LLM Courses

As part of the specialised programme, the following courses on offer:

1. PVL5630F COMPARATIVE MINERAL LAW IN AFRICA (Compulsory)

In enabling the study of the theory and practice of mineral law, this course focuses on building understanding of the complexities of the mineral laws of selected African jurisdictions in their historical, constitutional and political setting. It introduces the topic by dealing with the prevalent regulatory frameworks for mineral law in Africa, and the core concepts. It deals specifically with the nature and content of rights to minerals. In doing so, it analyses critically the extent of current regulatory controls and/or lack thereof, focusing specifically on provisions dealing with resource rents, social and environmental responsibility, and governance in the mineral and petroleum sectors. This allows students to gain a critical understanding of the practical context in which mineral law operates, and the need for reform.

2. PVL5633S RESOURCE REVENUE LAW (Compulsory)

This course is aimed at students interested in the regulation of taxation of the resources sector, with a particular focus on minerals and petroleum resources. The course includes a discussion of the theoretical and practical considerations that inform the structure of the regulatory framework in this sector. The obligations placed on right holders in respect of mineral and petroleum resources are set out. Management of the risks inherent to the sector in the context of taxation is also canvassed, including international law considerations and obligations, as well as considerations that inform the domestic legal framework, such as local beneficiation. Other areas that are covered will include the distinction between source and residence taxation, the taxation of offshore exploration activities, and issues concerning transfer pricing in the sector.

3. PVL5631S NEGOTIATING EXTRACTIVE AGREEMENTS AND MINING CONTRACTS (Compulsory)

This course is aimed at students interested in the process of contract negotiations in the mining sector. The course will provide an overview of the nature of mining contracts, including the advantages and disadvantages of these contracts to furthering the goals of the broader legislative scheme governing mineral resources. It will provide a clear overview of the requirements for a valid contract and the types of terms and conditions typically encountered in contracts of this nature. It will furthermore set out the practical context within which these contracts are negotiated, providing insight into the imbalance of power (asymmetry of information) of negotiating teams. The stages of the negotiating process will be set out in detail, which includes the pre-negotiation, negotiation and post-negotiation stage. Finally, the concepts of good governance, transparency and accountability will be discussed throughout the course, given their importance to facilitating outcomes that are favourable to the public.

4. PVL5632F OIL AND GAS LAW IN SOUTH AFRICA (Elective)

This course is aimed at students interested in the regulation of the oil and gas sector, with a particular focus on the legal framework governing this sector. It will provide an overview of the role-players in the industry, as well as the various stages of project development. It focuses on selected practical and theoretical aspects of the South African law of oil and gas. The course aims to provide specialist knowledge on the governance and management of oil and gas, specifically focusing on the regulation of these resources by the state, licensing requirements and consequences, as well as issues of ownership of resources and land. Other issues that confront the industry will also be discussed, including black economic empowerment and other local content requirements, royalties and taxation, social and environmental responsibility, and administrative law.

5. PVL5636F: Extractives Law & The Just Energy Transition (Elective)

The course offers a theoretical engagement with discourses in Mineral and Petroleum Law and Policy under the global transition away from hydrocarbon-based production and consumption systems to low-carbon and/or renewable energy sources (the “Just Transition”). The reality of climate change means that an urgent transition to low- or net-zero energy systems are needed to ensure a sustainable future for humanity. Given the sheer quantity of minerals needed to facilitate the move away from fossil-fuel based energy generation, the extractive sectors will be at the forefront of this energy transition. The underlying complexities involved in such transitions raise critical questions about what the effects of such transition would be on the various rich and poor jurisdictions in the world, with the concern that it may perpetuate current inequalities caused by existing global systems of energy production and consumption. In this light, the proposed course aims are threefold: (i) to provide students with a structured opportunity to deepen their knowledge in understanding the role of law and policy in the Just Transition (ii) to enable students engage with the contested nature of Just Transition concept from a legal-theoretical perspective (iii) to enable students to participate in the discourse around the Just Transition and allow them to hone the intellectual tools that may advance their careers.

Contact mlia@uct.ac.za for further information.