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2023

Practical Legal Studies


LAWS 4003A
1. INTRODUCTION

The Practical Legal Studies (“PLS) course a full-year compulsory clinical attendance course for final-year
LLB students. The course is presented at the Wits Law Clinic (“Clinic”), a unit attached to the School of
Law. PLS is intended to develop and refine the theoretical foundational underpinnings of legal education
through skills training. The course utilises the live-client model of experiential learning to teach practice
under the supervision of qualified attorneys. Attendance requirements include clinical duty, tutorials
and formal lectures. The course covers components aimed at inculcating the following skills:
interviewing and statement taking, merit analysis, basic drafting of letters and pleadings, practical
aspects of legal practice, research and problem solving, legal ethics, leadership, practice management,
dispute resolution, preparation for trial and conduct during trial including examination and cross-
examination. Students’ performance in the course will be assessed through tests, assignments,
Professional Readiness Oral Exam and file work. The sub minimum rule as envisaged by rule 7.10 of the
general Rules of the University does not apply to PLS.
AIMS AND LEARNING OUTCOMES OF PRACTICAL LEGAL STUDIES

The aims of the Practical Legal Studies course are:

The PLS course aims to teach students how to apply and think about the law in practice. Solving actual
legal problems involves a combination of knowledge, skills and values. The course aims to establish,
refresh and consolidate the students’ knowledge of selected substantive law and procedure and to
teach certain essential practical skills. In the process of assisting the poor and marginalised in society,
students will be taught a set of values required of well-rounded practitioners.

The learning outcomes of the Practical Legal Studies course:

The course outcomes are described as being interviewing/fact investigation and counselling, critical
thinking and analysis, legal writing skills, research skills, knowledge of procedural and substantive law,
file management, oral communication, problem solving, professional responsibility including
attendance, initiative and sense of responsibilities and peer review. In the process of assisting the poor
and marginalised in society, we also hope to infuse you with a set of values required of well-rounded
practitioners.
2. Contact Details
COURSE COORDINATOR AND LECTURERS

SEMESTER 1 SEMESTER 2
NAME OF COURSE COORDINATOR
Ms Michaella De Sousa - (Course Co-Ordinator) - Family Unit
Office: WLC 204
Tel: 011 717 8570
Email: Michaella.Desousa@wits.ac.za

Professor Constantine Theophilopoulos (Interim Mr Daven Dass - General Unit


Director) - General Unit Office: WLC 201
Office: WLC 101 Tel: 011 717 8558
Tel: 011 717 8558 Email: Daven.Dass@wits.ac.za
Email:Constantine.Theophilopoulos@wits.ac.za

Professor Peter Jordi - Delict Unit Professor Stephen Tuson - Family Unit
Office: WLC 7 Office: WLC 110
Tel: 011 717 8559 Tel: 011 717 8560
Email: Peter.Jordi@wits.ac.za Email: Stephen.Tuson@wits.ac.za

Ms Alicia Leanne Raymond - Refugee Unit Office: Ms Dieketseng Damane - Labour Unit Office:
WLC 203 WLC 208
Tel: 011 717 8553 Tel: 011 717 8565
Email: Alicia.Raymond@wits.ac.za Email: Dieketseng.Damane@wits.ac.za

Mr Mbavhalelo Mmbadi - Property and Evictions Mr Marius Ferreira - Labour Unit


Unit Office: WLC 207
Office: WLC 205 Tel: 011 717 8557
Tel: 011 717 8532 Email: Marius.Ferreira@wits.ac.za
Email: Mbavhalelo.Mmbadi@wits.ac.za

COURSE ADMINISTRATOR

NAME OF COURSE ADMINISTRATOR


Ms V Setlhabi
Veronica.Setlhabi@wits.ac.za
QUERIES AND GRIEVANCE ISSUES:

Kindly take note of the following:


There is a policy about how issues should be escalated in the University. You can access it at:
http://www.wits.ac.za/students/student-grievance-procedures/. Usually, the first port of call is to
contact your assigned lecturer or the lecturer who presented a particular topic. The second call is to the
course coordinator. The third call is to the unit head under which the course falls and only as a final call
to the Head of School.

3. Contact & Study Time

LECTURE MODALITY

Face to face physical lectures:


All lectures for this course will be presented face to face in a designated lecture venue.
Supplementary information may be delivered via the student learning management system called
Ulwazi.
“Online” live question and answer sessions:
Where necessary and at the course coordinator’s discretion a link to a Zoom or MS Teams meeting
will be sent out via the Ulwazi announcements tab. Students will sign on to “attend” the session and
will be able to “raise their hand” to participate in the session.
Tutorial lectures:
All tutorial lectures will be conducted face to face on the days allocated (see below). Supplementary
information may be delivered via the student learning management system called Ulwazi.

LECTURES

Days Times Venues


Mondays – 14h15 – 16h15 Please see Unit Venue Allocations
Unit-Based at point 8
Mondays – 14h15 – 16h15
Plenary

PLEASE ENSURE THAT YOU FOLLOW THE WEEKLY LECTURE OUTLINE REGARDING WHEN PLENARY &
UNIT-BASED LECTURES TAKE PLACE!

TUTORIALS

Days Times Venues


Every 2 weeks To be confirmed with your Supervisor’s Office
Supervisor
PREPARATION AND STUDY TIME

The teaching time totals at 4 hours 30min per week. That leaves you with approximately a minimum
of 5 hours per week of reading, reflecting and/or completing assessments and working on allocated
case files. Independent reading, analysis and research are crucial skills for a legal professional. The
assumption is that you have prepared for the lectures by reading through the prescribed readings
before lectures.

ACCESS TO ULWAZI & EMAIL COMMUNICATIONS


Wits presently uses the “Ulwazi” Learning Management System, powered by CANVAS:
The online learning management system website can be accessed at https://ulwazi.wits.ac.za (best
viewed on Google Chrome). You will use your Wits login details (username = student email; password
= determined by you) to log into Ulwazi.

You will be automatically added to the relevant courses on registration. You will be allocated a course
tab under your name and student number on Ulwazi for each course that you are registered for – if you
are missing the tab for any course - please contact Wits ICT. Please check Ulwazi regularly for all online
course material.

Email communications:
In addition, all students are allocated a Wits email account which is used for communication with the
Law School. Please ensure that you check your Wits email often and that you use your Wits email
address when communicating with administrative and academic staff at Wits in order to ensure that
your email is not flagged as spam and deleted.
4. Study Material: Prescribed Books & Course Material

PRESCRIBED MATERIAL
All Prescribed Work Must Be Studied For All Assessments. You Will Not Be Able To Pass The Course
Without Having Studied The Prescribed Material.
PRESCRIBED MATERIAL:

1. “Clinical Law in SA” (3rd ed) by Mahomed et al.;

RECOMMENDED MATERIAL
Recommended Readings Are In Addition To Prescribed Reading And Will Assist You In
Understanding The Work.
RECOMMENDED MATERIAL:

1. “Fundamental Principles of Civil Procedure” (4ed) by Theophilopoulos et al;

2. “Superior Courts Act 10 of 2013 and Magistrate’s Courts Act 32 of 1944 and t h e
c o r r e s p o n d i n g Rules” (newest edition).

In addition, you will receive prescribed and/or recommended reading lists relating to specific topics
covered in plenary and unit based lectures.
5. Assessment and Mark Contributions

GUIDING PRINCIPLES OF ASSESSMENT


Our approach to assessment in this course is based on the Senate Standing Orders on Assessment of
Student Learning (hereafter the “Standing Orders”):
 Principles and values of assessment: The Law School is committed to assessment that is
“unbiased, fair, transparent, valid and reliable” and we use “a variety of assessment forms and
methods… carried out throughout the year”.
 Purposes of assessment: The purposes of assessment include teaching you the requisite
knowledge and skills, detecting problem areas in the work that deserve more attention, testing
whether you have met the outcomes for the course, and ensuring that you display the necessary
competencies required for you to progress towards completing your LLB or other degree.
 Forms of assessment: Assessments will be continuous (in other words, frequent and ongoing),
formative (done with the aim of giving you feedback to learn and grow in intellectual maturity),
integrated (testing your ability to integrate different parts of the work in a way that exposes you
to the so-called real world), and summative (testing you on different segments of the work
separately and collectively).
 Feedback on assessment: We undertake to give you feedback on the various assessment
opportunities within a reasonable time. Due to the number of students, we will generally provide
very brief and basic comments on written assessments.
 Record keeping: You are required to keep copies of the assessments that you have completed
until the final marks for the course have been published at the end of the year, usually in
December.
 Sub-minimum mark: No sub-minimum rule applies to this course’s assessment.
 Quality assurance of assessment: A percentage of the course in line with the applicable Standing
Orders will be externally moderated by a subject expert from another University.
SUMMARY OF ASSESSMENTS

Assessment Description Date Weighting:


Contribution
to final mark
(%)
Semester Theory Students will be required to 08 May 2023 30%
1 and Drafting complete a written test on
Test the substantive law and
procedure relevant to their
unit, the students’ ability to
write a basic legal letter is
also being assessed.

Semester Trial Advocacy During the third and fourth FULL 20%
blocks, students will take SEMESTER
2
part in a trial advocacy
program for which a
separate outline will be
provided. The trial advocacy
portfolio which will include
oral, drafting, management
and advocacy skills will be
weighted at 20% - 10% going
to drafting and 10% to oral
performance.

Professional During the fourth block, 09 TO 13 10%


Readiness students will complete an OCTOBER
Oral Exam oral assessment, where 2023
knowledge and
understanding of their file
work and the Clinical
experience as a whole will be
assessed. Students should
continuously prepare for this
assessment from the first
block and should use their
tutorials as a reference point
for this assessment. More
information about the
assessment will be given in
due course.

Course-work Throughout the year your CONTINUOUS 40%


Supervisor will monitor your
performance and
development including your
ability to work in with
colleagues in a pair
environment.
At the end of the course, a
mark is allocated to each
student individually based on
inter alia, the following
competencies:
communication skills; legal
writing skills; knowledge of
procedural and substantive
law; professional
management (including
working on files and
attendance); initiative
(including your participation
and completion of the MCQ
pop quizzes on Ulwazi;
completion of the Court
Report). The mark allocated
for these competencies will
contribute towards your final
Course-work mark.

FINAL MARK TOTAL: 100%

ADDITIONAL TIME APPLICATIONS:


Extra time may be extended to students whose proven disability prevents them from completing an
assessment in the allotted time. Applications must be made within the first three weeks of the
commencement of a course in each academic year. Late applications will not be considered, other
than in exceptional circumstances, e.g. acute injury. Extra time granted for matriculation
examinations does not apply –-–- a new application to the University must be made.

Application forms are available in the Faculty Offices, Disability Unit (DU), Campus Health and
Wellness Centre (CHWC), and Examinations and Graduation Office (EGO). See at:
http://www.wits.ac.za/students/exams/3638/extra_time.html.

PUBLICATION OF ASSESSMENT MARKS


Online assessment marks will be available on the course site on Ulwazi while in-person assessment
scripts will be available for collection at LB 41 (unless otherwise communicated to you). This does
not apply to final exam scripts.

Any queries or complaints about a marked script (excluding final exam scripts) must be raised within
two weeks from the date on which the marks become available. Should a student wish to consult
about the assessment, please email your lecturer to schedule a consultation time.
A marking guide for an assessment may be posted on Ulwazi. It is imperative that students first go
through the marking guide before scheduling a consultation with a lecturer. When querying a mark,
students are required to illustrate that they have read the marking guide.

For a final exam, there is a performance review option. This review is not a re-mark of the script. It is
simply a discussion of the script to see where the student went wrong and where the work can be
improved. However, errors such as a miscalculation of a mark will be rectified. The University rules
do not make provision for a re-mark.

6. Deferred and Supplementary Opportunities


Deferred Applications: A deferred assessment may be granted in exceptional circumstances, where
a student is unable to complete an assessment for specified reasons, such as illness.
Applications must be submitted within three days (72 hours) of the due date of the principal
assessment, and must comply with various requirements as set out in the following application forms:

For June & November exams: Submit your application to the CLM Faculty. Go to Student Self-
Service --> Academic Information --> Application for Deferred Assessment.

For all other assessments counting towards your final mark (e.g. assignments, class tests,
tutorials): submit your application to the school of law via:

https://www.wits.ac.za/zahrah/display/external/public/279/NEPDZVNJyc#section-intro

Contact the relevant course administrator if you are not able to access the link.

Please note:
 There is no deferred on a deferred.
 The lecturer/course coordinator is not involved in this process. Please do not email your
applications and supporting documentation to them.
 The lecturer/course coordinator has the discretion to decide on the format of the deferred
assessment taking into account the number of deferred students. Typically, the deferred
assessment takes the form of an oral assessment, where you will not have the luxury of time
to look up your answers.

Supplementary exams: No supplementary exams will be awarded to any students by Faculty, except
under specific conditions.
The Board of Examiners may award a student in the final year of study a maximum of two Special
Supplementary Exams once the following conditions are met:
 The student must have no more than two outstanding courses (either full year or semester
courses, regardless of course level or credit value) for degree completion and graduation (as per
the rules of the degree they are registered for).
 The student must have attained a mark of 40% or higher for both outstanding courses.

Please note that a supplementary exam covers the entire course syllabus.
7. Student Academic Misconduct
Unless otherwise indicated in this course outline, all work that you submit for assessment must be
your own unaided work. Please note that any work (or portion thereof) that you have submitted for
assessment/credit in another course may not be submitted for the same purpose in this course.

Academic misconduct includes any action which gains, attempts to gain, or assists others in gaining
or attempting to gain an unfair academic advantage. It includes plagiarism, which is a form of cheating
or stealing and is a serious disciplinary offence. It means using the words, ideas or information
produced by another person (source) without properly acknowledging that the words, ideas, or
information come from that person (or source). Whether you use material that you obtained from a
textbook, a journal article, a reported case or an essay on the Internet, you must acknowledge your
source. In addition, if you are quoting from the source (even if you are changing the word sequence,
or omitting certain parts), you have to put the quoted words in quotation marks. If you do not, you
will be committing plagiarism.

Please familiarise yourself with the different types of academic misconduct that must be avoided.

A useful summary of different types of plagiarism can be found at:


https://www.turnitin.com/static/plagiarism-spectrum/.

Should you be guilty of academic misconduct you will, at best, end up losing your marks for that piece
of work (i.e. the penalty for plagiarism is a zero grade). You may be prosecuted in a Student Discipline
Court. In serious cases, the sentence could well be exclusion from the University.

Whatever the sentence, any disciplinary conviction is reflected on your student record. This can have
grave consequences for your future career. The University’s policy on plagiarism does not distinguish
between deliberate and accidental plagiarism and regards both as unethical and punishable.

If found guilty you will also not receive a ‘fit and proper letter’ or ‘certificate of good conduct’ on
completion of your degree. A fit and proper letter is required to register as a candidate legal
practitioner and to be admitted as a legal practitioner.

Please use the following link for the Student Academic Misconduct Policy:

https://www.wits.ac.za/media/wits-university/about-wits/documents/Academic-misconduct-
policy.pdf
8. Study Themes & Outcomes

The exit-level outcome for this course can be formulated as follows:

By the end of this course, you should be able to apply and think about the law in practice. Solving
actual legal problems involves a combination of knowledge, skills and values. The course aims to
establish, refresh and consolidate your knowledge of selected substantive law and procedure and to
teach you certain essential practical skills. The course outcomes are described as being
interviewing/fact investigation and counselling, critical thinking and analysis, legal writing skills,
research skills, knowledge of procedural and substantive law, file management, oral communication,
problem solving, professional responsibility including attendance, initiative and sense of
responsibilities and peer review. In the process of assisting the poor and marginalised in society, we
also hope to infuse you with a set of values required of well-rounded practitioners.

In order for us to reach this exit-level outcome, the following study themes and more
specific outcomes must be attained.

COURSE STRUCTURE

The course consists of three formal components - lectures, tutorials and Clinic duty. Each of
these is explained in more detail below:
Plenary and Unit based lectures: Periods 6 and 7 on Mondays are set aside for plenary
lectures or unit based lectures. The lecture schedule is set out below.

Plenary: A plenary lecture means that it is a lecture for the entire PLS class.
During these lectures, you will receive tuition on specific areas of
practice, procedure and ethics. We also invite a few guest lecturers to
present talks on their experience as legal practitioners and current
issues facing the legal profession. These lectures will be conducted in
person. The venue for Plenary Lectures will be NCB 1, unless
otherwise communicated on Ulwazi.
Unit: A unit-based lecture is for a particular unit where a student is
allocated. During these lectures, you will receive tuition on the areas
of law, procedure and skills specific to that unit. These lectures will be
contact lectures conducted in the respective Units’ lecture venues.
Venues for Unit-Based Lectures:
FAMILY UNIT NCB 1
GENERAL UNIT LB 145
LABOUR UNIT SHB 4
PROPERTY UNIT CLM 102
DELICT UNIT OGS 1
REFUGEE UNIT LB 143
Student Pairs: Clinic duty and all client in-take is done in pairs. You can choose a partner
during the registration process, or a partner will be allocated to you at random. You will work
closely with your partner for the duration of the course. When pairing students, we try our
utmost to accommodate your first choice of partner. You and your partner will be allocated
to a specific unit and a specific Supervisor within that unit.

Clinic Duty: Twice a month you and your partner will spend one to two hours in the Clinic
consulting with clients. Your scheduled clinic duty is dependent on the group you have been
allocated to. During Clinic duty, you will consult with clients and advise them in consultation
with your supervisor. Your Clinic duty is scheduled according to the unit you work in, for
example, the Family Unit consults on Monday mornings only. You and your partner are the
lead attorneys on any file opened by you and you are ultimately responsible for the files you
open even though some tasks on those files may in appropriate circumstances be allocated
to a candidate legal practitioner. Students are advised that the Clinic is closed during public
holidays and that there will be no Clinic duty on those days.

Tutorials: You will be required to attend 30-minute tutorial sessions together with your
partner. You will attend bi-monthly tutorials with your supervisor (in their office) where your
case files are discussed, problems are identified and strategies are developed to solve the
clients’ problems.

ALLOCATION TO UNITS

The Clinic has several specialised units. These units are staffed by specific Supervisors and
candidate legal practitioners. Each unit consults with members of the public on a particular
weekday. The most important factor determining whether a student can be allocated to a
particular unit depends on that student’s university timetable. The student must ensure that
the unit he/she selects does not clash with any other faculty subject.

Your Clinic duty time will be one of the following slots:

FAMILY UNIT 08H00 – 10H00 MONDAYS 10H00 – 12H00 MONDAYS


GENERAL UNIT 08H00 – 10H00 TUESDAYS 10H00 – 12H00 TUESDAYS
LABOUR UNIT 08H00 – 10H00 WEDNESDAYS 10H00 – 12H00 WEDNESDAYS
PROPERTY UNIT 08H00 – 10H00 THURSDAYS 10H00 – 12H00 THURSDAYS
DELICT UNIT 08H00 – 10H00 FRIDAYS 10H00 – 12H00 FRIDAYS
REFUGEE UNIT 12H00 – 14H00 WEDNESDAYS 12H00 – 14H00 FRIDAYS

PLEASE NOTE: You are only required to be available for Clinic duty for one two-hour slot. That
is, either the 08H00 – 10H00 or the 10H00 – 12H00 slot. For the Refugee Clinic you are
required to attend either the Wednesday 12H00 – 14H00 slot or the Friday 12H00 – 14H00
slot etc. Please note that when selecting your unit, you should ensure that you are available
for at least one of the two-hour time slots for both the first and second semester. YOU ARE
NOT PERMITTED TO CHANGE UNITS. ONCE YOU ARE ALLOCATED TO A UNIT, NO CHANGES
WILL BE MADE.

PLEASE NOTE FURTHER THAT: PLS is a compulsory course and takes precedence over elective
courses as far as the timetable is concerned.
9. PLS CURRICULUM 2023
SEMESTER 1
FIRST BLOCK

WEEK 1 : 27 February 2023 – 3 March 2023

Lecture: 27 February 2023: Plenary Session (NCB 1)


Topic: INTRODUCTION TO PLS, GENERAL CLINIC RULES AND PROCEDURE,
REGISTRATION
Lecturer: Co-Course Co-Ordinator (Michaella de Sousa) & Clinic Interim Director (Prof
Constantine Theophilopoulos).
Description: Students are given a general introduction to the course, Clinic procedures and
assessments to be expected in the course. The assessment criteria relevant to PLS
will be explained to students.
Clinic Duty: There is no clinic during this week; students need to pick a partner (if possible) and
complete in the PLS registration form which can be found on Ulwazi, physical
copies will be available during the first lecture. Once the form is complete, it should
be uploaded under assignments on Ulwazi. NO STUDENT IS TO EMAIL THEIR
REGISTRATION FORM. All forms are due by 17:00 pm on Friday, 3 March 2023. It
will not be possible to submit a late PLS registration form.
Please note that you are not guaranteed any choice of unit and the primary
determinant of your unit allocation will be the needs of the Clinic and your
availability based on your official timetable. Accordingly, you are required to
have and submit your full first and second semester timetable whilst completing
the Clinic registration form.
Tutorials: None

WEEK 2 : 06 March 2023 – 10 March 2023

Plenary: 07 March 2022: Plenary Session (NCB 1)


Topic: ORIENTATION & FILE MANAGEMENT
Lecturer: Michaella de Sousa & Alicia Raymond
Description: Students will be given orientation material for the Clinic and its facilities. The
procedures in the clinic will be explained including all the forms required for
opening files.
Readings: Chapter 5 Clinical Law in SA
Clinic Duty: Allocations of Unit will be placed on Ulwazi on 10 March 2022, make sure to check
your unit, timeslot and who your partner is. The Allocations will also divide you into
a group for Clinic duty. This means that you must attend that Clinic Duty session
only. Clinic duty will only commence during week 4.
Tutorials: None

WEEK 3 : 13 March 2023 – 18 March 2023

Plenary: 13 March 2023: Unit Based Session (Unit Venues)

Topic: INTERVIEWING SKILLS & BASIC DRAFTING: LETTERS AND STATEMENTS


Lecturer: All Supervisors: Unit Based Session
Description: Your Supervisor will cover interviewing skills and the structure of a statement and
basic letter, some do’s and don’ts and different types of letters including unit-
specific letters.
Readings: Chapter 4 & 9 Clinical Law in SA
Clinic Duty: No clinic this week. Supervisors will take their students on a walk through the Clinic
and touch on the previous week’s plenary lecture dealing with the Clinic
Orientation and File Management. Students should also use this time to
familiarise themselves with their unit.
Tutorials: All partners need to get in touch with each other and thereafter their Supervisor
to determine their tutorial time slot. If you cannot contact your partner, please
contact your Supervisor. All tutorial slots must be chosen before the end of the
week 17 March 2023.

WEEK 4 : 20 March 2023 – 24 March 2023

Plenary: 20 March 2023: Unit Based Session (Unit Venues)


Topic: UNIT-BASED LAW AND PROCEDURE 1
Lecturer: All Supervisors: Unit Based Session
Description: Students will attend unit-based sessions where the law and procedure applicable
to the various units will be discussed. There will also be brief discussions reflecting
on the students’ clinical experiences thus far.
Supervisors will also introduce the Court Report which will be due on 21 July 2023
and contributes towards the students’ course participation and initiative mark for
purposes of the Course-work Mark.
A pop quiz will be uploaded on Ulwazi for completion by 17:00 pm on Friday 24
March 2023, dealing with notes placed on Ulwazi on Issuing, Service, Filing,
Jurisdiction and Prescription. The pop quiz contributes towards the students’
course participation and initiative mark for purposes of the Course-work Mark
Readings: You will be advised by your Supervisor and/or resources will be placed on Ulwazi.
Clinic Duty: Scheduled Clinic duty for GROUP A this week except the GENERAL UNIT
students because Tuesday is a public holiday.
Tutorials: Tutorials for GROUP A commence this week. Tutorials take place in the
Supervisor’s office or at a venue communicated to you at the pre-arranged time.

WEEK 5 : 27 March 2023 – 31 March 2023

Plenary: 28 March 2022: Unit Based Session (Unit Venues)


Topic: UNIT-BASED LAW AND PROCEDURE 2
Lecturer: All Supervisors: Unit Based Session

Description: Students will attend unit-based sessions where the law and procedure applicable
to the various units will be discussed. There will also be brief discussions reflecting
on the students’ clinical experiences thus far.
A pop quiz will be uploaded on Ulwazi for completion by 17:00 pm on Friday 31
March 2023, dealing with notes placed on Ulwazi on Order of Pleadings in Action
and Application proceedings. The pop quiz contributes towards the students’
course participation and initiative mark for purposes of the Course-work Mark.
Readings: You will be advised by your Supervisor and/or resources will be placed on
Ulwazi.
Clinic Duty: Scheduled Clinic duty for GROUP B this week.
Tutorials: Tutorials for GROUP B commence this week. Tutorials take place in the
Supervisor’s office or at a venue communicated to you at the pre-arranged time.
WEEK 6: 03 April 2023 – 06 April 2023

Plenary: 03 April 2023: Unit Based Session (Unit Venues)


Topic: UNIT-BASED LAW AND PROCEDURE 3
Lecturer: All Supervisors: Unit Based Session

Description: Students will attend unit-based sessions where the law and procedure applicable
to the various units will be discussed. There will also be brief discussions reflecting
on the students’ Clinical experiences thus far.
A pop quiz will be uploaded on Ulwazi for completion by 17:00 pm on Thursday,
06 April 2023, dealing with notes placed on Ulwazi on Order of Pleadings in Action
and Application proceedings. The pop quiz contributes towards the students’
course participation and initiative mark for purposes of the Course-work Mark.
Readings: You will be advised by your Supervisor and/or resources will be placed on
Ulwazi.
Clinic Duty: Scheduled Clinic duty for GROUP A this week except the DELIC AND REFUGEE
UNIT students because Friday falls on the study/research break.
Tutorials: Tutorials for GROUP A commence this week. Tutorials take place in the
Supervisor’s office or at a venue communicated to you at the pre-arranged time.
SEMESTER 1
SECOND BLOCK
WEEK 7 : 17 April 2023 – 21 April 2023

Plenary: 17 April 2023: Unit Based Session (Unit Venues)


Topic: DRAFTING 1
Lecturer: All Supervisors: Unit Sessions
Description: Your unit-based session will commence with a discussion on the general rules
regarding the drafting of pleadings, notices and applications. Thereafter, the
drafting of typical court documents relevant to each unit will be discussed.
A pop quiz will be uploaded on Ulwazi for completion by 17:00 pm on Friday, 21
April 2023, dealing with notes placed on Ulwazi on Order of Citation of Parties and
the Rules relating to pleading generally. The pop quiz contributes towards the
students’ course participation and initiative mark for purposes of the Course-work
Mark.
Readings: Chapter 10 Clinical Law in SA and further readings prescribed by your
Supervisor.
Clinic Duty: Scheduled Clinic duty for GROUP B.
Tutorials: Tutorials for GROUP B commence this week. Tutorials take place in the
Supervisor’s office or at a venue communicated to you at the pre-arranged time.

WEEK 8 : 24 April 2023 – 28 April 2023

Plenary: 24 April 2023: Unit Based Session (Unit Venues)


Topic: DRAFTING 2 & REVISION
Lecturer: All Supervisors: Unit Sessions
Description: Students will attend unit-based sessions where the drafting of typical court
documents relevant to each unit will be discussed. Supervisors will also revise
work covered in the previous Unit-Based Law and Procedure lectures in
anticipation of the Test to be written on 08 May 2023.
Readings: You will be advised by your Supervisor and/or resources will be placed on
Ulwazi.
Clinic Duty: Scheduled Clinic duty for GROUP A excluding PROPERTY UNIT because Thursday is
a public holiday.
Tutorials: Tutorials for GROUP A commence this week. Tutorials take place in the
Supervisor’s office or at a venue communicated to you at the pre- arranged time.

WEEK 9 : 01 May 2023 – 05 May 2023

Plenary: 01 May 2023 (PUBLIC HOLIDAY NO LECTURE)


Topic: N/A
Lecturer: N/A
Description: N/A
Readings: N/A
Clinic Duty: Scheduled Clinic duty for GROUP B this week except the FAMILY UNIT
because Monday is a public holiday.
Tutorials: Tutorials for GROUP B commence this week. Tutorials take place in the
Supervisor’s office or at a venue communicated to you at the pre-arranged time.
Supervisors will be available for any questions from students regarding the test.

WEEK 10 : 08 May 2023 – 12 May 2023

Plenary: 09 May 2022: Unit Based Session (Unit Venues)


Topic: UNIT-BASED LAW AND PROCEDURE TEST
Lecturer: All Supervisors: Unit Sessions
Description: Students will write a test on the content of weeks 3, 4, 5, 6, 7 and 8 as well as any
other legal theory taught in tutorials. The test will encapsulate both law/theory
and the ability to draft a basic letter. The test will be written in person in the Unit-
Based lecture venues.
Readings: N/A
Clinic Duty: Scheduled Clinic duty for GROUP A this week.
Tutorials: Tutorials for GROUP A commence this week. Tutorials will take place in the
Supervisor’s office or at a venue communicated to you at the pre-arranged time
should you want to use a check-in slot.
WEEK 11 : 15 May 2023 – 19 May 2023

Plenary: 15 May 2022: Plenary Session (NCB 1)


Topic: TRIAL ADVOCACY PORTFOLIO 1
Lecturer: Michaella de Sousa
Description: This lecture will deal with a brief outline and explanation of Trial Advocacy and the
Trial Groups. The problem question will be distributed to students by the legal
secretaries. Each group will collect their problem from a legal secretary. This will
be explained during the lecture.
Readings: The Trial Advocacy Problem – client and witness statements.
Clinic Duty: Scheduled Clinic duty for GROUP B this week.
Tutorials: Tutorials for GROUP B commence this week. Tutorials take place in the
Supervisor’s office or at a venue communicated to you at the pre-arranged time.

WEEK 12 : 22 May 2023 – 26 May 2023

Plenary: 22 May 2022: Plenary Session (NCB 1)


Topic: TRIAL SKILLS: ANALYSIS OF PLEADINGS & EVIDENCE
Lecturer: Marius Ferreira and Prof Constantine Theophilopoulos
Description: Plenary session dealing with pre-trial preparation, analysis of pleadings and
evidence.
Readings: To be supplied
Clinic Duty: Scheduled Clinic duty for GROUP A this week.
Tutorials: Tutorials for GROUP A commence this week. Tutorials take place in the
Supervisor’s office or at a venue communicated to you at the pre-arranged time.

WEEK 13 : 29 May 2023 – 02 June 2023

Plenary: 29 May 2023: Plenary Session (NCB 1)


Topic: TRIAL SKILLS: CONDUCT OF A TRIAL
Lecturer: Prof Steve Tuson & Prof Constantine Theophilopoulos
Description: Plenary session dealing with court demeanour, opening statements, examination-
in-chief, cross-examination and closing arguments.
Readings: Chapter 13 Clinical Law in SA.
Clinic Duty: Scheduled Clinic duty for GROUP A GENERAL, PROPERTY, DELICT and REFUGEE
UNITS and GROUP B FAMILY UNIT ONLY this week.
Tutorials: Tutorials for GROUP B (ALL UNITS) commence this week. Tutorials take place
in the Supervisor’s office or at a venue communicated to you at the pre-arranged
time.

END OF SEMESTER ONE


SEMESTER 2
THIRD BLOCK
WEEK 14 : 17 July 2023 – 21 July 2023

Plenary: 17 July 2023: Plenary Session (NCB 1)


Topic: TRIAL ADVOCACY PORTFOLIO 2
Lecturer: Michaella de Sousa
Description: In the first session, your Trial Advocacy Course Outline will be handed out and
explained. This session is strictly compulsory as important information regarding
the trial advocacy exercise will be disseminated which you will not be able to
enquire about other than in this session.
Readings: The Trial Advocacy Course Outline.
Clinic Duty: Scheduled Clinic duty for GROUP B this week.
Tutorials: Tutorials for GROUP B commence this week. Tutorials will take place in the
Supervisor’s office or at a venue communicated to you at the pre-arranged time
should you want to use a check-in slot. Please note that students should pick a
new tutorial-time slot because of the new semester. These slots need to be
picked and confirmed by your supervisor before 21 July 2022.

REMINDER: Students are to submit the Court Report on Ulwazi under the
designated assignment tab by 17h00 on 21 July 2023. The Court Report contributes
towards the students’ course participation and initiative mark for purposes of the
Course-work Mark.

WEEK 15 : 24 July 2023 – 28 July 2023


Plenary: 24 July 2023: Plenary Session (NCB 1)
Topic: PROFESSIONAL NEGLIGENCE AND INDEMNITY INSURANCE
Lecturer: Guest Speakers
Description: Plenary session by guest speakers from the Legal Practitioners’ Insurance
Indemnity Fund.
Readings: N/A
Clinic Duty: Scheduled Clinic duty for GROUP A this week.
Tutorials: Tutorials for GROUP A commence this week. Tutorials take place in the
Supervisor’s office or at a venue communicated to you at the pre-arranged time.

WEEK 16 : 31 July 2023 – 04 August 2023


Plenary: 31 July 2023: Plenary Session (NCB 1)
Topic: ATTORNEYS’ NUMERACY SKILLS AND COSTS
Lecturer: Steve Tuson (Numeracy) & Mbavhalelo Mmbadi (Costs)
Description: The first part of the session will deal with numeracy specific to the attorneys’
profession such as calculation of interest on debts, compound interest and the
operation of the in duplum rule to debts in general and judgments in particular as
well as the different kinds of costs and cost orders that can be made. Bills of Costs
will also be discussed.
Readings: Chapter 6 Clinical Law in SA.
Clinic Duty: Scheduled Clinic duty for GROUP B this week except the GENERAL UNIT as Tuesday
falls on a public holiday.
Tutorials: Tutorials for GROUP B commence this week. Tutorials take place in the
Supervisor’s office or at a venue communicated to you at the pre-arranged time.

WEEK 17 : 07 August 2023 – 11 August 2023

Plenary: 07 August 2023: Plenary Session (NCB 1)


Topic: PROFESSIONAL CONDUCT & ETHICS
Lecturer: Daven Dass
Description: Plenary session dealing with the rules of professional conduct and the
relationships between attorneys and role-players in the profession.
Readings: Chapter 3 Clinical Law in SA.
Clinic Duty: Scheduled Clinic duty for GROUP A excluding LABOUR UNIT as Wednesday is a
public holiday.
Tutorials: Tutorials for GROUP A commence this week. Tutorials take place in the
Supervisor’s office or at a venue communicated to you at the pre-arranged time.
WEEK 18 : 14 August 2023 – 18 August 2023

Plenary: 14 August 2023: Plenary Session (NCB 1)


Topic: PROFESSIONAL CONDUCT, ETHICS & ORGANIZATION OF THE LEGAL PROFESSION
PROFESSIONAL READINESS CONVERSATION WITH PLS SUPERVISORS
Lecturer: Dieketseng Damane & LEAD Speaker
Michaella de Sousa
Description: The first half of the plenary session will deal with the rules of professional conduct
and the relationships between attorneys and role-players in the profession. This
session will also deal with the possible career options and routes that a graduate
may take once they obtain their degree.
In the second session, the course co-ordinators will give the students information
on the Professional Readiness Oral Exam to take place in week 25 and topics
covered in the assessments will be confirmed. The sign-up sheets for the
Professional Readiness Oral Exam will go up on Tuesday morning 22 August 2023
outside office No 3.
Readings: Chapter 3 Clinical Law.
Clinic Duty: Scheduled Clinic duty for GROUP B this week.
Tutorials: Tutorials for GROUP B commence this week. Tutorials take place in the
Supervisor’s office or at a venue communicated to you at the pre-arranged time.

WEEK 19 : 21 August 2023 – 25 August 2023


Plenary: N/A
Topic: TRIAL ADVOCACY – PREPARATION 1
Lecturer: ---
Description: Students are given an opportunity to meet in their lecture time for PLS to work on
their trial advocacy portfolios. Students are required to determine how they wish
to conduct the meeting.
Readings: Trial Advocacy Outline and ULWAZI Announcements
Clinic Duty: Scheduled Clinic duty for GROUP A this week.
Tutorials: Tutorials for GROUP A commence this week. Tutorials take place in the
Supervisor’s office or at a venue communicated to you at the pre-arranged time.
WEEK 20 : 28 August 2023 – 01 September 2023
Plenary: N/A
Topic: TRIAL ADVOCACY – PREPARATION 2
Lecturer: ---
Description: Students are given an opportunity to meet in their lecture time for PLS to work on
their trial advocacy portfolios. Students are required to determine how they wish
to conduct the meeting.
Readings: Trial Advocacy Outline and ULWAZI Announcements
Clinic Duty: Scheduled Clinic duty for GROUP B this week.
Tutorials: Tutorials for GROUP B commence this week. Tutorials take place in the
Supervisor’s office or at a venue communicated to you at the pre-arranged time.
SEMESTER 2
FOURTH BLOCK
WEEK 21 : 11 September 2023 – 15 September 2023

Plenary: 11 September 2023


Topic: TRIAL ADVOCACY – COURT DAY 1
Lecturer: All Supervisors
Description: On this day, the first group of students in each respective unit will
participate in a trial based on their trial advocacy portfolio. The trial will be
adjudicated upon by the unit Supervisor. All court skills learned in Weeks
12, 13 and 14 will be assessed. (Refer to the Trial Advocacy Outline for
further information).
Clinic Duty: Scheduled Clinic duty for GROUP A this week.
Tutorials: Tutorials for GROUP A commence this week. Tutorials take place in the
Supervisor’s office or at a venue communicated to you at the pre-arranged
time.

WEEK 22 : 18 September 2023 – 22 September 2023

Plenary: 18 September 2023


Topic: TRIAL ADVOCACY – COURT DAY 2
Lecturer: All Supervisors
Description: On this day, the second group of students in each respective unit will
participate in a trial based on their trial advocacy portfolio. The trial will be
adjudicated upon by the unit Supervisor. All court skills learned in Weeks
12, 13 and 14 will be assessed. (Refer to the Trial Advocacy Outline for
further information).
Clinic Duty: Scheduled Clinic duty for GROUP B this week.
Tutorials: Tutorials for GROUP B commence this week. Tutorials take place in the
Supervisor’s office or at a venue communicated to you at the pre-arranged
time. Students are reminded to ensure that they sign-up for their 15-
minute Professional Readiness Oral Exam by 19 September 2023.

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WEEK 23 : 25 September 2023 – 29 September 2023

Plenary: 25 September 2023


Topic: N/A
Lecturer: N/A
Description: N/A
Readings: N/A
Clinic Duty: Scheduled Clinic duty for GROUP A excluding FAMILY UNIT because Monday is
a public holiday.
Tutorials: Tutorials for GROUP A commence this week. Tutorials take place in the
Supervisor’s office or at a venue communicated to you at the pre-arranged
time.

WEEK 24 : 02 October 2023 – 06 October 2023

Plenary: 02 October 2023


Topic: TRIAL ADVOCACY – COURT DAY 3
Lecturer: All Supervisors
Description: On this day, the last group of students in each respective unit will
participate in a trial based on their trial advocacy portfolio. The trial will be
adjudicated upon by the unit Supervisor. All court skills learned in Weeks
12, 13 and 14 will be assessed. (Refer to the Trial Advocacy Outline for
further information).
Clinic Duty: Scheduled Clinic duty for GROUP B this week.
Tutorials: Tutorials for GROUP B commence this week. Tutorials take place in the
Supervisor’s office or at a venue communicated to you at the pre-arranged
time.

Students are reminded that week 24 is the last week of tutorials

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WEEK 25 : 09 October 2023 – 13 October 2023
Plenary: N/A
Topic: PROFESSIONAL READINESS ORAL EXAM
Lecturer: N/A
Description: You will be questioned on the law and procedure covered in your unit-based
lectures as well as the content of the plenary lectures. Any additional subject
matter will be communicated to you by your Supervisors. This oral counts for
10% of your total mark.

Readings: CONTENT COVERED IN UNIT AND PLENARY LECUTURES


Clinic Duty: NO CLINIC DUTY THIS WEEK
Tutorials: NO TUTORIALS THIS WEEK
Please note that you will not have access to your Supervisors during this week,
as they will be conducting oral assessments all week. Since there are no PLS
lectures, tuts or clinic duty this week, you may schedule your 15-minute oral
assessment slot during these or any other times on your Supervisor’s sign-up
sheet or during any other available time-slots communicated to you by your
Supervisor.

WEEK 26 : 16 October 2023 – 20 October 2023


Plenary: N/A
Topic: FILE ORGANISATION
Lecturer: N/A
Description: Students are to finalise their files and ensure that all files are up-to-date and
consult with their Supervisors during assigned office hours to ensure that all
instructions have been attended to correctly. All files which should be closed
MUST have completed File Closing Certificates for Supervisors to sign and
baskets MUST be tidy.
Readings: N/A
Clinic Duty: Scheduled Clinic duty for GROUP A FAMILY UNIT & LABOUR UNIT ONLY.
Tutorials: NO TUTORIALS THIS WEEK
Please note that your Supervisors will provide you with office hours within
which you may consult to ensure that you have completed all work on your files.

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WEEK 27 : 23 October 2023 – 23 October 2023
Plenary: N/A
Topic: N/A
Lecturer: N/A
Description: N/A
Clinic Duty: N/A
Tutorials: N/A

ALL FILES MUST BE IN ORDER AND READY FOR FINAL MARKING BY THE
END OF THIS WEEK

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10. Your Success and Well-Being

ROAD TO SUCCESS PROGRAMME:


The Road to Success Programme, or RSP is the Faculty of Commerce, Law, and Management’s
student success and support programme. It provides non-academic support to first-year
through fourth-year students in the faculty. The RSP aims to guide CLM students on their path
to personal and academic success from registration to graduation. This is achieved through
an integrated network of group tutorials and one-on-one consultations with RSP Advisors. The
RSP aims to help students succeed by helping them take responsibility for their own success,
and can assist with:
 the development of excellence skills (e.g. time management, study skills for
university, note taking, and reflective practice);
 personal problems and concerns;
 food and clothing provisions;
 funding applications;
 academic advising.

RSP Coordinators
Name: Tshepiso Maleswena
Office: CLM Building, Room 50
Email address: Tshepiso.Maleswena@wits.ac.za
Office phone: (011)-717 8138
Advisors:
Name: Aneshree Nayager
Office: CLM Building, Room 52
Email address: Aneshree.Nayager@wits.ac.za
Name: Mbongeni Shungube
Office: CLM Building, Room 50
Email address: Mbongeni.Shungube@wits.ac.za
Name: Siyasamkela Jinoyi
Office: CLM Building, Room 49
Email address: siyasamkela.jinoyi@wits.ac.za

COUNSELLING & CAREER DEVELOPMENT UNIT (CCDU):


Based on an ethos of student-centeredness, the CCDU is staffed by a small but dedicated team
of professionals inclusive of psychologists, social workers, careers educators, life coaches and
administrators who offer a variety of supportive and empowering services to the student
community.

The following services are available through the Counselling & Careers Development Unit:
 Career Services - career development through career counselling/education,
psychometric career assessments and personal development workshops.
 Therapy Services - one-on-one counselling and/or group therapy, trauma debriefing and
psycho-education in the form of workshops and talks.
 HIV/AIDS Education and Support Services - holistic interventions and programmes for
students affected and infected by HIV/AIDS.

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 Learn for Life - is a structured programme that provides psychosocial learning and life
skills development for students through the facilitation of group processes,
presentations, workshops and trainings.
 Graduate Recruitment - A programme that facilitates contact between students and
prospective employers through the organisation of career exhibitions, company
presentations, and foyer interviews.

Emergency & After Hours contacts:


 LifeLine (24 hours) 011 728 1347 or 0861 322 322
 South African Depression and Anxiety Group (SADAG) (08h00-20h00)
o SADAG Helpline: 0800 12 13 14 or SMS 32312
o SADAG Suicide Crisis Line 800 567 567 or SMS 31393
 Akeso Psychiatric Response Unit (24 Hour) 0861 435 7

STUDENT ELEARNING ADVISOR SUPPORT FOR USING ULWAZI AND TURNITIN


If you need assistance with anything related to Ulwazi for learning or online assessments,
please contact Phumzile Shongwe at the CLM Teaching and Learning Centre. She can assist
with:
 how to log into Ulwazi
 how to find and download course material in Ulwazi
 how to submit online assignments to Ulwazi
 how to view Turnitin reports
 how to take online quizzes
 how to view grades
 how to use Microsoft Teams
 and more
Email: COLTStudentSupport@wits.ac.za

WITS SCHOOL OF LAW WRITING CENTRE

Wits School of Law has its own writing centre, staffed by two academics (Dr Mkhululi Nyathi
and Dr Jean Moore) and a group of peer writing consultants (senior LLB or LLM students
who are trained to assist with legal and academic writing). The writing centre, and writing
centre offices, are on the ground floor of the Law building, between the library and the
administrative block.
Writing Centre staff are mandated to assist with writing matters only – such as structure,
development of argument, coherence, style, language, understanding plagiarism, and
referencing. They will not advise on content.

Tips for the most productive use of the writing centre:


 Contact us early on in your research and writing process: We can only really help if
you leave yourself enough time to apply the feedback we give you. We are not able
to assist just before submission deadlines.
 Send us a draft of your work before your consultation, so that we are able to read it
before we meet with you.

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 We do not edit your work or footnotes for you – that is your job. If you struggle with
either of these areas, though, speak to us early and we will help you to develop these
skills for yourself.
 We can help you to understand what plagiarism means and point out any glaring
examples, but you are solely responsible for ensuring that there is no plagiarism in
your work.

How to book a session at the writing centre:


 All bookings for appointments to see a peer writing consultant are made through our
booking engine: witslawwritingcentre.youcanbook.me. (NB: this link will only go live
on Friday the 3rd of March 2023, once the consultation schedule is finalised). The
consultation schedule will be sent to all Law students, via your student email.

 Bookings need to be made at least 24 hours in advance. Choose the day and time
that suits you, and fill in your details. You can choose whether to meet in person or
online. If you select an online consultation, a consultant will contact you to set up the
online meeting. For in-person consultations, please just arrive at the Writing Centre a
few minutes before your scheduled appointment.

If you subsequently realise that you cannot attend the consultation at that time, please
ensure that you cancel your appointment, so that another student can use that time instead.

If you experience any problems with the booking engine, please email Dr Jean Moore
(jean.moore@wits.ac.za).

The writing centre will be open for consultations from Monday 6 March 2023. Please note
that writing consultants are only available during term time and not during the breaks
between blocks. If you require urgent writing assistance during the breaks, you may email Dr
Nyathi (mkhululi.nyathi@wits.ac.za) or Dr Moore (email above).

Research students (fourth year research essay; LLM research report; LLM dissertation; and
PhD) generally consult with one of the academic staff members at the writing centre, Dr
Nyathi or Dr Moore. This must be done with the agreement of your supervisor. Research
consultation requests should be sent via email, not through the booking engine.

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