FACULTY OF LAW
GUIDELINES FOR
DOCTORAL AND MASTERS THESES
13
CONTENTS
1. Types of degree and nature of the thesis
1.1 Types of degree
1.2 Nature of the thesis
2. Admission
2.1 Admission rules
2.2 Fees
2.3 International students
2.4 Financial assistance
3. Registration
3.1 Application procedures
3.2 The thesis proposal
3.3 Period of registration
3.4 Renewal of registration
3.5 Leave of absence and cancellation
3.6 Library facilities
3.7 Attendance at UCT
4. Supervision
4.1 Selection of a supervisor
4.2 The memorandum of understanding
4.3 The candidate’s responsibilities
4.4 The supervisor’s responsibilities
4.5 Conflict resolution
5. The ethics of research on humans
6. Writing the thesis
6.1 Language policy
6.2 The Writing Centre
6.3 Format of the thesis
6.4 Publication and copyright
6.5 Plagiarism
7. Changes to the thesis
7.1 Changing the title or topic
7.2 Upgrading from a masters to a doctorate
8. Submission for examination
8.1 Masters theses
8.2 Doctoral theses
8.3 Documents to be attached to theses
9. The examination procedure
9.1 Masters theses
9.2 Doctoral theses
9.3 Dates to remember
10. Contacts in the Law Faculty and University
1. TYPES OF DEGREE AND NATURE OF THE THESIS
1.1 TYPES OF DEGREE
The Law Faculty offers five types of postgraduate degrees. Candidates wishing to register for a Masters degree have the choice of:
· an LLM/MPhil by coursework. This is administered by the School for Advanced Legal Studies. Further information may be obtained from the SALS Administrative Officer (+27 21 6502997 or ).
· an LLM by dissertation. When the dissertation is dedicated to a topic of exclusively legal interest, it will be administered by the Faculty’s Higher Degrees Committee. Further information may be obtained from the Deputy Faculty Manager (+27 21 6505409 or ).
· an MPhil. In this case, the dissertation will span two or more disciplines. If the topic is predominantly legal, the thesis will be registered in the Law Faculty and will be dealt with by the Faculty’s Higher Degrees Committee. If the topic falls mainly within another discipline, however, registration should be sought in the relevant Faculty.
Candidates wanting to register for a doctoral degree have the choice of:
· a PhD, which is the general doctorate, is available for both purely legal and interdisciplinary research.
· an LLD, which is a senior doctorate offered only in the Law Faculty. This degree is awarded as a mark of respect to distinguished scholars, who have an established reputation based on their published works. These works must represent an original contribution to or substantial advance on knowledge in the field.
All doctoral degrees are administered partly by the Law Faculty and partly by the University’s Doctoral Degrees Board. The latter body has final say in deciding whether to register candidates and what result is to be awarded for the examination.
1.2 NATURE OF THE THESIS
Although originality in postgraduate research is always desirable, it is not an exclusive requirement (especially for a Masters degree). Instead, a thesis should constitute a significant advance in knowledge on the subject, of such a standard that publication in a reputable journal would be justified.
Candidates must therefore show that they have:
· a thorough knowledge of the chosen subject
· mastered techniques required for competent research in law
· the capacity for independent thought and sound reasoning
· satisfactorily presented the results of research.
LLM/MPhil thesis
An LLM or MPhil dissertation may be either a single treatise on a ‘subject of legal interest' or ‘a series of four sparate treatises on cognate areas of the law’. All of these should be of sufficient quality to be published in a reputable law journal. Whichever form is chosen, the final text must not exceed 40 000 words in length.
Doctoral thesis
A doctoral thesis, on the other hand, must always be a single treatise. It may not exceed
80 000 words in length, unless permission is given by the Dean, in consultation with the supervisor.
2. ADMISSION
2.1 ADMISSION RULES
2.1.1 Master of Laws by dissertation
Candidates for the LLM may qualify for admission provided that they have:
· a law degree of the University or equivalent degrees from another university recognised by Senate for this purpose, or
· in any other manner attained a level of competence which, in the opinion of Senate (which acts on recommendation by the Law Faculty), is adequate for purposes of admission.
The same rules apply to the MPhil, with the exception that candidates may qualify if they have an honours degree from UCT or another university recognised by Senate.
2.1.2 Doctoral degrees
Candidates for the PhD may qualify for admission if they have:
· a masters degree
· an honours degree, or a four-year bachelor's degree, plus at least one year's registration for a masters degree
· a three year bachelor's degree plus at least two years registration for a masters degree
· an LLB or BProc degree (or any qualification recognised as being the equivalent)
· in special circumstances, an approved bachelor's degree or qualification recognised as equivalent.
Candidates for the LLD may qualify for admission if they have produced a substantial and original body of work that has already been published. The work must be of such a quality as to establish the candidate as the leading authority in the field.
Further, more detailed information on the application and registration procedure is available on the postgraduate section of the UCT website.
2.2 FEES
In 2010 the fees for South African students and students from SADC countries are:
· LLM or MPhil by dissertation: R8 420
· PhD or LLD: R9 380.
International Students from outside the SADC region pay an additional annual fee of R11 500.
It is important to note that:
· fees are payable in full, prior to registration
· these sums do not include residence fees
· late registration is subject to a penalty of R2 000
· the amount of fees payable is not fixed at the date of registration for the period of the entire programme
· fees are subject to annual increases, usually by approximately 10%; potential candidates should therefore consult the fee structure applicable to each new calendar year.
For further information, consult the fees office website http://www.uct.ac.za/apply/fees/
2.3 INTERNATIONAL STUDENTS
2.3.1 STUDY VISAS
Under the provisions of the Immigration Act 13 of 2002, an international student may not enter or reside in South Africa to take up degree studies without a valid study visa. Please ensure that you submit an application as soon as possible, as the process takes from four to six weeks. Your application should be made to the nearest South African High Commission, Consulate or Embassy, which will be able to provide you with a full list of the requirements for your application. Once granted, you must be careful to confirm that you were given the correct visa, valid for studies at UCT, before entering South Africa: you will not be permitted to pre-register or register at UCT with an invalid study visa.
If students discontinue their studies or fail to qualify for re-enrolment, the University of Cape Town is obliged, under section 13 (1)(a) of the Immigration Act, to inform the Department of Home Affairs. Because the University did not originally apply for permission to grant the study permit, it is the student's responsibility to submit periodic reports of satisfactory performance. If your study permit is being delayed, please contact the Faculty Office.
2.3.2 PRE-REGISTRATION
The Immigration Act requires all institutions of higher learning in South Africa to report accurately and regularly on all international students registered for studies here. This duty includes recording study visa information and providing the Department of Home Affairs with reports on international students who have failed to re-register, whether they were excluded for academic or financial reasons, or simply did not return for studies in the new academic year.
Pre-registration is the process of checking and recording information pertaining to international students registering at UCT. This includes all international undergraduate, postgraduate, occasional and affiliated students. The following is checked and recorded by the International Academic Programmes Office (IAPO):
· Possession of a valid study permit (valid for studies at UCT)
· Fees cleared satisfactorily for registration
· Medical insurance obtained.
The following must be presented for pre-registration:
· IAPO confirmation of pre-registration form with relevant sections completed by the student (this form is available from IAPO during pre-registration)
· IAPO clearance statement with relevant sections completed by the student (this form is available from IAPO during pre-registration)
· Copies of the passport page with personal details and photo (certified copies of these if registering by post)
· A copy of the study visa (valid for studies at UCT)
· Proof of payment of fees
· Proof of health insurance
International students who have not completed the pre-registration formalities will be blocked by the UCT computer system from registering. In instances where students do not hold valid study permits, IAPO cannot pre-register them: the University will be held criminally liable for allowing anyone to study at UCT without a valid study visa.
The International Office (IAPO) can advise on obtaining a study permit (first time application or renewing a study permit). Please contact IAPO at int-iapo@.uct.ac.za, tel + 27 21 650 2822/3740, fax: + 27 21 650 5667 for further inquiries.
2.4 FINANCIAL ASSISTANCE
2.4.1 SCHOLARSHIPS ADMINISTERED BY THE UNIVERSITY
UCT places high value on postgraduate study. To this end, support is available in the form of scholarships, bursaries and student loans. Certain awards are granted exclusively on academic merit, while others take into account financial need. For information on the various forms of postgraduate financial assistance available, contact the Postgraduate Funding Office, Otto Beit Building (Old Student Union), Upper Campus, UCT, Rondebosch 7701; Tel +27 21 6502206; Fax +27 21 6504352; email ; website http://www.uct.ac.za/apply/funding/postgraduate/applications
3. REGISTRATION
3.1 APPLICATION PROCEDURES
3.1.1 Application for the LLM and MPhil
Candidates must submit to the Central Admissions Office of the University:
· a duly completed University entrance application form
· for those who are not graduates of UCT, certified (ie notarised) copies of their previous degree certificates (which must include a full academic transcript of all results achieved in previous studies)
· if requested by the University, accreditation of qualifications by the South African Qualifications Authority (SAQA).
At the same time as making the above application, candidates will be required to submit to the Law Faculty Office:
· a curriculum vitae
· a full record of their academic performance
· three references completed on the form available from the Law Faculty Office
· a clear statement of no more than 800 words indicating the intended area of research together with a sample of written work OR a full proposal (for more information on which, please see below ***).
The Higher Degrees Committee (HDC) may then refer the application to a possible supervisor to assess the viability of the subject. Thereafter, the proposal or statement of intended research, together with the supervisor’s report, is then submitted to the HDC.
· The Committee may approve full registration or it may recommend provisional registration for a period of up to six months, during which time the applicant will be required to prepare a thesis proposal with the assistance of a prospective supervisor. In addition, the applicant may be asked to fulfil one or more of the following requirements:
· attend certain courses, including regular attendance at the Writing Centre
· present a seminar on the research topic
· undergo an oral examination
· submit a piece of work written for another university, such as an assignment or minor dissertation
· comply with any other conditions considered necessary.
· Where necessary, application must be made for ethics approval of a research project.
At the end of a period of provisional registration, the HDC may recommend:
· registration for LLM/MPhil
· registration for LLM/MPhil, with the possibility of upgrading to PhD
· possibly registration for a PhD.
3.1.2 Application for the PhD
The same procedures as for the LLM apply. Please note, however, that the Law Faculty does not control the admission of candidates to doctoral degrees. Responsibility for these degrees lies with the University’s Doctoral Degrees Board, which acts on recommendations made by the Law Faculty’s HDC.
3.1.3 Application for the LLD
Applicants must comply with the various requirements set out above. Because award of the LLD is based on already published work, however, applicants will be required to submit six copies of the work(s) in question, together with a full proposal describing why this work was original or constituted a significant advance in learning.
3.1.4 Time to register
There is no specific date for first-time registration. However, those who want their first year to be counted as a full academic year for purposes of calculating the minimum period of registration must register by 1 May.
3.2 A THESIS PROPOSAL
When preparing a proposal, please bear in mind that the HDC needs to be convinced that you are capable of undertaking postgraduate research and that your work will advance knowledge in the subject, or, in the case of masters theses, be at least a significant restatement of the law.
The guidelines given below are neither rigid rules nor are they a requirement that the thesis be fully researched before registration. Especially in the case of subjects in the humanities, precise topics may emerge only as work progresses. Nevertheless, candidates must demonstrate an understanding of how to set about a research project, and, to to that end, the proposal is a means for demonstrating that the candidate carefully has considered basic issues. In this way, both the candidate and the supervisor may avoid misunderstandings and save time.
A thesis/dissertation proposal should include the following information.
1. Descriptive title2. Reasons for choosing the subject
Give both the academic and, where relevant, the practical reasons for undertaking research in the chosen area.
3. Outline of the thesis
The word ‘thesis’ is used here in its traditional meaning, namely, a proposition that is demonstrated through a sustained argument. The problems and questions to be examined must be clearly outlined, together with a brief elaboration of the argument through its various stages.
4. Major sources
Reference to the major authorities involved, whether precedents, legislation or treaties, and a general indication of the secondary sources to be consulted. Candidates are not expected to supply a full bibliography nor do they have to be familiar with all the literature in the field before they start research. Even so, they should show that they are aware of the main works in the field, and, what is more important, their opinion of these works.
5. Method
Whenever method plays a significant role in the thesis, candidates must show that they are aware of the methodological problems involved. Those candidates who intend to conduct an empirical study by participant observation, statistical survey or some other method used in the social sciences should indicate the relevant methodological concerns and techniques. Where appropriate, they should familiarise themselves with the Law Faculty’s Ethics guidelines. *** WEBLINK
6. Comparative studies
If the thesis is to involve a comparison of different legal systems, candidates should indicate which systems will be compared, with good reasons for their choice. If necessary, they may also be required to show at least a reading competence in the different language(s) involved.
7. Structure of the thesis
The thesis should be presented by way of a division into chapters, each one describing the general field of inquiry.
8. Research schedule
Give a rough indication of how long the initial period of research will last and how long will be spent writing up each section of the thesis. Please remember that at least three months should be allowed for preparation of the final document (ie, working from the penultimate draft through the various stages of printing, proof reading and binding).
9. Topic already covered
Applicants should indicate whether their topics are already the subject of research in a law (or cognate) faculty of another southern African university. The National Research Foundation has facilities to assist in this type of research.
3.3 PERIOD OF REGISTRATION