
Department of Law
The Department of Law offers a programme leading to the Bachelor of Laws (LL.B.) degree. The normal duration for this degree is 10 semesters (5 years) of full-time study.
Entrance Requirements
- As per Academic General Regulations.
- Diploma holders in Law or equivalent may be eligible for direct entry at a determined level.
- Bachelor of Arts (Law) degree holders may enter at Level 3.
- Mature age and A’Level admissions follow general regulations.
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MODULE CODE |
MODULE TITLE |
L |
P |
TNC |
ESQF LEVEL |
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Core Modules |
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LAW101 |
Legal Systems |
3 |
0 |
10 |
5 |
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LAW103 |
Constitutional Law I |
3 |
0 |
10 |
5 |
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LAW105 |
Principles of Swazi Law and Custom I |
3 |
0 |
10 |
5 |
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LAW107 |
Roman Law I |
3 |
0 |
10 |
5 |
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General Education Modules |
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ACS111 |
Academic Communication Skills: English for Academic Purposes |
2 |
2 |
8 |
5 |
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CSC101 |
Computer Skills Foundation |
1 |
1 |
6* |
5 |
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Required Modules At least two of the following modules |
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POL101 |
Introduction to Political Science |
3 |
0 |
10 |
5 |
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SOC111 |
Introduction to Sociology I |
3 |
0 |
10 |
5 |
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STA131 |
Descriptive Statistics |
3 |
2 |
12 |
5 |
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TOTAL CREDITS FOR SEMESTR I |
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64 |
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LEVEL 1 |
SEMESTER II |
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MODULE CODE |
MODULE TITLE |
L |
P |
TNC |
ESQF LEVEL |
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Core Modules |
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LAW102 |
Legal Methods |
3 |
0 |
10 |
5 |
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LAW104 |
Constitutional Law II |
3 |
0 |
10 |
5 |
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LAW106 |
Principles of Swazi Law and Custom II |
3 |
0 |
10 |
5 |
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LAW108 |
Roman Law II |
3 |
0 |
10 |
5 |
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General Education Modules |
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ACS112 |
Academic Communication Skills: English for Specific Purposes |
2 |
2 |
8 |
5 |
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CSC101 |
Computer Skills Foundation |
1 |
1 |
6 |
5 |
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Required Modules At least two of the following |
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PAD102 |
Introduction to Public Administration |
3 |
0 |
10 |
5 |
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SOC112 |
Introduction to Sociology II |
3 |
0 |
10 |
5 |
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DEM112 |
Introduction to Demography |
3 |
0 |
10 |
5 |
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TOTAL CREDITS FOR SEMESTER II |
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74 |
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TOTAL CREDITS FOR LEVEL 1 |
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138 |
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* Module runs for two semesters and will be credited in Semester II.
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LEVEL 2 |
SEMESTER III |
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MODULE CODE |
MODULE TITLE |
L |
P |
TNC |
ESQF LEVEL |
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Core Modules |
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LAW201 |
Criminal Law: General Principles |
3 |
0 |
10 |
6 |
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LAW203 |
Law of Contract I |
3 |
0 |
10 |
6 |
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LAW205 |
Law of Persons |
3 |
0 |
10 |
6 |
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LAW207 |
Interpretation of Statutes |
3 |
0 |
10 |
6 |
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LAW209 |
Law of Property I |
3 |
0 |
10 |
6 |
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LAW211 |
Administrative Law I |
3 |
0 |
10 |
6 |
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TOTAL CREDITS FOR SEMESTER III |
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60 |
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LEVEL 2 |
SEMESTER IV |
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MODULE CODE |
MODULE TITLE |
L |
P |
TNC |
ESQF LEVEL |
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Core Modules |
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LAW202 |
Criminal Law: Specific Offences |
3 |
0 |
10 |
6 |
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LAW204 |
Law of Contract II |
3 |
0 |
10 |
6 |
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LAW206 |
Family Law |
3 |
0 |
10 |
6 |
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LAW208 |
Legal drafting |
3 |
0 |
10 |
6 |
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LAW210 |
Law of Property II |
3 |
0 |
10 |
6 |
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LAW212 |
Administrative Law II |
3 |
0 |
10 |
6 |
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TOTAL CREDITS FOR SEMESTER II |
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60 |
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TOTAL CREDITS FOR LEVEL 2 |
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120 |
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LEVEL 3 |
SEMESTER V |
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MODULE CODE |
MODULE TITLE |
L |
P |
TNC |
ESQF LEVEL |
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Core Modules |
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LAW301 |
Law of Evidence: General Principles |
3 |
0 |
10 |
7 |
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LAW303 |
Law of Delict I |
3 |
0 |
10 |
7 |
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LAW305 |
Sale, Hire purchase and Suretyship |
3 |
0 |
10 |
7 |
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LAW307 |
Law of Succession |
3 |
0 |
10 |
7 |
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LAW309 |
Employment Law |
3 |
0 |
10 |
7 |
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LAW311 |
Company Law I |
3 |
0 |
10 |
7 |
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TOTAL CREDITS FOR SEMESTER V |
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60 |
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LEVEL 3 |
SEMESTER VI |
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MODULE CODE |
MODULE TITLE |
L |
P |
TNC |
ESQF LEVEL |
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Core Modules |
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LAW302 |
Law of Evidence: Presentation of Evidence |
3 |
0 |
10 |
7 |
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LAW304 |
Law of Delict II |
3 |
0 |
10 |
7 |
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LAW306 |
Agency and Partnership |
3 |
0 |
10 |
7 |
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LAW308 |
Administration of Estates |
3 |
0 |
10 |
7 |
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LAW310 |
Labour Relations Law |
3 |
0 |
10 |
7 |
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LAW312 |
Company Law II |
3 |
0 |
10 |
7 |
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TOTAL CREDITS FOR SEMESTER VI |
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60 |
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TOTAL CREDITS FOR LEVEL 3 |
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120 |
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LEVEL 4 |
SEMESTER VII |
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MODULE CODE |
MODULE TITLE |
L |
P |
TNC |
ESQF LEVEL |
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Core Modules |
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LAW401 |
Civil Procedure |
3 |
0 |
10 |
7 |
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LAW403 |
Criminal Procedure |
3 |
0 |
10 |
7 |
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LAW405 |
Clinical Legal Education |
0 |
3 |
7* |
7 |
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LAW407 |
Negotiable Instruments and Banking Law |
3 |
0 |
10 |
7 |
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LAW409 |
Public International Law I |
3 |
0 |
10 |
7 |
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Required Modules |
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SOC311 |
Qualitative Research Methods |
3 |
0 |
10 |
7 |
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TOTAL CREDITS FOR SEMESTER VII |
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57 |
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LEVEL 4 |
SEMESTER VIII |
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MODULE CODE |
MODULE TITLE |
L |
P |
TNC |
ESQF LEVEL |
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LAW402 |
Trial Practice |
3 |
0 |
10 |
7 |
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LAW404 |
Insurance and Pensions Law |
3 |
0 |
10 |
7 |
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LAW405 |
Clinical Legal Education I |
0 |
3 |
7 |
7 |
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LAW406 |
Insolvency and Secured Transactions |
3 |
0 |
10 |
7 |
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LAW414 |
Public International Law II |
3 |
0 |
10 |
7 |
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Required modules |
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SOC312 |
Quantitative Research Methods |
3 |
0 |
10 |
7 |
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TOTAL CREDITS FOR SEMESTER VIII |
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57 |
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TOTAL CREDITS FOR LEVEL 4 |
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114 |
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- Module runs for two semesters and will be credited in Semester VIII.
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LEVEL 5 |
SEMESTER IX |
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MODULE CODE |
MODULE TITLE |
L |
P |
TNC |
ESQF LEVEL |
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Core Modules |
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LAW501 |
Legal Research paper |
0 |
3 |
7* |
8 |
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LAW503 |
Clinical Legal Education II |
0 |
3 |
7* |
8 |
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LAW505 |
Conveyancing Principles and Practice |
3 |
0 |
10 |
8 |
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LAW507 |
Private International Law |
3 |
0 |
10 |
8 |
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LAW509 |
Jurisprudence I |
3 |
0 |
10 |
8 |
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LAW511 |
Law of Human Rights |
3 |
0 |
10 |
8 |
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TOTAL CREDITS FOR SEMESTER IX |
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54 |
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LEVEL 5 |
SEMESTER X |
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MODULE CODE |
MODULE TITLE |
L |
P |
TNC |
ESQF LEVEL |
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Core Modules |
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LAW501 |
Legal Research Paper |
0 |
3 |
7 |
8 |
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LAW503 |
Clinical Legal Education II |
0 |
3 |
7 |
8 |
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LAW504 |
Notarial Practice |
3 |
2 |
12 |
8 |
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LAW510 |
Jurisprudence II |
3 |
0 |
10 |
8 |
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LAW515 |
International Investment Law |
3 |
0 |
10 |
8 |
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LAW516 |
International Trade Law |
3 |
0 |
10 |
8 |
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ACF408 |
Accounting for Lawyers |
3 |
0 |
10 |
8 |
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TOTAL CREDITS FOR SEMESTER X |
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66 |
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TOTAL CREDITS FOR LEVEL 5 |
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130 |
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LAW101: LEGAL SYSTEMS
Legal Methods course deals with the reception of Roman-Dutch common law in Eswatini; Eswatini’s dual legal system and structure of courts; legal studies, legal terminology and legal writing; case law analysis; legal reasoning and legal analysis; introduction to statutory law and interpretation; subjective rights; the legal profession and its role in society; and the legal regulation of the legal profession.
LAW102: LEGAL METHODS
Legal systems course aims at introducing students to the study of law, the legal process and the legal system of Eswatini, which is studied from a comparative perspective with other jurisdictions. In this context, it covers issues such as the following: nature, meaning and ambit of law; theories of law; divisions of the law; sources of law; and the history and characteristics of the Roman-Dutch common law.
LAW103: CONSTITUTIONAL LAW I
The course is aimed at helping students understand constitutional law based on the different types of constitutions in which is located the two broad models of constitutionalism-the Westminster system and the Presidential system. The course gives students a firm grasp of the concepts underpinning each of the models of constitutionalism including notions of federalism, democracy and independence of the judiciary. Contents of a constitution and how such contents rank against each other are examined with a specific emphasis on provisions of a Bill of Rights chapter. The course is also aimed at equipping students with an understanding of basic principles of Constitutional law to wit: parliamentary sovereignty, constitutional supremacy, separation of powers, the rule of law as well as judicial review.
LAW104: CONSTITUTIONAL LAW II
This course is aimed at enabling students to have a grasp of constitutional development of Eswatini with a view to make a comparative analysis of constitutional law at the local, regional and international levels. This it does through locating the Tinkhundla system of government within the Parliamentary and Westminster models of constitutionalism.
A firm grasp of the basic principles of constitutional law enables students to analyse any constitutional document in light of certain aspects of international human rights law.
LAW105: PRINCIPLES OF SWAZI LAW AND CUSTOM I
This course covers the definition of Swazi Law and Custom, the recognition of customary law at common law, statutory recognition and the Constitution the Repugnancy and Inconsistency Clauses, powers and procedures of Courts dealing with Customary Law and judicial ascertainment of Customary Law. The course will also cover marriage under customary law, the recognition of customary marriages, multiple marriages and the legal effect of such marriages as well as succession- Intestacy and the Wills and Administrations of Estates and finally themes on the effect of the dual nature of the legal system in Eswatini.
LAW108: ROMAN LAW
Roman Law is a fundamental course introducing you to the full range of legal practices and concepts developed by the lawyers of ancient Rome. The social world in which the Romans lived is best appreciated by a consideration of how Roman law was constructed. This course will provide a historical and jurisprudential analysis of Roman law, from the Twelve Tables to the great codifications of the Late Empire, with special attention to the political, moral and economic roles of law in Rome. It surveys the basic categories of law (public law, contract, delict, status, etc.), as well as their historical development from the earliest times culminating to their reception into the modern world. The course also provides a unique panoramic perspective into the famous socio-political events, quite apart from a rigid legal analysis. The result is a unique historical study that provides a basic grounding to understanding law as a social science, and also the often uneasy marriage between it and Dutch law.
LAW201: CRIMINAL LAW: GENERAL PRINCIPLES
The course focusses on the purpose, theory, sources and methodology of the criminal law. It considers the content of criminal responsibility with specific reference to capacity; mens rea and defences negating the same such as provocation, insanity, mistake of fact and intoxication; actus reus and defences negating the same such as private defence and superior orders. It also considers degrees of participation in crime, and inchoate offences.
LAW202: CRIMINAL LAW: SPECIFIC OFFENCES
The course discusses the content of various common law offences, such as murder, theft, fraud, defamation, crimen injuria, high treason, rape and contempt of court. In addition, it considers new statutory offences such as those pertaining to human trafficking.
LAW203: LAW OF CONTRACT I
The course covers the introduction to the Law of Contract, the definition of a contract, requirements for the formation of a valid contract, capacity to enter into a valid contract, void, voidable and unenforceable contracts, terms, conditions and warranties, mistake, cessions and interpretation of a contract.
LAW204: LAW OF CONTRACT II
The course covers the performance of contractual obligations termination of a contract, breach of contract-mora debitoris, mora creditoris, defective performance, prevention of performance and repudiation, remedies available in the case of breach of contract- an order for specific performance, cancellation of the contract, compensation and damages.
LAW205: LAW OF PERSONS
The Law of Persons is part of objective or positive law that regulates the coming into being (legal subject) and private law status. This course essentially deals with the question of legal subjectivity. It tracks down the origins of legal subjectivity, its coming to an end and the factors that influence it, which includes domicile, citizenship, birth, adoption and minority.
LAW206: FAMILY LAW
This course provides an overview of the most important legal principles relating to family-related matters and domestic relations. Generally, it encompasses inter alia, marriage, adoption, divorce, custody, death and estate planning. Most predominantly the course will focus on the requirements of a valid marriage, matrimonial property law (invariable and variable consequences of marriage), dissolution of a civil marriage, civil unions and customary marriages, the responsibilities and rights of parents and children ( the duty of support, spousal, children and parents).
LAW207: INTERPRETATION OF STATUTES
The course seeks to introduce students to the fundamental principles of statutory interpretation. The students will be made aware that the imperatives of the new constitutional order have had an impact that has seen the pendulum swing from the orthodox and traditional approach to a new methodology. Interpretation of statutes now has to be refracted against the prism of the Constitution: the supreme law. There will also be considered the Bill of Rights chapter and how it is interpreted. The course will consider the general rules, maxims and presumption used in interpreting statutes.
LAW208: LEGAL DRAFTING
Legal Drafting , which aims at introducing students to the basics of the drafting of legal instruments, in general, deals with, inter alia the following issues: the essence of legal language and legal drafting; Introduction to the general nature of current legal language and legal drafting; factors accounting for the complexity of legal language and legal drafting; legal language, legal drafting and the question or issue as to whom legislation should be addressed; the movement to reform legal language and legal drafting, including the plain language movement; standard drafting practices; and the structure and format of statutes.
LAW209: LAW OF PROPERTY I
The course covers the introduction to the Law of Property, the definition of property, in juxtaposition to that thing. The course features a detailed discussion of real and personal rights. It also includes the concept of property in terms of the Swazi Law and Custom. The course also focuses also on the concept of possession and the remedies for the protection of possession.
LAW210: LAW OF PROPERTY II
The course aims at covering the concept of ownership, the limitations to ownership and the remedies for the protection of such ownership. The course also features a survey of the modes of acquisition of property. A detailed discussion of limited real rights such as mortgages, pledges, servitudes and liens is also contained in the course.
LAW211: ADMINISTRATIVE LAW I
Administrative law is a branch of public law and it is a body of laws that governs the activities of administrative agencies of government. It includes rulemaking, adjudication and the enforcement of a specific regulatory agenda. It encompasses the procedures under which public authorities operate as well as the external constraints placed upon them. This part of the course will cover the introductory section of administrative law, inclusive of the definition, scope, purpose, administrative functions of public authorities and the doctrine of the separation of powers.
It will also address the sources of administrative law, classification of administrative powers and administrative acts, delegated legislation and the safeguards thereto.
LAW212: ADMINISTRATIVE LAW II
Courts use administrative law rules and principles in controlling the exercise of statutory powers of adjudication and rulemaking by public authorities (a process generally known as judicial review). In other words administrative law is used by the courts as a means of controlling the exercise of public powers and duties by public authorities as well as providing remedies against unauthorized or unlawful exercise of such powers and/or abuse. This second part of the course will therefore address inter alia, judicial control of administrative acts and obstacles to judicial control, other remedies available in administrative law, procedural fairness, the duty to give reasons and what constitutes an abuse of discretion.
LAW213: COMMERCIAL LAW I
The first part provides an introduction to some key features of the Swazi legal system and facilitates understanding of the sources of law, how law is administered and how legal rules emerge in the legal order. The second part deals with the general and major features of the formation, content and discharge of a contract and will provide an understanding of the basic nature of contractual agreements to specific types of contracts from offer and acceptance to credit agreements.
LAW214: COMMERCIAL LAW II
This part of Commercial Law deals with the specific aspects of Commercial Law relating to Agency, Security, Instruments of Payment, Forms of Business Enterprise and Insolvency.
LAW215: LAW AND HEALTH CARE
This course is designed for aspiring health practitioners. It deals with some aspects of law and health as opposed to the entire substantive content of these two broad subjects. Law is a discipline that cuts across many if not all disciplines including medicine hence it is important that health practitioners understand the basic aspects of the law to enable them to follow and apply the law in their daily practice since in most instances failure to do so may attract liability to them individually or to the institutions they work for. The course entails a discussion of the basic concepts of law inclusive of laws of contract, law of delict, civil and criminal law. Categories of law, Legal personality medical practitioner’s contractual liability, consent to treatment, medical negligence and/or malpractice vicarious liability and medical confidentiality.
LAW301: LAW OF EVIDENCE: GENERAL PRINCIPLES
The Law of Evidence has a close affinity with criminal and civil procedure and forms part of that branch of law commonly referred to as “procedural/adjectival” law. L301 is concerned with the substantive rules and principles determining the content of what evidence may pass admission in court. Ad Simpliciter, it governs the proof of facts in a court of law and determines what facts are legally receivable (admissible) to prove facts in issue. Furthermore, it determines what standard of proof should, in a given situation, be satisfied before a party bearing the burden of proof can be successful.
LAW302: LAW OF EVIDENCE: PRESENTATION OF EVIDENCE
This course deals with the manner in which evidence may be adduced in court. Furthermore, it deals with the principles and legal rules used for the assessment of the cogency (weight) of evidence to be adduced and presented in court as well as what evidence may be lawfully withheld from a court of law. The importance of the law of evidence cannot be underestimated; the rules of evidence are always applicable across a broad spectrum of cases; from the interpretation of a will or terms of a contract, claim for damages to various court applications; arguments and decisions on the law of evidence will always have to be made.
LAW303: LAW OF DELICT I
This course deals with the introduction to the Law of Delict, the historical background, the aquilian action, the actio iniuriarum and the action for pain and suffering, transmissibility of actions, concurrence of actions, delict and the Constitution, as well as conduct, wrongfulness, harm and defences.
LAW304: LAW OF DELICT II
This course will cover fault, intent and negligence. It will also cover causation- general; factual causation; legal causation, damages, reduction and apportionment of damages, the actio iniuriarum, infringement of the right to corpus, dignitus and fama and strict liability.
LAW305 SALE, HIRE-PURCHASE AND SURETYSHIP
The course discusses sale and hire-purchase in the socio-economic context of Eswatini. Sale is considered with reference to such topics as the thing sold; risk; delivery; ownership; defects and relevant remedies; various types of sale, such as sale by description; and c.i.f; f.o.b; f.o.r. In hire-purchase, the course discusses the common law problems of hire-purchase, and how these have been addressed by legislation.
LAW307: LAW OF SUCCESSION
The course is an introduction to the concept of succession. It is premised on the fact that when a person dies, everything that remains of his assets, after debts, and other obligations, those assets have to be passed on by way of inheritance to those people who qualify to succeed from him. The rules of succession determine how the qualified persons are to be identified, and how the scope of the respective benefits is established.
LAW308: ADMINISTRATION OF ESTATES
The course covers the nature and source of the administration of the estate of a deceased person, as well as estates of minors, derelicts and persons of unsound mind. It deals with the manner of appointment of Executors, curators and tutors and their respective functions.
LAW309: EMPLOYMENT LAW
This course introduces the students to the laws governing the individual employment relationship and will cover the origins and sources of labour law. Focus will mainly be on the individual contract of employment and will examine how it comes about, the tests for determining employment, the rights and obligations arising out of the employment relationship, discipline at the work place and termination of employment.
LAW310: LABOUR RELATIONS LAW
This course looks at the collective aspect of labour law, and covers the organisations involved in labour law i.e. employers’ organisations, trade unions, as well as the role of the state in labour relations. It will also cover collective bargaining and the agreements created from that process, industrial action and dispute resolution, and the statutory institutions created to simplify labour relations in Eswatini.
LAW311: COMPANY LAW I
The course covers the common law concepts of Partnerships, sole proprietorships, co-operative societies, as well as companies. It focuses on the manner of creation of these business entities, manner of operation and administration, as well as the termination of same.
LAW312: COMPANY LAW II
This is a survey of the statutory regime relating to Company law. It covers corporate capitalization, the administration of a company, including directors’ duties, the offices of the company Secretary and the Auditor, profits and dividends, as well as the process of winding up.
LAW313: EMPLOYMENT DISCRIMINATION LAW
A survey of the legal prohibitions against, and remedies for, employment discrimination, including discrimination on the basis of race, ethnic origin, sex, age, and disability. The principle focus is on the Constitution of Eswatini and employment/industrial relations legislation. Among the issues covered are: the nature and proof of discrimination, justifications for discrimination, harassment as discrimination and the “reasonable accommodation” requirement.
LAW314: COMPETITION LAW
The objectives of the course are to acquaint students with the rationale for competition law, and give them an understanding of key statutory provisions and case law to provide practical understanding of competition law and policy. Some of the areas the course will cover include Eswatini’s Competition Act 8/2007, anti-competitive agreements, including price fixing, exclusionary provisions and provisions relating to joint ventures, criminal cartels and mergers.
LAW315: INTELLECTUAL PROPERTY LAW
This is an introductory course to intellectual property law. It will cover the basic categories of intellectual property law i.e. copyright and neighbouring rights as well as the function of intellectual property law and procedures for obtaining protection of intellectual property. It will look at the different international instruments relating to the protection of intellectual property rights (IPRs) as well as local legislation for the protection of IPRs.
LAW316: INDUSTRIAL PROPERTY LAW
This is an introductory course to industrial property law. It will cover the basic categories of industrial property law including patents and trademarks and procedures for obtaining protection of intellectual property. It will look at the different international instruments relating to the protection of intellectual property rights (IPRs) as well as local legislation for the protection of IPRs.
LAW401: CIVIL PROCEDURE
Civil procedure encompasses the body of law and rules that set out the process that courts will follow when hearing cases of a civil nature ( a ‘civil action’ as opposed to a criminal one). The body of rules govern how a law suit may be instituted, what kind of service process is required, the type of pleadings or statements to be made, motion or action proceedings, what kind of orders are permissible in civil cases, discovery and disclosure, the conduct of a trial, the process of judgement, various remedies available to litigants and how the courts function. Civil procedure is a procedural law course as opposed to a substantive law one; thus, it provides for the mechanisms for applying the substantive law to real disputes.
LAW402: TRIAL PRACTICE
This course covers general rules governing lawyers, courts and civil practice in general. Students become familiar with the court rules, pre-trial procedure, trial procedure, motion proceedings and common legal issues. Special emphasis is placed on professional responsibility. Trial practice is an upper level course offered in most law schools and designed to teach future litigators the finer points of presenting a case before a judicial officer or court. Very minimal discussion of substantive law is done in this course, which is a complete opposite of most law school courses besides criminal procedure. The course is focused mainly on the practical application of legal principles acquired through the learning of substantive law, and as such, it presupposes the knowledge of substantive law by every student.
LAW403: CRIMINAL PROCEDURE
The course is aimed at equipping students with a basic understanding of general principles underlying criminal procedural law, constitutional criminal procedural law as well as the relationship between crimes against the environment and the need to prosecute them. The course addresses issues of sources of criminal procedure; the office of the Directorate of Public Prosecutions-its constitution and function; the import of constitutional provisions on criminal procedure; important role players in the criminal justice system; arrests, search and seizures, conduct of criminal trials, and post-conviction proceedings.
LAW404: INSURANCE AND PENSIONS LAW
General principles and doctrines of insurance law such as insurable interest; risk; conduct of the insured; the insurer’s obligations; duty to disclose all material facts; formalities; premiums; misrepresentation and misstatement; warranties; double insurance; over –insurance and under-insurance; salvage and subrogation. The origins of retirement funds with reference to their social, economic and political context; various forms of retirement funds; death benefits; disability benefits; withdrawal benefits; surplus legislative powers of the registrar; administration of funds; statutory regulations; dispute resolution.
LAW405: CLINICAL LEGAL EDUCATION I
Clinical legal education is essentially experiential learning by virtue of which students acquire lawyering skills that enable them to prepare for practical work that translates the substantive law learnt in the law school into everyday reality in terms of the application of such substantive law through legal processes. In the context of this preparation, students are taught, inter alia, the following: the historical background of clinical legal education; the general and specific aims and essence of clinical legal education; fundamental lawyering skills; lawyer-client interaction through the interview process; lawyer-client interaction through counselling consequent to the interview process; trial advocacy; fundamental values of the legal profession; and alternative dispute resolution mechanisms. In addition to this general background of clinical legal education, students also have to participate in moot courts and mock trials (both civil and criminal) as part of the legal role-playing required by this experiential learning.
LAW406: INSOLVENCY AND SECURED TRANSACTIONS
The sequestration of an insolvent estate; how it is achieved and its effects; the trustee, powers and duties; impeachable transactions; creditors; liquidation account; composition and rehabilitation. An examination of the various forms of secured transactions, both real and personal; mortgage, pledge, lien, notarial bonds, suretyship and cession in security.
LAW407: NEGOTIABLE INSTRUMENTS AND BANKING LAW
The concept of negotiability; kinds of negotiable instrument; parties; signature and delivery; transfer of negotiable instruments; holder in due course; absolute and relative defences; discharge; cheques; the banker-customer relationship; internet banking; money laundering.
LAW409: PUBLIC INTERNATIONAL LAW I
The course deals with topics including the law of the sea; international criminal law; jurisdiction; state responsibility; interstate dispute resolution; use of force, wars and aggression; the UN system, and the character and content of regional arrangements for international law.
LAW414: PUBLIC INTERNATIONAL LAW II
The course provides an introduction to International Law, in the context of the global political economy. It addresses classical topics such as sources and subjects; relation of municipal law to international law; recognition of states and governments; the law of treaties; and human rights.
LAW410: LAW AND DEVELOPMENT
Development is vital to the livelihoods of billions of people. In this context, this course explores the interactions between development and issues such as international human rights law, other bodies of international law. It does this by exploring the legal and normative framework within which international law involves itself in rights premised on the process of development and by identifying several aspects for closer examination. Particular attention is given to: theories of rights and development; the role of ‘political’ laws in development; the challenge of climate change; the impact of international economic law on rights and development; human health and transnational business; the global food crisis; and, law and rights in forced displacement.
LAW411: INTERNATIONAL BUSINESS TRANSACTIONS
This course provides an examination of private and public law aspects of international business transactions, including conflicts of law and comparative law issues. It examines the selection of the optimal business format for international operations, including branch, subsidiary, joint venture, technology license and distributorship; international commercial law, including sales contract, and commercial documents; international contracts and dispute resolution issues, including governing law, and choice of forum, force majeure, treaty issues and sovereign debt restructuring.
LAW412: INTRODUCTION TO TAX LAW
This course provides an introduction to key aspects of the tax law of Eswatini including taxable income and the distinction between income and capital. It is focused on the principles and provisions concerning the determination of income tax as it applies to individuals and other entities (companies, trusts, partnerships).
LAW413: ENVIRONMENTAL LAW
This course addresses the nature, content, and structure of environmental law. The course commences with an introduction to environmental problems, together with basic principles of international law and environmental regulation. Specific topics include global warming, stratospheric ozone depletion, and disposal of hazardous substances. Other topics may include marine pollution, transboundary pollution, trade and environment, and development and environment. The course evaluates the role of local, international and non-governmental organizations; the interrelationship between international legal process and domestic law; and the negotiation, conclusion, and implementation of international environmental agreements.
LAW501: LEGAL RESEARCH PAPER
Students are introduced to research and are required to select a law related topic on which to prepare a legal research paper. Students are required to submit outlines of research proposals by the end of Semester VIII for approval by the Department.
LAW503: CLINICAL LEGAL EDUCATION II
The course is aimed at equipping students with a general overview of legal ethics in Eswatini. In this respect, students are taught about the legal profession in Eswatini, duties of legal practitioners, the independence of the legal profession, misconduct within the legal profession and the need to keep proper books of account with special emphasis to Trust Funds. The course is also aimed at helping students apply the theoretical concepts of law to real life situations. This, it achieves through the operationalisation of the Legal Clinic where students assist indigent clients by taking instructions, advising clients, where appropriate drafting court papers and filing same in court. Students are also expected to engage in community service of teaching the community about the law and how it works and impacts their lives.
LAW504: NOTARIAL PRACTICE
Deeds Registry; duties and powers of the Registrar; registers; preparation of deeds by Notary Public and registration with Deeds Registry; notarial certificates; servitudes, personal and praedial; waivers and cancellations of servitudes; ante-nuptial contracts; donations; notarial leases and trusts.
LAW505: CONVEYANCING PRINCIPLES AND PRACTICE
Deeds Registry; duties and powers of the Registrar; registers; preparation of deeds by conveyancer; powers of attorney; transfer deeds and supporting documents; substituted title deeds; deeds of partition; transfer by endorsement; mortgage bonds; types of mortgage bonds; various consents related to mortgage bonds.
LAW507: PRIVATE INTERNATIONAL LAW
Our modern societal make-up is a potpourri of cultures, races and nationalities with the inevitability that private social and commercial intercourse usually leads to disputes. Private International Law, variously called Conflict of Laws, governs the court’s approach to private law disputes with a “foreign element” or international character to them. The course determines the circumstances in which the superior courts will exercise jurisdiction over persons and property of an international character; the rules governing the choice of law and the principles and procedures according to which foreign obtained judgments will be enforced in Eswatini.
LAW509: JURISPRUDENCE I
Jurisprudence, as the science or theory of law or the philosophy of law, embraces a wide spectrum of issues dealing with the nature, role, essence and place of law in the civil society. JURISPRUDENCE I, which forms the genesis of this spectrum, deals with general issues of jurisprudence, which are, inter alia, the following: the etymology of the term ‘jurisprudence’; the tentative definitions of jurisprudence; the general concerns of jurisprudence (or what jurisprudence is about); the essence of jurisprudence; types or divisions of jurisprudence; jurisprudence and various life’s processes; law and rules; law and fact; law and morality; and jurisprudence or legal philosophy and normative political philosophy.
LAW510: JURISPRUDENCE II
JURISPRUDENCE II deals with the theories of the nature and basis of law which are, inter alia, the following: the law of nature (natural law) and natural rights; legal positivism; sovereignty and the imperative or command theory of law; analytical theory and the pure theory of law; sociological theories of law and theories of interests; legal formalism and legal realism (American and Scandinavian Realism); the historical and anthropological theory of law; the racial theory of law; Marxist theories of law and state; African jurisprudence; feminist theory of law (or feminism and the law); and critical legal studies.
LAW511: LAW OF HUMAN RIGHTS
The course aims at introducing students to the Human Rights concept at international, regional and domestic levels. Thus, it covers the nature and characteristics of human rights; classification of human rights; indivisibility, interdependence and inter-relatedness of human rights; universality of human rights vis-a-vis cultural relativism; sources of human rights; the promotion and protection of human rights in the United Nations system, the protection and promotion of human Rights in the European, Inter- Americas and African regional systems; specific rights- children’s rights, i.e. the rights of women and people living with disabilities; human rights protection in times of war.
LAW513: INTERNATIONAL AND REGIONAL ORGANISATIONS LAW I
This course provides an introduction to the theory and practice of international organizations (IOs). Its central theme is the interaction between international law and politics, illustrated through an in-depth examination of the United Nations and a secondary focus on selected regional organizations. The course will also consider the substantive work of IOs in principal areas such as peace and security, human rights, and sustainable development.
LAW514: INTERNATIONAL AND REGIONAL ORGANISATIONS LAW II
This course focuses on the law making activities of international organisations. IOs have a pervasive impact on the promulgation and implementation of law across all the various sub-specialities of international, and in some cases, national law. The students will be able to learn how international rules are made and transformed, and how the role of the nation-state as a sole actor has been challenged in contemporary times.
LAW515: INTERNATIONAL INVESTMENT LAW
This course examines the laws, policies, and legal institutions influencing cross-border investments. It studies the nature of international investment and multinational investors, the international legal framework for international investment with particular emphasis on rapidly evolving treaty law, such as bilateral investment treaties (BITs), as well as arbitration and judicial decisions that apply to them. It also considers national regulatory frameworks for foreign investment, the contractual and legal mechanisms for structuring, financing, and protecting international investments, and methods for settling investment disputes.
LAW516: INTERNATIONAL TRADE LAW
This course introduces the legal framework, policies and jurisprudence of the World Trade Organization (WTO). It is designed to give students an overview of the regulation of trade in goods, services and intellectual property. The course will give the economic underpinnings for trade and introduce the WTO as well as particular types of rules, restraining national restrictions on trade. These rules address issues such as tariff and non-tariff barriers, discrimination, regionalism, anti-dumping duties, countervailing duties and safeguards measures and the WTO dispute settlement system.
LAW518: INTERNATIONAL HUMANITARIAN LAW
Humanitarian law is a branch of international law which generally concerns itself with the law governing the waging of war and the treatment of combatants and civilians in time of war with the aim of protecting human rights of persons, whether as individuals or groups, in times of such war or armed conflict. Topics covered will include sources of Humanitarian Law; the scope of Humanitarian law; The law of The Hague; i.e. treaties adopted at the Hague in 1899 and 1907 (laws and customs of war); the law of Geneva; i.e. concluded in Geneva in 1949 and 1977 (protection of persons from the effects of armed conflict); principles of Humanitarian law; Humanitarian law and Human Rights.
- Modules are assessed by Continuous Assessment and Examinations at a ratio of 1:2.
- Continuous Assessment includes assignments and tests.
- Exams are usually 3 hours for most Modules except Legal Research Paper and Clinical Modules
- A Legal Research Paper of 10,000 to 12,500 words is required for degree completion.
- Clinical Legal Education modules comprise tests, moot courts, mock trials, oral exams, and reports.
