whence the
information was obtained. For example: Fagan 1996 SAJHR 84.

Note:

(a) In this instance there is no need to cite the initial page, nor to use the word “at”.

(b) Do not use the words “op cit” or loc cit”, or similar terms. The word “ibid” is used
only when reference is made to the exact page in the footnote immediately
above.

2.3.3 Citation of cases

2.3.3.1 The Faculty’s preferred option is the SALJ style of citation 1967 (2) SA 456 (N);
1996 (3) All SA 345 (T); [1999] 11 BCLR 777 (D)7  but whichever style is
adopted, be consistent throughout the essay. If there is a reported citation, this
should be used in preference to a neutral (or SAFLII) citation (eg [2013] ZASCA
34). The SAFLII website does contain any law report citations there may be for a
case you find with a neutral citation, so it is not difficult to source the official law
report citation, if one exists. Use neutral citations only if there is no law report
citation. See the list of abbreviations for SAFLII references in 6 below.

2.3.3.2 The names of the reports are not italicised, ie BCLR not BCLR.

2.3.3.3 Specific page references should not be preceded by an “at”: 1978 (3) SA 234
(A) 237D-G.

2.3.3.4 If paragraphs are referred to, simply say “para 34”: 1999 (2) SA 199 (CC) para
34.

2.3.3.5 When a case is referred to for the first time in the text, give it its full title in italics
(eg James v John). The words “and Another”, or “and Others” in the title of the
case should be omitted. The full citation, excluding the title, should then appear

5 See para 4.
6 This is the only instance in which the word “at” is inserted, the reason being to avoid confusion by
separating the numbers.
7 As a general rule of thumb, Butterworths reports (except for the Constitutional Law Reports) have square
brackets around the year [1995] and Juta reports have round brackets around the volume. For example:
Butterworths Constitutional Law Reports = 2004 (2) BCLR 102 (CC); The All South Africa Law Reports =
[2004] 2 All SA 155 (W); Butterworths Labour Law Reports = [2004] 2 BLLR 155 (LAC); Butterworths
Arbitration Awards = [2004] 2 BALR 155 (CCMA); Judgments On-line = [2004] JOL 3437 (D);
Butterworths Human Rights Cases = [2004] 2 BHRC 155 (Ch); South African Law Reports = 2004 (2) SA
155 (C); South African Constitutional Law Reports = 2004 (2) SACLR 155 (C); South African Labour Law
Reports = 2004 (2) SALLR 155 (C); South African Tax Cases = 68 SATC 155.
72
 in a footnote. For example: The leading case is Anglo Carpets (Pty) Ltd v
Snyman.8

2.3.3.6 When a case is referred to for a second or subsequent time, simply give the
title or abbreviated title of the case, and the precise place from whence the
information was obtained. There is no need to use the words “supra” or “op cit”
in such instances. For example: In Anglo Carpets v Snyman9 Coleman J also
said…

2.3.3.7 Where a case is not mentioned in the main text, include all the relevant
information (case title and case citation) in the footnote. Again, there is no need
to use the words “supra” or “op cit”. For example: A number of authorities
support this proposition.10

2.3.4 Citation of statutes, bills, law reform commission reports, regulations and Rules of
Court

2.3.4.1 Acts of Parliament are referred to by their name, number and year. The title of
the Act11 must not be italicised, eg: Magistrates’ Courts Act 32 of 1944 or
Criminal Procedure Act 51 of 1977.

2.3.4.2 When an Act is mentioned for the first time, give it its full title, and cite the
number and year in the footnote. For example: According to s 23(b) of the
Magistrates’ Courts Act,12 applications must be in writing.... Note that the
Constitution is cited as “The Constitution of the Republic of South Africa, 1996”.
(Since 2005 it is incorrect to refer to the Constitution as “Act 108 of 1996”: see
the Citation of Constitutional Laws Act 5 of 2005.)

2.3.4.3 For every subsequent reference, simply give the name of the Act, without any
further detail. There is no need to refer to the number and year again.
References can be confined to the relevant section (s) or sub-section (subsec)
under discussion. For example: Later, the Magistrates’ Courts Act 13 also
provides that...

2.3.4.4 Bills before Parliament which have not yet been passed into law as Acts are
referred to in a similar fashion to Acts; ie by name, number and year. The
convention is to refer to the Bill in the format of the following example: The
Rhodes University (Private) Bill B-09 of 2008.

2.4.4.5 Reports of the Law Reform Commission should be cited by number of project,
title of project; page. For example: South African Law Reform Commission
Project 190: Report on Gun Control in Rural Areas 45. If the document is not the
final Report, but is a Working Paper or a Discussion Paper, replace “Report”
with either “Working Paper” or “Discussion Paper” in the title. No author needs
to be named or identified.

2.3.4.6 A set of regulations is cited as follows: name of set of regulations, notice type,
notice number, Government Gazette number and date of the notice’s

8 1978 (3) SA 582 (T) 589J.

9 590B. Note that although the case name is italicised in the main text, the footnote number in the main
text is not italicised.
10 See Jones v Sithole 2000 (4) SA 234 (SCA) para 25; Anglo Carpets v Snyman 590B.
11 Note that the word is capitalised: “Act” not “act”.
12 Act 32 of 1944.
13 s 31(1).
73
 publication. For example: Labour Relations Regulations, GN R1442,
Government Gazette 25515, 10 October 2003.

2.3.4.7 Where Rules of Court are referred to, state the set of rules, the Act under which
they were published and the rule number. For example: Rule 7 of the Uniform
Rules of Court, Supreme Court Act 59 of 1959.

2.3.5 Referencing information from the Internet

The Internet14 is a research tool just like a textbook or a journal and one is expected to
reference Internet material:15 Author’s initials and surname16 “Title of the article or page”
the web-site where the information was found [accessed on a certain date]. For example
JY Mokgoro “Ubuntu and the Law in South Africa” (1998) 1 Potchefstroom Electronic Law
Journal http://www.puk.ac.za/fakulteite/regte/per/issue98v1.html (accessed 20 November
2006) or P Frankel and R Rose “Is Trade Good or Bad for the Environment?”
http://papers.nber.org/papers/w9201.pdf (accessed 23 November 2006). Subsequent
references need simply refer to Mokgoro “Ubuntu” or Frankel and Rose “Is Trade Good or
Bad for the Environment?”

Please note that it is not acceptable to simply refer to the database from which you got
your information; eg “MyLexisNexis” or “Hein-on-line”. A proper reference to the
appropriate source (whether it was a book, journal article, case, statute or regulation) that
you found IN that database must be given. You should give the standard textual reference
or citation cases where you have read something from a database of cases or journals,
and not a webpage reference.

2.3.6 Theses

Provide the author’s surname, the Title of the thesis (in italics), and then, in brackets, the
type of thesis, the institution, and the date. Thereafter give the page from whence the
information came. For example: WH Jansen The Undisclosed Principal (LLD thesis, RAU,
1997) 34. In subsequent references, simply say: Jansen The Undisclosed Principal 35.

2.3.7 Old authorities (Roman and Roman-Dutch law)

Consult 1985 THRHR 125 for the correct citations when old authorities such as Voet,
Grotius, Van Leeuwen, Van der Linden etc are used. The Digest is generally referred to by
its abbreviated title, plus the specific reference, eg: D 4.2.2.

2.3.8 Newspaper articles

Newspaper articles are generally referred to by the title of article, title of newspaper (in
italics), date and page number (if available). For example: “Death Penalty Given the Boot”
Sunday Times 12 April 1995. If the newspaper was sourced from the Internet, this should
be reflected. For example: “Death Penalty Given the Boot” Sunday Times 12 April 1995
http://www.suntimes.co.za/articles/1241995.html (accessed 16 July 2005).

3 THE BIBLIOGRAPHY

3.1 Introduction

14 The word is capitalised: “Internet”, not “internet”.

15 Most contraventions of the University’s plagiarism policy involve Internet sources, so please ensure that
both the Faculty Reference Guide and the Faculty Plagiarism Policy are adhered to.
16 Where the author is not mentioned, refer to the author as “Anonymous”.
74
Every piece of written work must contain a bibliography. A bibliography is a list of all the
works consulted for the essay or assignment and appears, separately, at the back of the
essay. Every work consulted must appear in the bibliography – those referred to in the
main body of the essay and also any other books consulted, even if not cited in the essay.

3.2 General requirements

The bibliography should contain all the textual sources to which referred in compiling the
essay. This means textbooks, treatises and monographs, journal articles, Internet sources
and newspaper articles. A Table of Cases and a Table of Statutes should not be
included in the bibliography. It is sufficient to cite them in the text of the essay. All works
must be listed in alphabetical order according to authors’ surnames,17 under the following
headings:

3.2.1 Books

Author’s name or initials (depending what is reflected in the book) 18 Author’s surname Full
Title (in italics) edition (year of publication) publisher: place of publication. For example:
RW Lee The Elements of Roman Law 4 ed (1956) Sweet and Maxwell: London; RH
Christie “Contract” in WA Joubert (ed) LAWSA Vol 5(1) (1994) Butterworths: Durban.

Multiple authors are cited as they appear in the book, not alphabetically. For example: S
van der Merwe, LF van Huyssteen, MFB Reineke, GF Lubbe and JG Lotz Contract
General Principles 2 ed (2003) Juta: Cape Town.19 Note that the bibliography style differs
from the citation method in the text.20 In the bibliography, all the authors are cited, with
their initials, and the publisher and the place of publication are added.

3.2.2 Journal articles

Author’s initials Author’s surname “Full title of the article” year of publication of the journal
(in brackets) volume of the journal Title of the journal [in italics] starting page number of
the article. For example: JR Harker “The Mandement van Spolie in Private and Public
Law” (1988) 105 SALJ 186. Note that the bibliography style differs from the citation
method in the text.21 In the bibliography, all the authors are cited, with their initials.

3.2.3 Internet sources, theses, old authorities and newspaper articles

The same referencing style as that used in the text should be adopted. 22 If available, the
initials of the author should be inserted in the bibliographical entry, for the sake of
consistency with other entries.

4 CURRENT COURT NAMES AND ABBREVIATIONS

Since the passing of the Superior Courts Act 10 of 2013, the courts names of the various
divisions of the high court are outlined in the table below. The previous names of these
courts (relevant for older reported case law) are referred to in brackets:

Name of court (former name in brackets) Abbreviation (former

17 See fn 4.
18 This differs from the way in which an author is cited in the main text and footnotes.
19 Note that full stops are not used after initials. One may, however, separate the initials with a space, if
one prefers.
20 See para 2.3.1.
21 See para 2.3.2.
22 See paras 2.3.5, 2.3.6, 2.3.7 and 2.3.8.
75
 abbreviation in brackets)
Eastern Cape High Court, Bhisho (Ciskei High Court) ECB (Ck)
Eastern Cape High Court, Grahamstown (Eastern Cape Provincial Division) ECG (E)
Eastern Cape High Court, Mthatha (Transkei High Court) ECM (Tk)
Eastern Cape High Court, Port Elizabeth (South Eastern Cape Local Division) ECP (SE)
Free State High Court, Bloemfontein (Orange Free State Provincial Division) FB (O)
KwaZulu-Natal High Court, Durban (Durban and Coast Local Division) KZD (D)
KwaZulu-Natal High Court, Pietermaritzburg (Natal Provincial Division) KZP ( N)
Limpopo High Court, Thohoyandou (Venda High Court) LT (V)
North Gauteng High Court, Pretoria (Transvaal Provincial Division) GP (T) (GNP)
North West High Court, Mafikeng (Bophuthatswana High Court) NWM (B)
Northern Cape High Court, Kimberley (Northern Cape Provincial Division) NCK (NC)
South Gauteng High Court, Johannesburg (Witwatersrand Local Division) GJ (W) (GSJ)
Western Cape High Court, Cape Town (Cape Provincial Division) WCC (C)

The Constitutional Court was established in 1994 and its current abbreviation is CC.

The current Supreme Court of Appeal’s abbreviation is SCA. Previously it was referred to
as the Appellate Division of the Supreme Court, with its abbreviation A.

5 SAFLII ABBREVIATIONS

Researchers increasingly refer to court decisions by means of neutral citations, which

become available at www.saflii.org before the case is reported in published law reports.
The court abbreviations for the SAFLII neutral citations are as follows:

Name of court SAFLII abbreviation

Constitutional Court ZACC
Supreme Court of Appeal ZASCA
Eastern Cape High Court, Bhisho ZAECBHC
Eastern Cape High Court, Grahamstown ZAECGHC
Eastern Cape High Court, Mthatha ZAECMHC
Eastern Cape High Court, Port Elizabeth ZAECPEHC
Free State High Court, Bloemfontein ZAFSHC
KwaZulu-Natal High Court, Durban ZAKZDHC
KwaZulu-Natal High Court, Pietermaritzburg ZAKZPHC
Limpopo High Court, Thohoyandou ZALMPHC
North Gauteng High Court, Pretoria ZAGPPHC
North West High Court, Mafikeng ZANWHC
Northern Cape High Court, Kimberley ZANCHC
South Gauteng High Court, Johannesburg ZAGPJHC
Western Cape High Court, Cape Town ZAWCHC
Competition Appeal Court ZACAC
Electoral Court ZAEC
Equality Court ZAEQC
Labour Appeal Court ZALAC
Land Claims Court ZALCC

6 GENERAL ABBREVIATIONS

The list contains useful abbreviations which you may come across in your studies:

AD Appellate Division Reports

AN Administrator’s Notice
All SA The All South African Law Reports
BALR Butterworths Arbitration Law Reports
BCLR Butterworths Constitutional Law Reports
BIP Burrell’s Intellectual Property Law Reports
BLLR Butterworths Labour Law Reports
BN Board Notice

76
BP Burrell’s Patent Law Reports
CC Constitutional Court
CCC Canadian Criminal Cases
CCMA Commission for Conciliation, Mediation and Arbitration
CTR Cape Times Reports (SA)
CILSA Comparative and International Law Journal of Southern Africa
CL,SA Current Law
CP Court of the Commissioner of Patents
CPD Cape of Good Hope Provincial Division Reports
De Jure De Jure
DR De Rebus
E Decision of the Eastern Cape Provincial Division
EA East African Reports
EDC Eastern Districts Court Reports
EDL Eastern Districts Local Division Reports (SA)
FC Decision of the Rhodesian Federal Court
GW Decision of the Griqualand West Local Division
GN General Notice
HC High Court
HSRC Human Sciences Research Council
HRCLJ Human Rights and Constitutional Law Journal of Southern Africa
ILJ The Industrial Law Journal
IMSSA Independent Mediation and Arbitration Society of Southern Africa
ITC Income Tax Cases
ITR Income Tax Reporter
JBL Juta’s Business Law
JJS Journal for Judicial Science
LAWSA The Law of South Africa
LAC Labour Appeal Court
LC Labour Court
LCC Land Claims Court
LHR Lawyers for Human Rights
LRA Labour Relations Act 28 of 1956/ Labour Relations Act 66 of 1995
MB Modern Business Law
MN Municipal Notice
ON Official Notice
P Private arbitration
PAB Publications Appeal Board Reports
PH Prentice Hall
PN Provincial Notice
PrN Premier’s Notice
Proc Proclamation
SA South Africa Law Reports
SACC/SASK South African Journal of Criminal Law and Criminology
SACJ South Africa Journal of Criminal Justice
SACR South African Criminal Law Reports
SAJHR South African Journal of Human Rights
SALJ South African Law Journal
SAPL South African Public Law
SATC South African Tax Cases
SC Decision of the Supreme Court or Cape Supreme Court Reports (SA)
SCA Supreme Court of Appeal
SECLD Decision of the South Eastern Cape Local Division
Stell LR Stellenbosch Law Review

77
SWA South West Africa Reports or decision of the South West Africa
Supreme Court
TH Transvaal High Court Reports
TPD Transvaal Provincial Division Reports
TS Transvaal Supreme Court Reports
THRHR Tydskrif vir Hedendaagse Romeins-Hollandse Reg
TJO The Judicial Officer
TM The Magistrate
TSAR Tydskrif vir die Suid-Afrikaanse Reg (Journal of South African Law)
W Decision of the Witwatersrand Local Division or Weekblad van het
Recht (The Netherlands)
WLD Witwatersrand Local Division Reports
ZHC Zimbabwe High Court
ZSC Zimbabwe Supreme Court

78
 PLAGIARISM
The University’s policy on plagiarism can be found at
http://www.ru.ac.za/rhodes/governance/rupolicies/

1 EXTRACTS FROM THE UNIVERSITY POLICY ON PLAGIARISM

1.1 Definition

Plagiarism, in an academic, university context, may be defined as taking and using the
ideas, writings, works or inventions of another, from any textual or internet-based source,
as if they were one’s own. This definition covers a wide range of misdemeanours such as:
using the direct words of another without using quotation marks (even if the passage is
referenced); the unacknowledged copying of a sentence or two of text; copying more
extensive blocks of text; the syndication of a single piece of work by more than one
student (unless the assignment task is a legitimate group assignment); the borrowing and
using of another person’s assignment (with or without their knowledge and permission);
stealing an entire essay from another student or from the Internet; or infringing copyright.
For the purposes of this policy, the intention, negligence or innocence of the student is not
relevant to the finding as to whether plagiarism, as a fact, has occurred. However, the
state of mind of the student will be highly significant in determining how to deal with the
case as far as taking remedial action or imposing a penalty is concerned.

1.2 Departmental responsibilities

An educational reality is that many of the current generation of students are not familiar
with the academic conventions that lecturers expect of the work that students submit for
assessment. This includes presentation conventions, referencing conventions and the duty
not to plagiarise the works of others.

Departments need to acknowledge the importance of their own role in students’ acquisition
of academic discourse and are responsible for taking active steps to provide students with
an explanation as to why, as well as how, sources may be used and cited in building
academic knowledge. It must be recognised that these standards need to be taught to
students and that students from all educational backgrounds may need time to become
familiar with them. In addition, because the nature of referencing and plagiarism may be
context specific, individual Departments are responsible for ensuring that students fully
understand the nature of legitimate academic practice, of what constitutes a illegitimate
practice, and the potential consequences of such conduct, in that particular discipline.

In this regard, departments should ensure that:

 The departmental handbook includes general information about the nature of

plagiarism, references to the University’s policy on plagiarism, and indicates that
plagiarism is considered to be a serious academic transgression.
 The departmental handbook informs students as to how material from such
sources as books, articles, the Internet and the work of other students, may and
may not be used in the preparation of assignments. Departments are encouraged
to refer students and staff to the very useful guide to information literacy to be
found on the Library website at http://www.ru.ac.za/static/library/infolit/.
 Such information is referred to in the course material provided to students.
 Dedicated training is undertaken in the formal procedures to be followed in the
acknowledgement and citation of the source of material. It is not enough to expect
students simply to read and to understand a lengthy and complicated handout or
79
 handbook. Such training could occur either in lectures or during the regular tutorial
programme or in specialised sessions designed for this purpose.
 Such training should not simply occur at the first year level, but must be reinforced
at second and third year level, and also at the postgraduate level. Since students
enter Rhodes at all academic levels, it cannot be taken for granted that such
students will have received equivalent training, or will have experienced the usual
first-year training that most departments offer.
 Students are alerted to the nature of plagiarism, are informed that it constitutes a
serious offence, and are informed about the disciplinary procedures that are in
place for dealing with suspected cases.
 Where it is appropriate (usually where a student is new to the university, or does
not understand plagiarism), cases of plagiarism are dealt with sensitively and by
means of counselling and education, rather than simply by imposing sanctions.
 Guidelines as to the extent of the loss of marks and other penalties for plagiarism
(where such are appropriate) are published by departments and are made
available to the students in the departmental handbook. Such guidelines should be
in accordance with the grid in Annexure D of the Senate Policy.
 Students include an appropriate declaration in work that they submit indicating that
it is their own work. (For a generic template that may be adapted by departments to
suit their specific needs, see Annexure B of the Senate Policy.)

1.3 Disciplinary procedures

The various procedures applicable to dealing with suspected cases of plagiarism are as
follows:

There are three graded categories of plagiarism – categories A, B and C. Where a

member of staff is unsure (a) whether plagiarism has been committed at all, or (b) into
which category a case of suspected plagiarism might fall, that staff member should consult
the Head of Department (or his nominee) for assistance. It must be remembered that
many assessors of student work are students themselves, and/or may be inexperienced
and unsure of what plagiarism is, and how it should be dealt with.

Category A offences

Category A offences constitute first time, minor infringements, and are usually handled by
the staff member who detects the offence. However, in circumstances where the assessor
is a student tutor or demonstrator, it may be appropriate for the matter to be dealt with by
the lecturer in charge of the course, or the course co-ordinator, to provide the necessary
authority. In cases where the student is new to the University, and/or if it is apparent that
the student has committed such plagiarism because of a lack of understanding of what is
required, the student should usually be counselled by the staff member concerned: the
problem should be explained, the correct practice should be encouraged, and the student
should be warned of the serious consequences of committing plagiarism again. This
practice would reflect the importance of our educative role as far as plagiarism is
concerned. In some cases it might be appropriate to ask the student to re-do the work to
demonstrate that he or she has learnt from the experience. Additionally, if it is appropriate,
a mark penalty could be imposed. If a penalty is imposed, the relevant staff member
should indicate the amount of the penalty and the reasons for this penalty on the
assignment or assessment form.

If a student wishes to challenge the finding and the penalty for a category A offence, the
student is entitled to appeal to the Head of Department, who must refer the matter to the
Departmental Plagiarism Committee for a hearing. (For the procedures to be followed at
the hearing, see below.) The student should be informed that the Departmental Plagiarism
80
Committee will hear the matter afresh, and is entitled, in the event of finding that
plagiarism has been committed, to impose its own penalty, which may be more onerous
than that imposed by the lecturer.

Category B offences

Category B offences relate to repeated offences of a minor nature, or to relatively minor

offences at a more senior academic level than first year, or to first time, more serious
offences, where the offence would not attract a penalty of more than the loss of a DP
certificate. Where a member of staff is uncertain as to whether an alleged case of
plagiarism constitutes a category A or B offence, this matter should be discussed with the
Head of Department, and a decision should be taken that is consistent with previous
practice in the department. In large departments, Heads of Department may delegate this
role to a senior member of staff.

If a category B offence is detected, the matter must be referred to the Head of Department
or nominee, who must refer the matter to a Departmental Plagiarism Committee for a
hearing.

Category C offences

These refer to extremely serious offences. See the Senate Policy for details.

2. Examples of Plagiarism

The University’s Policy on Plagiarism provides some general examples of forms of

plagiarism, which any student may consult for guidance. What follows below are examples
pertinent to law students, of what should and should not be done.

Original Source: Hahlo and Kahn The South African Legal System and Its Background
(1968) 350-351.

“In Roman times, the law of succession in the modern sense did not yet exist. The more
intimate personal belongings of the deceased – his sword, shield, clothes and jewels –
were burnt or buried with the body. Everything else passed to the eldest son, who as the
new head of the family, stepped into the deceased’s shoes as regards rights and
liabilities.”

Student 1 (Mr DP Removed) Foundations of Law Essay, 2009

In Roman times, the law of succession in the modern sense did not yet exist. The more
intimate personal belongings of the deceased – his sword, shield, clothes and jewels –
were burnt or buried with the body. Everything else passed to the eldest son, who as the
new head of the family, stepped into the deceased’s shoes as regards rights and liabilities.

Comment: The passage is copied, word-for-word, from the original source, without
acknowledgment. This is the classic example of plagiarism. If a student believes a
passage is so elegantly written that it cannot be improved, the student is entitled to use it,
provided it is placed in quotation marks and the author is correctly cited. However, such
quotations (particularly lengthy ones such as this) should be used very sparingly.

Question: What happens if you put a correct reference at the end of this sentence above,
but fail to put the words in quotation marks. Is this acceptable, or not?

81
Answer: NO, it is NOT acceptable just to copy someone’s words, as above, and then put
a reference at the end, if you have not put the words you have borrowed in quotation
marks. The reference will not rescue you. Wherever you use the direct words of others,
quotation marks must be used to indicate that the words are in fact the work of others. The
reference is not enough, as you would be suggesting that the mere idea alone (not the
specific words) come from someone else – which, in this situation, would clearly be untrue.
See 4.5 below.

Student 2 (Ms Lazy Writer) Foundations of Law Essay, 2010

In Roman ages, the law of succession in its developed sense did not yet exist. The
personal belongings of the dead man – for example, sword, shield, clothing, jewels – were
burnt or buried with the body. All other property passed to the eldest son, who, as the new
head of the family, stepped into the dead man’s shoes as regards rights and liabilities.

Comment: Apart from a few cosmetic changes of words and punctuation, the passage, in
content and structure, is clearly taken wholesale from the original source. This remains
an example of plagiarism, although not as bad as that of Student 1. If a student
wishes to use lengthy direct extracts from the original, again, the direct extracts should be
placed in quotation marks, and the author must be correctly cited. It is preferable, of
course, to put the material in one’s own words.

Student 3 (Ms Diligent Achiever) Foundations of Law Essay, 2008

During the classical period of Roman Law, the law of succession with which we are
familiar today in South Africa had not yet evolved. As Hahlo and Kahn (The South African
Legal System and its Background (1968) 350-351) point out, the approach adopted by the
Romans was far more simple – a system of primogeniture prevailed, whereby all the
deceased person’s property was handed down to the eldest son, and the son took upon
himself all the assets, powers, rights and duties of his father. It was only the deceased’s
highly personal belongings, such as, for example, his sword, that would be buried in the
grave, or burnt on the funeral pyre, and would accompany the deceased on his journey to
the underworld.

Comment: Almost nothing remains of the original text – the work is entirely recast in the
student’s own words, and additional information is added. However, the student clearly
used Hahlo and Kahn’s book as a research resource, and has therefore acknowledged the
source of her information in the text, to show what her source was. This would be an
example of how an essay should be produced.

82
3 The Law Faculty Plagiarism Committee

The Deputy Dean will be responsible for referring category B cases, and category A cases
where the student requests a hearing, to a hearing within the Faculty. The Senate Policy
requires that the investigation and hearing of the case must be completed within 15 days
of the matter being reported. At the first administrative meeting of the year, the Faculty
shall appoint a Plagiarism Panel, comprising four members of the academic staff
(excluding the Dean and Deputy Dean). Each case shall be heard by a Plagiarism
Committee comprising two of the members of this Panel. The Deputy Dean shall appoint
the members of the Committee for each case of alleged plagiarism, and shall also
determine which member of the panel will chair the hearing. The Deputy Dean should
choose the Panel and the Chair on a rotational basis. A staff member who detects and
reports the case of plagiarism may not sit on the Committee selected to deal with that
particular offence. In the event that there are insufficient members of the Panel available to
hear a particular case, the Deputy Dean shall appoint other member(s) of staff as
temporary Panel member(s).

The Deputy Dean should inform the Faculty Administrator that a matter has been referred
to a hearing, and who the Chair for the particular case is to be.

The Committee will hear plagiarism cases in terms of the guidelines laid down in the
University Policy. The Chair of the Committee, once appointed, has the following
responsibilities:

Before the hearing, the Chair must:

 arrange a hearing date and time in consultation with the staff member who
reported the matter initially, and the student(s);
 formally notify the student(s) in question in writing of the allegation(s) and the date,
time and place of the hearing;
 ensure that the student(s) are placed in possession of the necessary
documentation, such as copies of the allegedly plagiarised work;
 ensure that the Faculty Administrator receives copies of the correspondence and
the documentation to be provided to the student(s), for the Faculty’s records.

The Chair of the Committee is entitled to the assistance of the Administrative Staff for the
purposes of having correspondence drawn up or documentation photocopied. The Chair
may also request the Administrative Staff to contact the students, to collect
correspondence and documentation, and to sign for such correspondence and
documentation.

At the time of the hearing, the Chair must:

 chair the hearing of the Committee into the matter, in accordance with the
procedures set down in the University’s Plagiarism Policy, and the rules of natural
justice;
 inform the student of the findings made by the Committee.

83
After the hearing, the Chair must:

 write up the finding within two days of the hearing being concluded. The finding
must be forwarded to the Faculty Administrator;
 produce an edited version of the findings, which is to be posted on noticeboards, to
ensure that no sensitive or personal information is made public.

Responsibilities of the Faculty Administrator

The Faculty Administrator shall:

 format and date the original version of the finding, place it under a Faculty
letterhead, have the document signed by the members of the Committee, and
thereafter send it to the student(s) concerned;
 provide the Deputy Dean with a copy of the finding;
 provide the lecturer who reported the case with a copy of the finding;
 place a copy of the finding together with the earlier documentation in the Faculty’s
file, as a record of proceedings;
 maintain an adequate filing system for record-keeping purposes;
 publish the edited findings on notice boards, for the information of the student
body;
 send a copy of the finding to Academic Administration for capturing on the Protea
system.

In cases where the plagiarism falls into category C, the Deputy Dean, in consultation with
the Dean, must refer the matter to the Senate Standing Committee on Plagiarism, through
the office of the Dean of Teaching and Learning.

3.1 Law Faculty Guidelines on the Consequences of Plagiarism

The Senate Policy adopts certain guidelines with respect to plagiarism cases. The Law
Faculty adopts these as its guidelines. These guidelines will generally be followed unless
there are clear indications that the application thereof will lead to injustice on the particular
facts of the case, in which case the Committee has the discretion to depart from these
guidelines.

It is not possible to replicate the entire grid of guidelines here. Please see Annexure D of
the Senate Policy. The Guidelines will be published on the notice boards in the Law
Faculty for the information of students, as well as on the Faculty website, the Jackal server
and on RUConnected.

3.2 Copy and Paste Assignments: A reminder

“Copy and paste” assignments are NOT acceptable. Copy and paste assignments can
occur in one of three ways:

1. The student copies the words of others, without any referencing, to suggest the
work is his or her own. This is classic plagiarism, and will be firmly dealt with.

2. The second form of copy and paste essays occurs where the student (to a greater
or lesser degree) has simply cobbled together a whole lot of referenced, but copied
passages of others as the content of their assignment, but has not used quotation
marks to indicate what has been copied from another source. This does amount to
plagiarism. This sort of conduct is unacceptable because the essay is (in significant
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 parts, or entirely) not the student’s own work, but suggests in a misleading way that
it is. A mere reference next to the copied words of others does not entitle a student
to copy another person’s words. Quotation marks must be used where the direct
words of others are used in an essay.

3. The third type of copy and paste essay is where the essay is simply comprised of
an excessive number of passages that have been correctly quoted and referenced.
This would not amount to plagiarism, but would still not be acceptable. The Essay
must reflect the student’s own understanding of the issue, in the student’s own
words. Lecturers cannot mark the words of others – they wish to see the student’s
own understanding of the material. Please use direct quotes sparingly.

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 SECTION F: AWARDS, PRIZES, BURSARIES AND
SCHOLARSHIPS
CRITERIA FOR ACADEMIC AWARDS
1 DEAN’S LIST

LLB students who have produced above-average academic performances will receive
recognition for their efforts by being placed on “The Dean’s List”. No financial awards
attach to this honour, but students will be presented with an appropriate certificate.

The criterion for placement is:

 65% average in all the subjects taken in any one year of the LLB registration,
provided that the student has results in at least 12 semester courses, or the
equivalent, in that year. A candidate who has obtained an average of 64.5% or
above will be regarded as having met the 65% standard.

2 LLB WITH DISTINCTION

 Class 1 in 12 semester courses or their equivalent for which a candidate was

registered in the penultimate and final years of study; and

 An aggregate of at least 70% in all courses for which the candidates had been
registered in the penultimate and final years of study. For the purposes of calculating
the aggregate, the percentage of a full course shall carry double the weight of that of
a semester course. A candidate who has obtained an average of 69.5% will be
regarded as having met the 70% standard.

3 AWARD OF COLOURS

 For an award of Half Colours a candidate must have obtained first class passes in
at least 6 semester courses or their equivalent in either the penultimate year of study
or first class passes in at least 6 semester courses or their equivalent in the final year
of study; and obtained an aggregate of at least 70% in all the courses in the
academic year for which the candidate had been registered. A candidate who has
obtained an average of 69,5% or above will be regarded as having met the 70%
standard.

 For an award Colours a candidate must have been awarded the LLB degree with
distinction.

4 AWARD OF HONOURS

 For an award of Honours a candidate must have been awarded the degree of LLB
with distinction and have obtained an aggregate of at least 75% in all the penultimate
and final year courses for which the candidate had been registered. A candidate who
has obtained an average of 74,5% or above will be regarded as having met the 75%
standard.

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 PRIZES, BURSARIES AND SCHOLARSHIPS
1 FIRST YEAR

1.1 Law Faculty Prize: Best LLB 1 Student

Value: R5 000
Duration: 2020

The object of the prize is to reward students for academic excellence. The Law Faculty
Prize for the BEST FIRST-YEAR STUDENT following a LLB curriculum will be awarded to
the best first-year student following a LLB curriculum at Rhodes.

Students who already hold an undergraduate degree, or who are not in their first year of
registration at a university, are ineligible for this Prize.

The only criterion for the Prize is academic merit, to be assessed by looking at students’
academic performance in all the courses for which they are registered in that year In
addition, a student must have obtained an average of at least 70% in the courses that
comprise first year LLB (Introduction to Law, Foundations of Law and Law of Persons).

The selection process:

 The prizes are to be awarded by the Dean and Deputy Dean of Law in December of
each year as soon as possible after the final faculty board meetings.
 The prizes are made subject to the condition that the winner registers for a course of
study towards the completion of a law curriculum at Rhodes University within one
year of the year which the winner receives the prize.
 The overriding criterion for the prizes is academic merit, although in the case of
equally deserving candidates other factors such as service to the community, both
intra and extramurally, and financial need could be taken into account.

1.1 Law Faculty Prize: Best Legal Theory 1 Student

Value: R5 000
Duration: 2020

The object of the prize is to reward students for academic excellence. The Law Faculty
Prize for the BEST FIRST-YEAR STUDENT following a law curriculum will be awarded to
the best first-year student following a law curriculum at Rhodes, irrespective of the degree
for which s/he is registered.

Students who already hold an undergraduate degree, or who are not in their first year of
registration at a university, are ineligible for this Prize.

The only criterion for the Prize is academic merit, to be assessed by looking at students’
academic performance in all the courses for which they are registered in that year. In
addition, a student must have obtained an average of at least 70% in the courses that
comprise Legal Theory 1 (Introduction to Law and Foundations of Law).

The selection process:

 The prizes are to be awarded by the Dean and Deputy Dean of Law in December of
each year as soon as possible after the final faculty board meetings.

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 The prizes are made subject to the condition that the winner registers for a course of
study towards the completion of a law curriculum at Rhodes University within one
year of the year which the winner receives the prize.
 The overriding criterion for the prizes is academic merit, although in the case of
equally deserving candidates other factors such as service to the community, both
intra and extramurally, and financial need could be taken into account.

2 SECOND YEAR

2.1 Law Faculty Prize: Best LLB 2 Student

Value: R5 000
Duration: 2020

The object of the prize is to reward students for academic excellence. The Law Faculty
Prize for the BEST SECOND-YEAR STUDENT following a following a LLB curriculum will
be awarded to the best first-year student following a LLB curriculum at Rhodes.

The only criterion for the Prize is academic merit, to be assessed by looking at students’
academic performance in all the courses for which they are registered in that year. In
addition, a student must have obtained at least 70% in the courses that comprise second
year LLB (i.e. Constitutional Law A, Constitutional Law B, Legal Interpretation, [Law of
Persons] Law of Contract A, Law of Contract B, Law of Life Partnerships, Legal Pluralism,
Law of Property A and Law of Property B).

Students who already hold an undergraduate degree are ineligible for the award. The
selection process:

 The prizes are to be awarded by the Dean and Deputy Dean of Law in December of
each year as soon as possible after the final faculty board meetings.
 The prizes are made subject to the condition that the winner registers for a course of
study towards the completion of a law curriculum at Rhodes University within one
year of the year which the winner receives the prize.
 The overriding criterion for the prizes is academic merit, although in the case of
equally deserving candidates other factors such as service to the community, both
intra and extramurally, and financial need could be taken into account.

2.2 Law Faculty Prize: Best Legal Theory 2 Student

Value: R5 000
Duration: 2020

The object of the prize is to reward students for academic excellence. The Law Faculty
Prize for the best SECOND-YEAR STUDENT following a law curriculum will be awarded
to the third-year law student at Rhodes who is not registered for the LLB degree.

The only criterion for the Prize is academic merit, assessed by considering students’
academic performance in both major subjects for which they are registered. In addition, a
student must have obtained at least 70% in the courses that comprise Legal Theory 2.

The selection process:

 The prizes are to be awarded by the Dean and Deputy Dean of Law in December of
each year as soon as possible after the final faculty board meetings.

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 The prizes are made subject to the condition that the winner registers for a course of
study towards the completion of a law curriculum at Rhodes University within one
year of the year which the winner receives the prize.
 The overriding criterion for the prizes is academic merit, although in the case of
equally deserving candidates other factors such as service to the community, both
intra and extramurally, and financial need could be taken into account.

2.3 Adams and Adams Prize (Legal Theory 2 and LLB2 students are eligible for
this prize)
Value: R5 000
Duration: 2020

Awarded to the student with the best aggregated results across Legal Theory 1 (first year)
and Legal Theory 2 (second year).

2.4 Cliffe Dekker Hofmeyr Prize

Value: R5 000

Awarded to the best student in Legal Theory 2.

2.5. Alastair Kerr Prize

Value: R750

Awarded to the best student, whether in Legal Theory 3 or LLB2, in the Law of Contract.

3 THIRD YEAR

3.1 Law Faculty Prize: Best Legal Theory 3 Student

Value: R10 000
Duration: 2020

The object of the prize is to reward students for academic excellence. The Law Faculty
Prize for the best THIRD-YEAR STUDENT following a law curriculum will be awarded to
the third-year law student at Rhodes who is not registered for the LLB degree.

The only criterion for the Prize is academic merit, assessed by considering students’
academic performance in both major subjects for which they are registered. In addition, a
student must have obtained at least 70% in the courses that comprise Legal Theory 3.

The selection process:

 The prizes are to be awarded by the Dean and Deputy Dean of Law in December of
each year as soon as possible after the final faculty board meetings.
 The prizes are made subject to the condition that the winner registers for a course of
study towards the completion of a law curriculum at Rhodes University within one
year of the year which the winner receives the prize.
 The overriding criterion for the prizes is academic merit, although in the case of
equally deserving candidates other factors such as service to the community, both
intra and extramurally, and financial need could be taken into account.

3.2 Alastair Kerr Prize

Value: R750

Awarded to the best student, whether in Legal Theory 3 or LLB2, in the Law of Contract.

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3.3 Spilkin Prize
Value: R500

Awarded to the best student in Legal Theory 3, provided there is a student of sufficient
merit.

4 PENULTIMATE YEAR LLB

4.1 Law Faculty Prize: Best Penultimate Year LLB student

Value: R10 000
Duration: 2020

The object of the prize is to reward students for academic excellence. The Law Faculty
Prize for the BEST LLB STUDENT IN THE PENULTIMATE YEAR of study will be
awarded to the best LLB student in his/her penultimate year of study.

The only criterion for the Prize is academic merit, to be assessed by looking at students’
academic performance for all the courses for which they are registered in that year.

The Prize will not be awarded if candidates are not sufficiently meritorious. An average of
70% is considered to be the benchmark.

The selection process:

 The prizes are to be awarded by the Dean and Deputy Dean of Law in December of
each year as soon as possible after the final faculty board meetings.
 The prizes are made subject to the condition that the winner registers for a course of
study towards the completion of a law curriculum at Rhodes University within one
year of the year which the winner receives the prize.
 The overriding criterion for the prizes is academic merit, although in the case of
equally deserving candidates other factors such as service to the community, both
intra and extramurally, and financial need could be taken into account.

4.2 Lexis Nexis Book Prize

Value: (Variable)

Internal book prize for Moot winner(s) in the Penultimate Year.

4.3 Fred Cooper Prize

Value: R500

Awarded to the best LLB student in Company Law.

4.4 Shirley Ritchie Prize

Value: R1 000

The prize is normally awarded to the female student entering the final LLB year with the
best aggregate result in the penultimate year of study. In the event of that student being
the top student in the class, the prize is awarded to the female student who obtained the
next-best aggregate result.

4.5 Bowman’s Prize

Value: R5000

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The prize is awarded to the best penultimate year student in Corporate Law for the best
aggregated result for Company Law A, Company Law B and Law of Partnerships and
Trust.

4.6 Phatshoane Henney Inc Prize

Value: R3 500
Duration: 2018-2020

Awarded to the best LLB student in Legal Skills.

5 FINAL YEAR LLB

5.1 Brian Peckham Memorial Prize

Value: R1 000

Awarded on the recommendation of the Faculty Executive Committee to the best student
in Environmental Law.

5.2 Lexis Nexis Book Prize

Value: (Variable)

Internal book prize for Moot winner(s) in the Final Year.

5.3 ENS (Edward Nathan Sonnenbergs Inc) Africa Prize

Value: R3000-00
Duration: 2019 to 2021

Awarded to the best LLB student in Labour Law.

5.4 Judge Phillip Schock Prize

Value: R20 000

Awarded on the recommendation of the Faculty Executive Committee of Law to the

student obtaining the highest mark in the final year of LLB study.

5.5 Juta Law Prize

Value: (Variable)

Awarded annually by Juta and Company Ltd, on the recommendation of the Faculty
Executive Committee of Law, to the best final year LLB student, taking into account the
whole academic record for the degree.

5.6 Mbusowemvelo Mtshali Ethics Law Prize

Value: R5 000-00
Duration: 2019 to 2021

Awarded to the best LLB student in Legal Ethics and Professional Responsibility.

5.7 R G McKerron Memorial Prize

Value: R500

Awarded to the best student in the Law of Delict.

5.8 Spoor & Fisher Prize

Value: R2 500

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For Intellectual Property Law: the best aggregated result for Law of Copyright and
Trademarks.

5.9 Phatshoane Henney Incorporated medals

Awarded to students who obtain their LLB degrees with distinction.

6 TOMMY DATE CHONG AWARD

Value: R500

This award is given to the student who makes the greatest contribution to the Law Clinic in
their penultimate and final years of study at the University. The award is named after
Tommy Date Chong, a student with a keen interest in the Law Clinic who was sadly killed
in a car accident in the late 1980’s. The award is thus made to the student who shows the
greatest commitment to the law clinic and passion for its work.

7 ROB AND TRISH MIDGLEY PRIZE

Value: R500

Awarded to the student who has contributed substantially towards a holistic educational
experience for law students at Rhodes University.

8 BURSARIES AND SCHOLARSHIPS

8.1 Frances, Arnold and Esmé Clarke Bursaries

Value: Variable, depending upon need

The bursaries are available to all LLB students in their Penultimate and Final Years at
Rhodes University, except that students who already hold a Master’s degree are ineligible.

Preference will be given to students who are not in a position to meet their own costs.
Access to other sources of funding does not preclude eligibility, but income from other
sources, e.g. bursaries or prizes (but not loans), will be taken into account in determining
financial need.

Academic merit is not a deciding factor, except that students who are unable to complete
their LLB studies within one year of the regulation time are ineligible for an award.

A bursary is awarded for one year only. Re-award of bursaries is possible, but not
guaranteed. Students will have to re-apply every year and the application will be
considered afresh against the stipulated criteria and the needs of others in the pool of
applicants in that particular year.

Bursary applications are to be made through the University’s Financial Aid Office in the
Registrar’s Division. Applications close on 30 November in respect of bursaries to be
awarded in the following year.

8.2 Midgley Bursaries

The Executive Committee of Rhodes University’s Faculty of Law is able to award a

number of bursaries (known as the “Midgley Bursaries”) as a result of an annual
donation by Professor Rob Midgley (former Dean of Law) and Mrs Trish Midgley.

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The purpose of the bursaries is to assist needy students who are either accepted for, or
registered for, the LLB degree.

The bursaries are available to all LLB students except those who are in their first year
at university, and are registered for the equivalent of an LLBA or 1 year.

Bursary applications are to be made through the University’s Financial Aid Office in the
Registrar’s Division, which office will administer the bursaries. Applications close on the
same annual date as the applications for all law-related bursaries and scholarships.

Preference will be given to students who are not in a position to meet their own costs.
Access to other sources of funding does not preclude eligibility, but income from other
sources, eg bursaries or prizes (but not loans), will be taken into account in determining
financial need.

Academic merit is not the deciding factor, except that students who are unable to
complete their LLB studies within one year of the regulation time are ineligible for an
award.

The bursaries allocated from the funds available need not be of equal amounts, and
may vary according to the student’s financial need. A bursary is awarded for one year
only. Re-award of bursaries is possible, but not guaranteed. Students will have to re-
apply every year and the application will be considered afresh against the stipulated
criteria and the needs of others in the pool of applicants in that particular year.

8.3 Grant and Marjorie McKerron Scholarship

Value: R1 000

A one-year grant awarded to the best penultimate student who, in the subsequent year,
registers for the final year of study. Awarded in February after registration.

8.4 Joe Levy Scholarship

Value: R10 000

Awarded on the recommendation of the “Faculty Executive Committee” of Law to a

student entering the first graduate year of study in the Faculty of Law, that is, the
preliminary year (or penultimate year if the student has obtained exemption from a
sufficient number of courses on account of credits obtained in his/her first degree).
Graduates from other universities are also eligible for this award. Academic ability is the
main criteria. The Scholarship may be withheld in any year if the Committee feels that
there is no candidate of sufficient merit.

8.5 Judge Phillip Schock Foundation Bursary

Value: R45 000

Awarded, on application, to a student in the penultimate year of study. While academic

merit is important, financial need is emphasised. Posters advertising the scholarship will
be distributed during registration.

8.6 Law Alumni Bursary

Value: R5 000

The purpose of the bursary or bursaries is to assist needy students who are either
registered or accepted for the LLB degree. The money can be allocated to returning

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students or to first-time entry students. The number of bursaries and the size of the award
shall be determined by the Financial Aid Sub-Committee. Re-awards may be made.

The criteria for the award/s are:

 Recipients shall be either registered or accepted to register for the LLB degree.
 Proven financial need.
 A satisfactory academic record.

9 MASTER’S DEGREE SCHOLARSHIPS

Value: R5 000 for 1st year of Master’s

Awarded for excellence in the honours degree examinations for study towards a full-time
masters degree at Rhodes University in the discipline for which the award is given. A
distinction in the honours level examination is a prerequisite. Students who have
completed four-year degrees will also be considered for these awards. Law (LLB) and
Pharmacy graduates, who obtain their degrees with distinction, will be considered.

10 DOCTORAL DEGREE SCHOLARSHIPS

R5 000 for 1st year of PhD

Awarded for excellence in the Master's degree examinations for study towards a full-time
PhD degree at Rhodes University in the discipline for which the award is given. A
distinction in the Master's level examination is a prerequisite.

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