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Department of Criminal and Procedural Law

Department of Criminal and Procedural Law

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Research Focus

PURPOSE AND RATIONALE OF THE LLM QUALIFICATION

Purpose

This qualification includes the various specialisations in laws. Please refer to "Notes" for details on the specialisations.

The primary purpose of the qualification is to provide Master of Laws in Criminal Law & Criminal Procedure (LLM) graduates with the knowledge, specific skills and applied competence in a number of legal fields to ensure opportunities for continued personal intellectual growth, gainful economic activity and valuable contributions to society.

A second purpose of the qualification is to provide South Africa and the global community with postgraduate lawyers in a number of learning fields to ensure that the leadership base of innovative and knowledge-based economic and scholarly activity is widened.

A third purpose of the qualification is to provide South Africa and the global community with postgraduate lawyers who understand the constructive role they need to play as intellectual leaders in their society, and who are empowered and equipped with the required research and analytical skills to play a key role in the continued shaping of the legal dispensation in a just society based on constitutional democracy within a world legal order.

A legal qualification ranks high among the skills that are sought after in a fast-changing environment from a local, national and international perspective.

Rationale

There is a crucial need in South Africa for capacity building in the sub-field of Justice in Society to promote the principles contained in the Criminal Procedure Act of 1977 with a view to addressing past and current injustices and to ensure the sustained development of a just and democratic society based on the rule of law.

The Criminal Procedure Act of 1977 is currently undergoing a comprehensive review in South Africa to modernize it and align it with the Constitution, addressing systemic challenges like arrest, bail, victim participation, and the need for a more efficient and victim-centred system. This long-overdue reform aims to repeal the apartheid-era legislation with a new Act, incorporating new technologies and improving areas like pre-trial, trial, and post-trial processes. The review is being conducted by the South African Law Reform Commission and involves public consultation through discussion papers and input submissions. 

Goals of the review are at the centre of this qualification going forward and these include the following:

Modernize the legal framework: To update the act, which was passed before the current constitution, to include modern concepts and technology.

Enhance efficiency and effectiveness: To streamline the criminal justice system, from crime reporting to sentencing and rehabilitation.

Prioritize victims: To make the system more victim-centred and supportive.

Align with the Constitution: To address shortcomings and ensure it aligns with constitutional rights and values.

Address specific challenges: To tackle issues in areas like arrest, bail, alternative dispute resolution, and victim participation

List of Internal supervisors: 

Last modified: 2026/08/25