University of Limpopo
Faculty of Management & Law
School of Law
Department of Public and Environmental Law
Private Bag X1106, SOVENGA SOUTH AFRICA.
Tel: (015) 268 2766 Email: [Link]@[Link]
School of Law
Department of Public & Environmental Law
Name of Programme : Bachelor of Laws
NQF Level : 05- First Level
Module Name : Introduction to Public Law
Module Code : CPEA 001
Class Venue/s : (Online until further notice)
Consultation Times : Venue-Based on
Tuesdays-14H00-16H30
Thursdays- 09h30-12h30
SAQA Credits : 12
Contact Dates : January to June 2023
Facilitator(s ) : [Link] Mangena
Office 0002, New R-Block (South Wing)
Tel: (015) 268 2766
Cell: 072 626 2907/062 7059401
E mail: [Link]@[Link]
1. Welcome message by the Module Facilitator(s)
May I take this opportunity to welcome you warmly into the family of the
School of Law and the Department of Public and Environmental Law in
particular. You took a commendable and correct decision by registering for
an LLB Degree and hopefully you will not regret your career choice. A law
profession remains one of the most respected, esteemed and noble
professions world-wide. A career in law opens many fulfilling opportunities.
South Africa’s first democratically elected president, the late Dr Nelson
Rolihlahla Mandela made a career out of law and so is the current president
Mr Cyril Matamela Ramaphosa. By registering for an LLB Degree, you will be
following in the footsteps of great statesmen and international icons. Think of
Judge Bernard Ngoepe, Judge Dunstan Mlambo and Advocate Busisiwe
Mkhwebane, few prominent legal minds who are themselves the alumnae of
this university, these are great minds and role models!!. Introduction to Public
Law as a module serves as a key as it unlocks all the doors of the modules
that are offered under the umbrella phrase of Public Law. Therefore, students
are urged to engage robustly and utilize most of their time to contribute
positively towards the development of this module.
2. Purpose of the module
The primary purpose of this module is to provide students with a picture of all
the modules that are offered under the umbrella phrase of Public Law. The
module also provides students with an opportunity to make a distinction
between public and private law and why it is important to have such a
distinction between the two. The module was introduced after it became clear
that many first entering students were struggling to differentiate between
public and private law modules and end up confused as to which electives to
choose to fit into their career choices.
3. Module outcomes
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On completion of the module, students should be able to :
Identify the rules and principles applicable to various branches of
public law including applicable legislation
Summarise contents of public law materials and reflect same to
demonstrate basic understanding
4. Module content
The module provides students with a basic knowledge regarding various
areas of public law. This includes Constitutional Law, Administrative Law,
Social Security Law, Constitutional and Statutory Interpretation,
Environmental and Mining Law, Development Law, International Law,
Humanitarian Law as well as Human Rights Law. The module also explains
the place of public law in the legal system, especially after the ushering in of
the new political dispensation in 1994.
5. Module delivery modes
Contact Times:
Owing to the emergence and prevalence of the Coronavirus pandemic,
Introduction to Public Law will be delivered remotely through a number of
multimodal platforms including online classes. There will be two virtual double
lecture periods per week. Students are reminded about the importance of
regular virtual attendance. Statistics have shown that students who do not
attend regularly perform badly in both formative and summative assessments.
Tuesdays- from 13H00-14H40
Thursdays- from 7H30- 9H10
Consultation hours have traditionally been used as a ‘student-clarity seeking’
process. Modern trends indicate that consultation times also assist the
lecturer in monitoring students progress and in identifying areas that require
emphasis.
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Independent study times:
It is expected that students should at least spend approximately 3-4 hours of
independent study per week. Students are also urged to actively participate in
other university programmes that will assist them in smoothly assimilating the
module content
6. Teaching Approaches
Although this module will be delivered by way of multimodal platforms for
registered students, it is important to further introduce and consolidate other
interactive techniques as strategies to disseminate knowledge. Students will
therefore be urged to prepare before the commencement of each segment of
a lecture. Where necessary, materials will be posted on blackboard for
students to navigate through so as to participate and reflect meaningfully
during lecture times. Students will where necessary be divided into groups to
participate in virtual group presentations
7. Assessments
There will be two forms of assessments, namely a formative and a summative
assessment. Formative assessment will comprise of two assessments namely
two (2) written tests and/or an assignment. The written test will either be
a take home assessment or an online one. These two formative
assessments will be taken during the course of the semester. This will be in
accordance with the SoL (School of Law) and the University rules. A
summative assessment will be in a form of a written examination to be taken
at the end of the semester. Students will thus be evaluated on their written
work and an examination at the end of the semester. Each student will be
expected to participate maximally by attending virtual classes and writing what
is required to be able to obtain a satisfactory requirement ( minimum grades )
needed to pass the module
Formative assessments will account for 60% of the final mark
Summative assessment will account for 40% of the final mark
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To obtain a pass in the module, a student needs to obtain a minimum of 50%
final mark
To qualify to sit for a summative assessment (an examination), a student
needs to obtain 40% (semester mark) in the formative assessments
Assessment Criteria
Students will be required to:
Identify the rules and principles applicable to various branches of public
law including applicable legislation.
Discuss the nature of public law in the context of contemporary
developments and challenges.
Define rules of public law.
Classify the various branches of public law and explain how they
interrelate.
Summarise the contents of public law materials and reflect on same to
demonstrate basic understanding.
Distinguish between Constitutional Law, Administrative Law, Social
Security Law, Environmental and Mining Law, Development Law,
Humanitarian law, Human Rights Law and International Law.
Demonstrate the role of the constitution as a tool of governance in
public law in general
Explain the role of public law in advancing social, legal and political
transformation in particular, especially in accordance with the notion of
transformative constitutionalism
Assessments Methods: Written tests, written group assignments and
presentations
8. Learning material.
There is currently no prescribed book, however, a book titled Constitutional Law
of South Africa 2nd Edition, written by Stuart Woolman, Michael Bishop and
Jason Brickhill, published by Juta is highly recommended. Some selected
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Chapters from the book will be made accessible and available to students via
blackboard. In addition, the Module Facilitator will attempt to gather relevant material
and compile a collection to be used during the course of the semester.
Recommended Learning materials.
- Kidd M, Environmental Law, 2nd Edition (Selected Chapters)
- Burns Y, Administrative Law, (2013) 4th Edition
- De Vos, P. Ed . (2014). South African Constitutional Law in Context, Cape
Town : Oxford University Press
- Dugard J, Human Rights & the South African Legal Order, (2015)
- Dugard J. International Law: A South African Perspective. 4th Edition,
Reprinted , 2016. Juta
- Bothe M, Handbook of International Humanitarian Law, 3RD Edition.
Case law and legal instruments
Other than the constitution and other legislations, Public law will also look at
some landmark cases and other international and continental instruments that
will help shape the module.
9. Teaching Evaluations
In order to open lines of communication to help address students’ challenges and
concerns, the following platforms will be used:
Students will be required to form whattsap groups.
Students will be urged to communicate through their class
representatives.
10. Communication with the Module Facilitator
Communication will be through an open landline telephone, a personal
cellphone, an e- mail or through his whattsap (these will be made readily
available and accessible to the students)
11. Class Attendance
Students are reminded about Rule G13.1.2 of the General Academic Rules
of the University of Limpopo in terms of which a minimum class attendance
of 75% is required for admission into the examination (Summative
Assessment). Therefore, unless a student has attended at least the 75% of
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the classes, such a student will not be eligible to sit for a Summative
Assessment.
12. Quality Assurance
In order to ensure that the formative assessments are of a proper and fair
standard those assessments will, prior to their finalisation, be subjected to
moderation by a second examiner and by the School of Law’s internal
Quality Assurance Committee (QTAL)
13. Absence from formative assessments
If a student is absent from either of the formative assessments, such student will not
receive a mark unless his/her absence was the result of any of the situations
stipulated in Rule G15.5, for instance if a student is/was ill on the day of a test. In
such event such a student will be allowed to sit for an aegrotat test, provided further
that the student in question complies with the time limit and procedures of the School
of Law. More information on this may be obtained from the School of Law’s Principal
Administrative Officer.
14. Aegrotat test
15. There will be a single aegrotat test, meaning that students will write the
same aegrotat test, regardless of whether they had missed the first or the
second formative assessment. The scope of the aegrotat test will
accordingly be the combined scopes of the first and second formative
assessments. It should be noted that students who miss the aegrotat test
cannot undergo a further aegrotat test.
16. Summative assessments
Scope for the summative assessment/s
All of the work covered in the module will at the end of the semester be
assessed in the summative assessment (examination). The mark total of any
examination paper in this module will be 100.
17. Absence from summative assessment/s
If a student is absent from the summative assessment such a student will
unfortunately have to repeat the module the following year, unless the
student meets the eligibility requirements to undergo an aegrotat
examination, as set forth in Rule G15.1 mentioned before.
18. Review and remark of summative assessment script
Should a student wish to view his/her examination script and/or have it remarked,
such a student may apply to the Executive Dean of the Faculty of Management and
Law within 2 (two) weeks after receipt of the final results.
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19. Final mark
In order to pass the module, a student is required to achieve a final mark of
50%, of which 60% is contributed by a student’s semester mark and 40% by
the examination mark.
20. Summative re-assessment
If despite achieving a final mark of 50% or more, a student’s mark in the
summative assessment is below 40%, such a student will be required to
undergo a summative re-assessment. The student will also be eligible to
undergo a summative re-assessment if his/her final mark is 45% to 49%.
21. Assessment misconduct
Please note that the tests and examinations in this module assess the
student’s own independent work. No group work or collaboration is allowed
and a student is not permitted to access any learning material in the course
of any assessment. Students are therefore reminded about Rule G17, the
Student Code of Conduct and the University’s Plagiarism Policy. Any form of
assessment misconduct will have dire consequences for the student’s future
and career.
(Note: if there are group assignments in the module, this paragraph should
be changed accordingly
22. Assessment dates
The formative assessment dates will be communicated by the School of Law during
the course of the semester and the examination dates will be published in the
University of Limpopo’s examination timetable.
23. Approach to learning
According to the guidelines of the South African Qualifications Authority (SAQA), this
module has a credit value of 12, which means that an estimated 120 hours will be
required of a full-time student at the student’s level of study to gain the knowledge,
skills and understanding to achieve the learning outcomes of this module. The
biggest part of the 120 hours are dedicated to the student’s independent self-study
and preparation for assessments. It must therefore be appreciated that lectures
comprise a relatively small part of the learning process and the ultimate aim with
lectures is to provide students with overall guidance in their learning journey, as
opposed to covering each and every aspect of the learning material in depth. It is
therefore imperative that students dedicate several hours a week to independent self
study and engagement with the module content. As said, students remain welcome
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to confer with the module facilitator at any stage if the student requires any
assistance.
24. Specific arrangements
Students who are disabled and require any specific arrangements with the
Reakgona Disability Centre (RDC) are kindly requested to bring such information to
the attention of the module facilitator as soon as possible.
25. Communication protocols.
As a general rule, the line of communication will be through the recognised class
representative(s). In exceptional circumstances, students may refer a matter directly
to the module facilitator and thereafter, the Head of Department if the matter remains
unresolved.
26. Syllabus Outline (Structure of the module)
Schedul Issues/ Topics Responsibl
e e Person
03/2023 -Introducing the Module/ Introduction to Public Law KCM
- This session unpacks the nature and history of Public
1 Law
- It begins with the difference between Public and
Private Law and what modules fall under the umbrella
of Public Law
2. Constitutional Law KCM
-What is a Constitution
-What is Constitutional Law all about
-Constitutional Supremacy vs Parliamentary
Sovereignty
- The rule of law and Constitutionalism
- Democracy
- Separation of Powers
3. Administrative Law KCM
What is the difference between Administrative Law and
Constitutional Law
-The four pillars of Administrative Law
-PAJA and Section 33 of the Constitution
-The meaning of administrative action
-Remedies as articulated in PAJA
President of the Republic of South Africa V South
African Rugby Football Union 2001 1 SA 1 (CC)
4. Human Rights Law KCM
Human Rights defined
Categories of human rights
Unique features of human rights
The Bill of Rights
The Right to life- S V Makwanyane 1995 SA 391 (CC)
5. Social Security Law KCM
-What is Social Security Law
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- Different strands of social security
- Contingencies and other relief measures
- Social security in the South African context
- Section 27 and Social Security
- Khosa & others V the Minister of Social Development
& others 2004 SA 505 (CC)
6. International Law KCM
-International Law defined
- Sources of international Law
- The difference between international law and national
law
-The nature of treaties.
Section 39 and the application of international law
7. Environmental & Mining Law Guest
The nature and scope of Environmental Law Lecturer
Environmental pollution (Invitation
Water and its regulation in South Africa to be
Mining Law defined forwarded
Mining industry in South Africa to an Expert
Mining and its hazards in the field)
The requirements for mine operation in South Africa.
(The Minerals and Petroleum Resources Development
Act 28 of 2002)
The National Environmental Management Act 107 of
1998 (NEMA)
8. Constitutional and Statutory Interpretation KCM
-What is the purpose of interpreting the constitution
and other statutes
-Different methods of interpretation
-Interpretation and Constitutional transformation
9. Humanitarian Law KCM
Definition and principles
The Geneva Conventions
Types of armed conflicts
Civilians and Combatants
10. Reflections and Revision lectures All
11. Module and delivery evaluations All
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