Department of Criminal and Procedural Law

Programmes and Modules

The following Modules are taught in the Department:

1. Advanced Criminal Law

It is an elective module.

The objective of the module is to equip students with advanced knowledge of criminal law. This is done through the selection of capita (topics) from criminal law and doing an advanced study thereon. Capita may in a particular year, for example, be:

1. Mens rea
2. Theories of punishment
3. Grounds of justification, etc.
   
   

2. Civil Procedure

Compulsory module

Civil Procedure in the Magistrate’s Court (including Small Claims Court)
Civil Procedure in the superior court (including Constitutional Court)

Objectives of the module

1. To equip students with a sound theoretical and practical knowledge of the procedures set out in the Supreme Court Act 59 of 1959 and the Magistrate Court Act 32 of 1944, as amended, as well as the Rules promulgated in terms of these Acts.
2. To introduce students to the drafting of essential documents and pleadings used in supreme court and magistrate’ court practice.
3. To introduce students to the procedures adopted in the Small Claims Court and Constitutional Court.

Learning outcomes

1. A sound understanding of the procedure involved in civil litigation in the Supreme and Magistrate Court, from demand through to hearing, judgment, execution, appeal and
   review.
2. An ability to critically analyse these procedures by problem-solving and drafting.
3. An ability to assess when the alternative system of the Small Claims Court, and Constitutional Court may be used.
   
   

3. Criminal Law

For more detail on Criminal Law please click here.

Compulsory module

Contents

General principles of criminal law and Specific offences

Objectives of the module

1. To introduce students to the general principles of criminal liability, inter alia, conduct, unlawfulness, causation and culpability.
2. To introduce students to the specific offences against persons, property and administration of justice and the community.

Learning outcomes

1. A thorough knowledge and comparative analysis of the general principles and specific offences of criminal law.
2. An ability to critically analyse, problem-solve and debate factual situations and legal issues.
   
   

4. Criminal Procedure

Compulsory module

Objectives of the module

a. To endow students with a knowledge of the general principles of the law of criminal
procedure in the lower and higher courts with emphasis on the Criminal Procedure Act No. 51 of 1977.

Learning outcomes

a. To equip the students with a thorough and practical knowledge of the procedural aspects of the criminal adjectival process to enable them to make better academic and /or effectively participate in criminal proceedings as state prosecutors, judicial officers or defence lawyers.

5. Evidence

Compulsory module

Objectives of the module

1. Students will be introduced to the principles of the Law of Evidence
2. They will learn the sources, scope and function of the law of evidence.
3. They will be acquitted with basic concepts relating to the law of evidence often encountered

      in criminal and civil proceedings.

Learning outcomes

- Upon completition of the module students will have sound knowledge and understanding of  
   the following:

1. The principles of the law of evidence
2. The various kinds of evidence and production thereof.
3. Exclusionary rules.
4. The procedure of conducting criminal and civil trials and
5. Ability to distinguish between examination in chief and cross examination
   
   

6. Medical Jurisprudence

It is an elective module.

Section A: Medical Law

Objectives of this section

To introduce students to the following topics:

6.1. Legal regulation of the medical profession.
6.2. Contractual relations between doctor and patient and amongst medical practitioners mutually.
6.3. Delictual and criminal liability of the medical practitioner.
6.4. The leading / conduct of medical evidence.
6.5. The South African system of health care.
6.6. Artificial insemination and the law.
6.7. Statutory law affecting the medical practitioner.

Section B: Forensic Medicine (Medicina forensis)

Objectives of this section

To introduce students to the following:

6.8. Human anatomy and physiology with emphasis on the medico-legal implications.
6.9. Medico-legal aspects of identity.
6.10. The signs of death and the changes occuring after death.
6.11. The post-mortem investigation of sudden death due to natural causes.
6.12. Death due to accident, suicide, homicide.
6.13. Death associated with anaesthetic procedures.
6.14. The concept of the fatal dose and the principles of toxicology.
6.15. Medico-legal aspects of acute alcoholic intoxication.

Outcomes of the module

a. Students will have knowledge of the law (common and statutory) applying to medical
     practitioners.
b. Students will have knowledge of the human anatomy and physiology.
c. Students will have knowledge how certain processes and events in medicine are interpreted in law.

The above knowledges will put them in a better position to do their work as presiding officers in inquests, legal representaions in trials and inquests, investigating officers in crimes.

7. Professional Training

Compulsory module

Objectives of the module

The purpose of this module is to train students in skills required for legal practice, with emphasis on:

1. Ethics
2. Rules of the provincial law societies and the statutes regulating the attorneys' profession. 
3. Drafting of Legal documents.
4. Legal writing skills.
5. Critical reasoning.
6. Equipping students to effectively assist clients of the Law Clinic.
7. Office management

Learning outcomes

1. Ability to draft important legal documents such as affidavits, legal opinions and agreements.
2. Ability to appreciate the practical application and basis of the ethical rules of the legal profession.
3. Ability to draft all basic trial documents and pleadings
4. Ability to conduct an effective client interview.
5. Ability to draft an effective statement based on the interview.
6. Effective problem analysis.
7. Effective case-file management.
8. Basic office management skills.
   
   

8. Trial Advocacy

Compulsory module

Objectives of the module

a. To equip students with knowledge, understanding and skills of applying the theory they have learnt in practice in court when representing their clients.

Learning outcomes

- The ability to properly address the various fora
- An in-depth understanding of all the procedural courses and mastering how to apply them in court and other forums, inter alia, in
a.       application for bail and motion application
b.       unopposed matrimonial action
c.       criminal trial
d.       civil trial
e.       the labour court
f.         application before the liquor board, road transport board and licensing board.
g.       the preparation and argument of an appeal

- The ability to present the cases of clients in the various forums by using the art and technique of persuasion in litigation, application, arbitration and mediation proceedings.