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Legal skills for first‐year law students: Too little, too late?

Article  in  The Law Teacher · January 2005

DOI: 10.1080/03069400.2005.9993180

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LEGAL SKILLS FOR FIRST-YEAR LAW STUDENTS:
TOO LITTLE, TOO LATE?

Anton Kok BComm LLB LLM (UP)

Department of Legal History, Comparative Law and Legal Philosophy
Faculty of Law, University of Pretoria

Annelize Nienaber BA(Hons) (Wits), HdiplEd (Wits), LLM (UP)

Department of Legal History, Comparative Law and Legal Philosophy
Faculty of Law, University of Pretoria

Abstract
Several South African law faculties and schools offer skills courses at first-year level. These
courses aim to introduce students to the basic skills required for study in law. In 1998, the
University of Pretoria introduced such a course; named Legal Skills; which focuses on
enhancing reading, writing, and speaking skills, as well as developing study and research
skills. Freshman law students are taught where to find and how to read case reports,
legislation, journal articles, textbooks; how to formulate and write legal opinions; how to draft
letters to clients and how to construct a legal argument. This paper evaluates the
comparative success and/or failure of the course offered at the University of Pretoria.
Specifically, we examine the difficulties experienced by students studying law in a language
other than their mother tongue. In the light of prevailing inadequate secondary schooling we
pose the question as to whether more could be done to prepare students for university legal
studies.

1 Introduction
As is the case with other law faculties in South Africa, the Faculty of Law at
the University of Pretoria radically had to rethink its undergraduate curriculum
after the legislature introduced a four-year, undergraduate LLB degree in
1998.1 As a consequence, not only was the LLB curriculum redesigned, but

1
Prior to 1998 5 years was the minimum period in which an LLB degree could be obtained.
At that time the LLB was a post-graduate qualification; students would have completed
another degree before gaining admittance to the LLB.

1
Legal Skills was introduced as a compulsory subject for first-year law
students.2
The introduction of Legal Skills was a response to the sense that
existent language courses do not meet the specific language needs of law
students. In the past the University of Pretoria, like many other South African
universities, required students of law to study one or more language-based
course. However, traditionally, these were heavily-weighted towards the
elucidation of literary texts and provided the minimum of language study. As
South African and overseas researchers3 have indicated, traditional literature
and language courses do not equip law students for the real language
demands in their student and professional lives; students seldom manage to
“carry over” skills that they may acquire in one subject (in this case literature)
to another subject (law). Gass4 demonstrates that an input becomes useful to
a learner in respect of the restructuring of her grammar, only if it is first
“noticed”. Law students often declared their boredom with literature courses,
seeing them as being irrelevant in the context of their studies and in relation to
their future career.5 Whatever they may learn they do not “notice”, with the
result that knowledge and skills are not transferred to their legal studies.
At the University of Pretoria Legal Skills was designed to meet the
need for a more subject-specific approach to the teaching of language and
study skills.6 The course focuses on literacy and study and research skills
required by the successful law student. Legal texts serve as the basis of a
2
The Faculty of Law at the University of Pretoria offers all compulsory modules in both
Afrikaans and English, two of the 11 official languages in South Africa. The 2003 intake of
law students shows an equal distribution of students indicating a preference for instruction in
Afrikaans or in English.
3
Van der Walt & Nienaber “The language needs of undergraduate law students: A report on
empirical investigations” 1996 De Jure 71; Van der Walt “Teaching a foreign language: The
Language of the Law” 1992 THRHR 94 – 102; Bhatia “Legislative writing: A case of neglect
in EAP/OLP Courses” 1989 English for specific purposes 223 – 238.
4
Gass “Integrating Research Areas: A framework for second language Studies” in Crookes
and Gass (eds) Tasks in a pedagogical Context: Integrating Theory and Practice (1994) 1-7.
5
See Van der Walt & Nienaber “The language needs of undergraduate law students: A report
on empirical investigations” 1996 De Jure 71.
6
Harris “Reaching out in Legal Education: Will EALP be there” 1992 English for Specific
Purposes 19 – 32.

2
skills course for first-year law students, teaching them where to find and how
to read case reports, where to find and how to apply relevant legislation to
novel facts; how to read journal articles and textbooks; how to research,
formulate and write legal opinions; how to draft letters to clients and how to
construct oral and written arguments. Legal Skills is a compulsory year-long
course. In the first semester basic reading, writing and study skills are
introduced.7 In the second part of the year more complex texts and tasks,
such as legal research and the construction of oral and written arguments,8
are presented.
From the outset it was clear that there was a great disparity in the level
of students’ existing skills. As a consequence of the complexities and
anomalies of secondary education in South Africa and because we function in
a multi-lingual society, we decided to “stream” students into different classes
based on the results of a skills analysis test written early in the year. This test
affords an evaluation of basic reading, writing and comprehension skills.
Based on their satisfactory achievement in the test most students are
assigned to the Legal Skills 110 and 1209 courses, in which they receive two
hours tuition per week.10 A smaller number of students who are identified as
lacking these basic reading, writing and comprehension skills are compelled11
to attend Legal Skills 111 or 121,12 where they receive four hours tuition per
week.13 Students who fail Legal Skills 110 are also compelled to change their
registration to Legal Skills 121 in the second semester. Legal Skills 111 and
121 students are placed in smaller groups and given as much individual

7
The assignments in Legal Skills 110/111 cover law library orientation; finding and reading
caselaw; finding and reading legislation, understanding Latin phrases in context; and finding
and reading journal articles.
8
The assignments in Legal Skills 120/121 cover a visit to a court; using plain legal language;
drafting a letter to a client; drafting an office memorandum; participating in a moot court and
identifying fallacies in an argument.
9
“RVD 110” and “RVD 120”.
10
Consisting of one formal lecture and one tutorial per week.
11
This ruling is, however, difficult to enforce. Some students continue to attend the Legal
Skills 110/120 lectures although their registration has been changed to Legal Skills 111/121.
12
“RVD 111” and “RVD 121”.
13
Consisting of three formal lectures and one tutorial per week.

3
attention as possible in order that problem areas may be identified and
eliminated. We consider the success of this approach below.

2 Mother tongue education

From the start it was clear that mother-tongue speakers as well as non
mother-tongue speakers of Afrikaans or English found the demands of the
Legal Skills course a challenge. The specific nature of legal language14 in
addition to the heavy demands made on tertiary-level students generally set a
difficult task for mother-tongue and non mother-tongue speakers alike. This
trend is supported by other research, such as Jordan.15
Nevertheless, students who study through the medium of their mother
tongue, on the whole, do better than those who study through a medium of
instruction other than their mother tongue, such as is the case for (most) black
students. The following is a breakdown of students’ pass rates over a period
of three/four years in the subject Legal Skills according to primary languages:

Pass rates for Legal Skills (RVD) 110 and 120 according to mother
tongue: 2000-2003
80
70
60
50 Afrikaans
40 English
30
Other
20
10
0
RVD 110 2000 RVD 110 2001 RVD 110 2002 RVD 110 2003

100

80

60 Afrikaans

40 English
Other
20

Those
0 students who had been identified initially as lacking in terms of basic
RVD 120 2000 RVD 120 2001 RVD 120 2002
skills and who were placed in Legal Skills 111 & 121 demonstrate lower levels
of successful achievement.
14
See for example Bhatia 1993 Analysing Genre: Language use in Professional settings 102.
15
Jordan “English for Academic Purposes” 1989 (3) Language Teaching 150 – 164.

4
Pass rates in Legal Skills (RVD) 111 and 121 according to mother
tongue: 2000-2003

80
70
60
50 Afrikaans
40 English
30 Other
20
10
0
RVD 111 2000 RVD 111 2001 RVD 111 2002 RVD 111 2003

80
70
60
50
Afrikaans
40
English
30
Other
20
10
0
RVD 121 2000 RVD 121 2001 RVD 121 2002

The students enrolled in Legal Skills 111 & 121 faced greater difficulties in
terms of mastering the demands of tertiary study than those enrolled in Legal
Skills 110 & 120. However, both second semester courses, RVD 120 and
RVD 121, demonstrably, have an improved success rate for all three groups.

Comparison of pass rates in Legal Skills (RVD) 110/111 and 120/121 in

2000-2003

5
 100 77
72 67
80 67
57 51
50
60
40
20
0
RVD RVD RVD RVD RVD RVD RVD
110/111 110/111 110/111 110/111 120/121 120/121 120/121
2000 2001 2002 2003 2000 2001 2002

The comparison indicates lower levels of successful achievement across the

board for the students enrolled in Legal Skills 111/121. Again, both groups,
show better levels of performance in the second semester on the whole,
which is an indicator, at the very least, of a greater familiarity with the
demands of the Legal Skills courses.
More significantly, at a micro level of analyzing students’ achievement
in written assignments there is a critical discrepancy in the success rate
between Legal Skills 110/120 and Legal Skills 111/121.16 The weighting of
non mother tongue speakers of Afrikaans or English is greater in the latter
group.
It is important to establish whether non mother-tongue speakers do
badly in Legal Skills because of the specific subject focus on language skills
or are the results indicated above in line with the pass rates in other subjects.
We compare pass rates in Legal Skills to pass rates in other first-year
subjects, such as Introduction to Law, Family Law and Law of Persons:

Pass rates in Law of Persons 110 (PSR 110), Introduction to Law 120
(IDR 120), Family Law 110 (FMR 110) and Family Law 120 (FMR 120)
according to mother tongue (2001)

16
The full results are appended in Appendix A.

6
 100

80 71 66
51 45
60 Afrikaans
40 40 40 45 40
32 English
40 30
24 Other

20

0
PSR 110 IDR 120 FMR 110 FMR 120

Pass rates in Law of Persons 110 (PSR 110), Introduction to Law 120
(IDR 120), Family Law 110 (FMR 110) and Family Law 120 (FMR 120)
according to mother tongue (2002)

100
67
80
62
48 Afrikaans
60
35 41 28 39 35 42 34
English
40 25
18 Other

20

0
PSR 110 IDR 120 FMR 110 FMR 120

Pass rates in Law of Persons 110 (PSR 110), Introduction to Law 110
(IDR 110), Family Law 110 (FMR 110), Historical Foundations of South
African Private Law 151 and 152 (HVR 151 and HVR 152) according to
mother tongue (2003)

7
 100
71 63 80 83
80 65 66 74
56 58 61
56 52 49
60 Afrikaans
39 English
26
40 Other

20

0
PSR 110 IDR 110 FMR 110 HVR 151 HVR 152

The following conclusions are drawn from the statistical evidence:

• The overall pass rate of students in first-year law subjects is poor.
• A student’s mother tongue in relation to the medium in which she
receives instruction at tertiary level plays a role in her performance.
• The performance of non mother-tongue speakers of Afrikaans or
English is poorer than that of students who are mother-tongue
speakers of languages which are the media of instruction.
• There is a significant difference in the pass rates in Legal Skills
110/120 & 111/121. Despite the additional time allocated to the
“weaker” students in Legal Skills 111/121, they still do significantly
worse. In year 2001: 51% versus 22% / 67% versus 57%.
• The difference in pass rates between the two groups is significantly
less in the second semester; or, to put this finding in another form, the
improvement in the pass rate in the second semester of Legal Skills
121 is much greater than for Legal Skills 120. A possible explanation
for this change may be that in the second semester initial problems
have been sorted out; weaker students drop out from the university and
the remainder adapt to the discipline of student life.

3 Other variables: matriculation subjects, matriculation symbol, M-

score and class attendance

8
We attempted to correlate for variables which could possibly influence the
outcomes.

(a) Matriculation17 subjects and the symbols achieved in these subjects.

(b) The so-called “M-score”; an aggregate score calculated with reference
to the symbols that the student received during the matriculation
examination.18
(c) Attendance at formal lectures and tutorials. It is evident that students
who attend formal lectures and tutorials regularly but who still fail
require further assistance.

3.1 Matriculation symbols

The pass rate in Legal Skills in relation to a selection of matriculation subjects
and the symbols achieved in those subjects are graphically presented below.
The pass rate of students who attended more than half of their formal lectures
and tutorials is presented separately. (The rationale is that students who fail
to attend tutorials and formal lectures regularly are not motivated, and, more
importantly, cannot be “reached” by lecturers and tutors in order to assist
them in mastering Legal Skills.)19

2001 Pass percentage: Legal Skills (RVD) 110 and 111

100 English 1st language

80

60 A Symbol
B Symbol
40
C Symbol
20 D Symbol
0 E Symbol
RVD 110 All RVD 110 RVD 111 All RVD 111
students Regular students Regular
attendance attendance

17
Final year of secondary schooling
18
The M score will disappear in 2005 when the Department of Education introduces a new
system of reporting on matriculants’ results in the final exam.
19
A fuller range of matriculation subjects is presented in Appendix B.

9
 English 2nd language

90
80
70
A Symbol
60
50 B Symbol
40 C Symbol
30 D Symbol
20 E Symbol
10
F Symbol
0
RVD 110 All RVD 110 Regular RVD 111 All RVD 111 Regular
students attendance students attendance

100 Afrikaans 1st language

90
80
70
60 A Symbol
50
B Symbol
40
30 C Symbol
20 D Symbol
10
0 E Symbol
RVD 110 All RVD 110 RVD 111 All RVD 111
students Regular students Regular
attendance attendance

100 Afrikaans 2nd language

80
A Symbol
60
B Symbol
40 C Symbol
20 D Symbol
E Symbol
0
RVD 110 All RVD 110 RVD 111 All RVD 111 F Symbol
students Regular students Regular
attendance attendance

10
 2002 Pass percentage: Legal Skills (RVD) 110 and 111

100 English 1st language

90
80
70
60 A Symbol
50 B Symbol
40
30 C Symbol
20 D Symbol
10
0 E Symbol
RVD 110 All RVD 110 RVD 111 All RVD 111
students Regular students Regular
attendance attendance

100 English 2nd language

80
A Symbol
60
B Symbol
40 C Symbol
20 D Symbol
E Symbol
0
RVD 110 All RVD 110 Regular RVD 111 All RVD 111 Regular
students attendance students attendance

Afrikaans 1st language

100
90
80
70 A Symbol
60 B Symbol
50 C Symbol
40
30 D Symbol
20 E Symbol
10 F Symbol
0
H Symbol
RVD 110 All RVD 110 RVD 111 All RVD 111
students Regular students Regular
attencance attendance

11
100 Afrikaans 2nd language
80
A Symbol
60
B Symbol
40 C Symbol
20 D Symbol
E Symbol
0
RVD 110 All RVD 110 RVD 111 All RVD 111 F Symbol
students Regular students Regular
attendance attendance

With regard to Legal Skills 110 there is a degree of correlation between the
symbol attained in matriculation subjects (not necessarily languages) and a
pass in the course; the higher the symbol, the higher the pass rate,
particularly for “A”, “B” and “C” candidates.

The observation is not valid with regard to Legal Skills 111. This suggests
that the matriculation result is not a normative indicator for the ability of a
student to pass first-year law courses. As well, this finding strengthens the
perception that “streaming” weaker students into a separate group may be
responsible for effecting a stigma, so that even “A” and “B” candidates
perform poorly at university level.

As to the effect of regular class attendance on the pass rate, the difference
between the pass rate of the whole group versus the pass rate of students
who attend regularly is substantial, to the extent that “D” and “E” candidates in
the Legal Skills 110 group who attend classes regularly are more likely to
pass the course. This finding holds true for both Legal Skills 110 and 111.
However, the pass rate in Legal Skills 111 is low even for students who attend
regularly, which either supports the perception that in Legal Skills 111 the
stigmatising effect overrides any benefit; or that too little is being offered those
students with the greatest need in the way of remedying inadequate
schooling.

12
3.1.1 Matriculation symbol and attendance
The matriculation symbol is not an indicator for diligence; to some extent the
inverse may be indicated. The percentage of students that attends regularly
corresponds to a relatively narrow band. The low level of attendance at
lectures and tutorials, even by “straight A” students, is an alarming trend, the
consequence of which can be seen in the relative percentage for each symbol
group of students that achieves a class (c) or tutorial (t) mark of 60% or
higher. Seldom do these figures exceed half the group.20

3.2 M-score
3.2.1 M-score and the failure rate (2002 figures)
There is a minor correlation between the M-score and the probability of
success in the first year of studying law. Students with an M-score of 18 or
above generally pass, whereas students with an M-score of 12 or below
generally fail.

First year law

M-score 0-12 M-score 13-18 M-score 18+
module (2002)
IDR 110 70% fail 53% fail 24% fail
IDR 120 70% fail 52% fail 28% fail
FMR 110 63% fail 58% fail 23% fail
HVR 151 53% fail 38% fail 18% fail
HVR 152 51% fail 36% fail 16% fail
HVR 120 66% fail 42% fail 18% fail
PSR 110 37% fail 41% fail 17% fail
RVD 110 55% fail 43% fail 23% fail
RVD 111 82% fail 73% fail 50% fail

3.2.2 M score of Legal Skills 110 group compared with 111 group
The percentage of students in Legal Skills 111/121 with low M-scores is
greater compared with Legal Skills 110/120 (2001 figures):

20
These figures are tabulated in Appendix C.

13
 RVD 110 RVD 111
M-score
Cumulative percentage Cumulative percentage
2-12 26% 39%
2-13 35% 55%
2-14 42% 63%
2-15 49% 73%
2-16 58% 76%
2-17 64% 81%
2-18 70% 88%

RVD 120 RVD 121

M-score
Cumulative percentage Cumulative percentage
2-12 21% 35%
2-13 29% 50%
2-14 36% 56%
2-15 45% 67%
2-16 54% 72%
2-17 61% 76%

4 Performance levels of Legal Skills 111/121 students in other first

year law courses
We compared the performance of Legal Skills 111/121 students in other first-
year law modules with that of the Legal Skills 110/120 group.

2001 Pass rates

Pass Pass
First year law Pass percentage Pass percentage percentage percentage
module RVD 110 group RVD 111 group RVD 120 RVD 121
group group
FMR 110 50% 26% 53% 29%
FMR 120 57% 39% 58% 33%
HVR 151 90% 68% 92% 78%
HVR 152 80% 53% 84% 64%
HVR 120 90% 84% 91% 86%
IDR 110 67% 44% 71% 49%
IDR 120 87% 81% 88% 80%
PSR 110 76% 52% 79% 60%

14
2002 Pass rates
Pass Pass
First year law Pass percentage Pass percentage percentage percentage
module RVD 110 group RVD 111 group RVD 120 RVD 121
group group
FMR 110 39% 16% 45% 21%
FMR 120 42% 21% 46% 24%
HVR 151 86% 62% 90% 77%
HVR 152 65% 37% 71% 51%
HVR 120 68% 51% 74% 69%
IDR 110 60% 36% 68% 43%
IDR 120 57% 30% 62% 41%
PSR 110 62% 34% 72% 44%

The Legal Skills 111/121 group’s performance is significantly weaker than that
of their Legal Skills 110/120 counterparts in all first-year law courses.

In Legal Skills 111, black students are especially the group that is at risk:

Pass rates: Legal Skills 111 black students

Subject RVD 111 2001 RVD 111 2002
FMR 110 19% 24%
FMR 120 41% 15%
HVR 151 60% 38%
HVR 152 43% 49%
HVR 120 77% 30%
IDR 110 32% 10%
IDR 120 73% 21%
PSR 110 41% 38%

The majority of black students in Legal Skills 111 have a very low pass rate in
most first-year law courses (the exceptions being HVR 151 (2001), HVR 152
(2002), HVR 120 (2001) and IDR 120 (2001).) These figures suggest that this
group of students is most in need of a comprehensive skills-based support
programme.

15
5 “Throughput” or course-completion figures
The figures for the Legal Skills 110 group that registered as first years in 1998
are as follows: 291 students registered; 57 students (20%) did not register for
the 2nd year of study in 1999; 96 students (33%) obtained the LLB degree in 4
years; 33 students (11%) obtained the LLB degree in 5 years; 68 students
(23%) were still registered after a lapse of 5 years.

In 1998, 89 students were registered for Legal Skills 111/121. Of these, 30%
(27 students) did not register for their second-year of studies in 1999. 10
students (11%) obtained the LLB degree in the minimum amount of time (4
years). 13 students (15%) obtained the degree after 5 years. 15 students
(17%) were still registered after 5 years. A disconcerting 53% (47 students) of
the original 89 students left the university without obtaining a qualification.

The following is known about the ten students who were registered for Legal
Skills 111/121 in 1998 and who managed to complete the degree in the
minimum amount of time (four years):21

i) Student “A” White female; M score 7; Matriculated in 1994:

ii) Student “B” Black female; M score 12; Matriculated in 1996:
iii) Student “C” White male; admitted on grade 11 results and admission
test results; Matriculated in 1997:
iv) Student “D” Black male; M score 13; Matriculated in 1997:
v) Student “E” Black male; M score 10; Matriculated in 1992:
vi) Student “F” Indian female; M score 12; Law 4th choice of study;
Matriculated in 1997:
vii) Student “G” White male; M score 13; Matriculated in 1997:
viii) Student “H” Black male; M score 6; Law 5th choice of study;
Matriculated in 1995:
ix) Student “I” Black female; M score 15; Law 3rd choice of study;
Matriculated in 1997:
x) Student “J” White male; M score 15; Matriculated in 1996:

21
The full matriculation profile of each student is presented in Appendix D.

16
As is evident from these profiles, there are no “special” characteristics that
could explain why these particular 10 students managed to pass their degree
in the minimum of 4 years. Their matriculation results are generally poor and,
in some cases, law was not even their first choice of study.22

The 1999 group fared as follows:

Legal Skills 111 Legal Skills 110

74 registered students 340 students
24 did not register for 2nd year (32%) 58 (17%)
9 students obtained degrees after 4 years (12%) 88 (26%)
25 students were still registered after 4 years (34%) 135 (40%)
42 students left without a degree (57%) 125 (37%)

The figures for 2000 are as follows:

Legal Skills 111 Legal Skills 110

63 registered students 355 students
nd
10 students did not register for 2 year (16%) 66 (19%)
34 registered for 4th year (54%) 224 (63%)
29 students left without a degree (46%) 131 (37%)

Generally, the drop-out rate in the Legal Skills 111 group is higher than is
experienced in Legal Skills 110.

6 Conclusion
Most law lecturers agree that the low level of language skills amongst law
students needs to be addressed urgently. Students cannot communicate
adequately, either orally or in writing. Students who otherwise should do well
fail because they cannot cope with the demands made upon them as a result

22
An obvious follow-up research project is one which incorporates qualitative behavioural
interviews with these students in an attempt to identify “hidden” success factors, such as
levels of motivation, learning environment, personal characteristics, etcetera.

17
of inadequate language skills. The fact that many students study through a
medium of instruction other than their mother tongue plays a significant role in
their inability to cope with the demands made on them. Boldly stressed, that
is the scenario that existed; has there been any move in a positive direction?
At the University of Pretoria we introduced the subject Legal Skills in an
attempt to find a solution to the difficulty. Within the limits of quantitative
statistical research such as is the basis of this project there is little evidence
for rejoicing; students continue to perform consistently poorly and appear to
derive little benefit from a Legal Skills course. Is this result proof of the
maxim, too little too late?
Many would argue that students such as these simply do not belong at
a university. Similarly, it is asserted that it is not the task of a law faculty to
teach its students basic language skills. At this stage, as a consequence of
the South African secondary education system coupled with past inequity, we
maintain that the law faculty cannot afford to take this view. With time, as a
result of the refocusing of resources where they are needed, the deficit in
education may narrow to the point at which it becomes negligible and the
debate becomes moot. Nevertheless, the strongest evidence that emerges
from this project is that there is a correlation between poor performance at a
tertiary level of education and not being instructed in one’s mother tongue,
even though it cannot be claimed that the former is a direct consequence of
the latter.23 Therefore, a way has to be found to enhance poor language skills
in order to afford students who have the potential to complete a law degree
the chance to do so.
Post matriculation bridging courses, such as those specifically
designed to remedy language problems, have been introduced and are
offered to the whole student body. Ideally, all first-year candidates with an M-
23
The academic personnel in the Faculty of Law at the University of Pretoria fall into two
broad camps; those that would like to see a drastic tightening of entrance requirements and
those that would like to see a comprehensive bridging or foundation programme put in place.
The development of Legal Skills 111/121, viewed as a compromise, is a “solution” that does
not satisfy either of the two camps. As from 2005, Legal Skills 111 and 121 will be
discontinued and a task team has been appointed to investigate the possibility of introducing
a comprehensive bridging programme. From 2005 all first year law students will take Legal
Skills 110 and 120, consisting of one formal lecture per week, and two tutorials.

18
score of 18 or less should register for such a course. However, because of
the general nature of their application they reintroduce the problem that they
cannot meet the specific language and conceptual skills needs of the law
faculty. It is not possible for the law faculty itself to operate this sort of course.
Based on 2002 figures, this would mean that more than two thirds of the first-
year intake would be “streamed” into such a bridging course, which would
defeat the purpose as the numbers would overburden the programme’s
resources.
As a result of the imminent demise of the M score-system, most
faculties of law in South Africa will introduce their own admission tests. At the
University of Pretoria, the Skills Analysis Test used to identify students for
Legal Skills 111/121 can be utilised to identify high-risk students who do not
have the skills necessary to be successful in their studies.24
Nevertheless, Legal Skills, which at present is taught in the first year
only, cannot be seen as a magic potion which will get students through their
law studies. The skills acquired in the first year need continuing attention in
order that they are developed and perfected in later years of study. Legal
Skills ought to be integrated into the entire four-year LLB curriculum, in such a
way that every course taught reinforces what has been learned in the first
year.

24
Of an intake of approximately 600 LLB I students in 2002, about 100 students were
identified as Legal Skills 111/121 students.

19
 APPENDIX A

Average Mark Average Mark Average Mark Average Mark

2001 Assignments
RVD 110 RVD 111 RVD 120 RVD 121
1 15.6/20 14.8/20 11.8/20 11.8/20
2 5.8/10 4/10 6.5/10 6.1/10
3 9.1/20 7.3/20 5/10 4.5/10
4 6.8/20 6/20 15/20 14.4/20
5 4.3/10 3.5/10 6/10 5.2/10
6 7.6/10 7.2/10

Average Mark Average Mark Average Mark Average Mark

2002 Assignments
RVD 110 RVD 111 RVD 120 RVD 121
1 16.5/20 16/20 13.5/20 12/20
2 8.2/20 7.3/20 9.5/15 8/15
3 10.4/20 9.3/20 10.45/15 8/15
4 3.6/10 3.2/10 7.1/10 4.8/10
5 4/10 3.7/10 16.7/20 16.3/20

Average Mark Average Mark Average Mark Average Mark

2003 Assignments
RVD 110 RVD 111 RVD 120 RVD 121
1 17.2/20 16.8/20 10.25/15 9.6/15
2 7.8/20 6.4/20 5.9/10 5.4/10
3 16/30 14.2/30 10.2/15 9.3/15
4 6.2/10 6/10 9.1/15 7.7/15
5 - - 5.2/10 4.1/10
6 - - 12.3/15 11/15

20
 APPENDIX B

RVD 110 All RVD 110 Regular RVD 111 All RVD 111 Regular
History: Symbol
students attendance students attendance
A 70% 83% 25% 57%
B 50% 86% 13% 0%
C 44% 67% 13% 50%
D 36% 57% 19% 20%
E 31% 38% 20% 33%

RVD 110 All RVD 110 Regular RVD 111 All RVD 111 Regular
Biology: Symbol
students attendance students attendance
A 85% 100% 50% 100%
B 75% 93% 50% 57%
C 51% 79% 32% 45%
D 48% 76% 16% 27%
E 35% 61% 19% 31%
F 40% 57% 0% 0%

Accounting: RVD 110 All RVD 110 Regular RVD 111 All RVD 111 Regular
Symbol students attendance students attendance
A 73% 86% 0% -
B 63% 78% 75% 100%
C 76% 83% 33% 50%
D 49% 65% 35% 80%
E 51% 78% 13% 0%
F - - 0% 0%

Mathematics: RVD 110 All RVD 110 Regular RVD 111 All RVD 111 Regular
Symbol students attendance students attendance
A 59% 86% 50% 75%
B 66% 88% 29% 50%
C 59% 85% 29% 29%
D 54% 80% 23% 50%
E 50% 76% 25% 75%
F 29% 50% 18% 20%
G 0% 0% 67% 0%

21
 RVD 110 RVD 111
Science: RVD 110 All RVD 111 All
Regular Regular
Symbol students students
attendance attendance
A 73% 80% 50% 50%
B 78% 92% 0% -
C 67% 92% 63% 67%
D 48% 71% 27% 25%
E 52% 81% 21% 29%
F 10% 33% 0% -

22
2002 Pass percentage: Legal Skills (RVD) 110 and 111

RVD 110 All RVD 110 Regular RVD 111 All RVD 111 Regular
History: Symbol
students attendance students attendance
A 56% 78% 45% 67%
B 54% 73% 17% 100%
C 46% 67% 23% 29%
D 52% 83% 13% 0%
E 50% 100% 29% 0%
F 50% - 0% 0%
G No students No students 0% 0%

RVD 110 All RVD 110 Regular RVD 111 All RVD 111 Regular
Biology: Symbol
students attendance students attendance
A 79% 100% 100% 100%
B 69% 91% 60% -
C 64% 93% 37% 60%
D 50% 72% 20% 0%
E 55% 83% 28% 33%
F 14% - 0% 0%
G No students No students 0% 0%
H No students No students 0% 0%

Mathematics: RVD 110 All RVD 110 Regular RVD 111 All RVD 111 Regular
Symbol students attendance students attendance
A 78% 100% 40% -
B 59% 92% 36% 100%
C 70% 79% 40% -
D 62% 92% 45% 100%
E 67% 87% 18% 33%
F 61% 83% 23% 100%
G 33% 50% 100% 100%
H 13% 0% 0% 0%

RVD 110 RVD 111

Science: RVD 110 All RVD 111 All
Regular Regular
Symbol students students
attendance attendance
A 100% 100% 67% -
B 87% 100% 100% -

23
C 68% 87% 33% -
D 65% 93% 35% 33%
E 73% 88% 29% 100%
F 36% 75% 0% 0%

24
 APPENDIX C
2001 Legal Skills (RVD) 110: Good attendance (c>5 and t>5)
Matriculation
A B C D E F G
Subject
Afrikaans
st
50% 44% 35% 37% 50%
1 language
Afrikaans
nd
25% 29% 44% 44% 70% 50%
2 language
English
st
50% 39% 33% 36% 67%
1 language
English
nd
40% 38% 43% 46% 62% 67%
2 language
Mathematics 24% 50% 45% 40% 35% 39% 40%
Science 45% 52% 45% 41% 41% 30%
Biology 46% 39% 38% 39% 39% 70%
History 44% 44% 35% 39% 62%
Geography 40% 38% 40% 43% 37% 100%
Economics 57% 19% 35% 62% 33%
Accounting 47% 47% 44% 36% 37% 0% 0%
Business
53% 35% 21% 32% 37% 43%
Economics

2001 Legal Skills (RVD) 111: Good attendance (c>5 and t>5)
Matriculation
A B C D E F G H
Subject
Afrikaans
st
50% 57% 23% 41%
1 language
Afrikaans
nd
50% 17% 35% 54% 33% 20% 0%
2 language
English
st
50% 18% 22% 100%
1 language
English
nd
43% 36% 43% 38% 50%
2 language
Mathematics 67% 57% 50% 23% 20% 45% 33% 25%
Science 100% 0% 75% 36% 24% 0%
Biology 50% 70% 50% 34% 36% 22% 0% 0%
History 44% 75% 25% 31% 60% 0% 0%
Geography 0% 17% 38% 36% 29% 0%
Economics 25% 0% 40% 22% 20%

25
 Accounting 0% 50% 67% 29% 25% 20%
Business
67% 67% 8% 10% 13% 50% 0%
Economics

2002 Legal Skills (RVD) 110: Good attendance (c>5 and t>5)
Matriculation
A B C D E F G
Subject
Afrikaans
st
67% 47% 54% 34% 50%
1 language
Afrikaans
nd
27% 35% 32% 27% 36% 100%
2 language
English
st
38% 48% 40% 26%
1 language
English
nd
57% 46% 43% 50% 60%
2 language
Mathematics 46% 38% 54% 44% 44% 44% 67%
Science 75% 56% 48% 45% 51% 29%
Biology 64% 42% 45% 45% 32% 0%
History 33% 46% 32% 39% 25% 0%

2002 Legal Skills (RVD) 111: Good attendance (c>5 and t>5)
Matriculation
A B C D E F
Subject
Afrikaans
st
0% 7% 8% 26% 33% 0%
1 language
Afrikaans
nd
0% 20% 42% 25% 28% 100%
2 language
English
st
0% 7% 30% 0%
1 language
English
nd
10% 6% 29% 35% 33%
2 language
Mathematics 0% 9% 0% 5% 23% 15%
Science 0% 0% 0% 15% 10% 20%
Biology 100% 0% 19% 11% 24% 100%
History 27% 17% 54% 13% 29% 50%

26
 APPENDIX D
i) Student “A” White female; M score 7; Matriculated in 1994:
Afrikaans 1st language D
English 2nd language D
Mathematics D
Physical Science E
Biology F
Domestic Science D
Biblical Studies E

ii) Student “B” Black female; M score 12; Matriculated in 1996:

Isizulu 1st language D
Afrikaans 2nd language D
nd
English 2 language C
Physical Science E
Biology D
Geography D
Mathematics F

iii) Student “C” White male; admitted on grade 11 results and admission
test results; Matriculated in 1997:
Afrikaans 1st language C
English 2nd language D
Mathematics D
Physical Science D
Biology E
Accounting B

iv) Student “D” Black male; M score 13; Matriculated in 1997:

Setswana 1st language D
Afrikaans 2nd language C
nd
English 2 language C
Biology E
Biblical Studies D

27
History C

v) Student “E” Black male; M score 10; Matriculated in 1992:

Sepedi 1st language C
Afrikaans 2nd language E
English 2nd language E
Biology E
Geography E
History C

vi) Student “F” Indian female; M score 12; Law 4th choice of study;
Matriculated in 1997:
English 1st language C
nd
Afrikaans 2 language C
Mathematics D
Physical Science D
Biology D
Computer studies E

vii) Student “G” White male; M score 13; Matriculated in 1997:

Afrikaans 1st language D
English 2nd language D
Geography C
Business Economics C
Mathematics E
Biology B

viii) Student “H” Black male; M score 6; Law 5th choice of study;
Matriculated in 1995:
Sepedi 1st language D
Afrikaans 2nd language E
nd
English 2 language D
Biology E
Physical Science E

28
 Agricultural Science F

ix) Student “I” Black female; M score 15; Law 3rd choice of study;
Matriculated in 1997:
Setswana 1st language C
Afrikaans 2nd language D
English 2nd language C
Biology D
Geography D
Business Economics B

x) Student “J” White male; M score 15; Matriculated in 1996:

Afrikaans 1st language C
nd
English 2 language C
Mathematics C
Physical Science D
Biology C
History B

29

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