UNIVERSITY OF KWAZULU-NATAL

SCHOOL OF LAW, PIETERMARITZBURG

MODULE OUTLINE 2023:2

HUMAN RIGHTS: LAWS2HR (P2) & LAWP2HR (H2, P2)

NOTICE ON ACADEMIC MISCONDUCT:

This notice policy applies to all university coursework irrespective of modality of the
module.

COPYRIGHT NOTICE:
Please note that disseminating or sharing module material, including inter alia
module outlines, handouts, module materials, PowerPoint presentations, key
codes, zoom links, Learnpage module access, and assignment, tutorial or exam
answers etc., is prohibited. As a university student, you do not hold the
copyright in any module or related materials. You may not share, upload, post,
publish or distribute these materials with any other person or body. Copyright
subsists in the module coordinator and university, and action will be taken
against any student who is found to have perpetrated such conduct.

PROHIBITION ON USE OF ARTIFICIAL INTELLIGENCE (AI)-DRIVEN

TECHNOLOGY:
Students are warned against the use of any form of AI-driven technology (such
as, but not limited to CHATGPT) when completing any assignments, tutorials,
tasks or assessments. You are NOT permitted to use any AI-driven tool(s) to
generate answers to any form of practice questions/exercises, tutorials and/or
assignment, assessment/test questions. Action will be taken against any
student who is found to have perpetrated such conduct.

PLAGIARISM:
Students are to ensure that all work such as written assignments or online
assessments include citations of everything that is not the student’s idea. This
includes sources such as primary and secondary sources of law, lecture notes,
course materials, discussion, webinars or seminar notes. The LLB style guide
for all referencing, bibliographies and citations is SALJ.

Toohey/Human Rights/2023 – Page 1 of 9

 1 INTRODUCTION
This module is an introductory course on South African human rights. The course also
aims to provide students with an introductory understanding of the development,
protection and promotion of human rights as protected in legitimate sources of law by
the Constitutional framework of the Republic of South Africa, 1996 (the 1996
Constitution). In addition, lectures are dedicated to studying the protection and
promotion of specific rights at the national level as entrenched in Chapter 2 of the 1996
Constitution. Generally, it seeks to promote a meaningful understanding of the balance
between the theoretical and practical application of human rights. The course also
includes a self-reflection aspect that encourages students to become more aware of
constitutional values and using these in practice.

2 SPECIFIC OUTCOMES
On completion of this course, students should be able to:
• Outline the nature and historical development and philosophical roots in history of
human rights;
• Contextualise how human rights has framed and influenced international and
national law;
• Review the history of apartheid in South African focussed on the history of human
rights abuses and transition to democracy, including understanding the work of the
Truth and Reconciliation Commission;
• Understand and apply enforcement of law relating to the promotion and protection
human rights in South Africa, including the Bill of Rights.

3 SCHOOL TEAM FOR MODULE

MODULE COORDINATOR & LECTURER
Mrs Jacintha Toohey
Room 13, School of Law Building (PMB)
Email: tooheyj@ukzn.ac.za

MODULE ADMINISTRATOR
Mr Celimpilo Khumalo
First Floor, School of Law Building (PMB)
Khumaloc@ukzn.ac.za

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4 LECTURES

The purpose of lectures is to introduce students to the topics in the course. This is a
second-year course, and not every topic on human rights could be covered in the
exam. Therefore, attendance at ALL LECTURES is strongly recommended to ensure
you are familiar with and informed of the material and content expectations that will be
examined. This course is interactive, and students must prepare for lectures to
participate in class discussions actively.

5 CONSULTATIONS & QUERIES

You are welcome to raise questions during the lecture. However, if you require further
assistance or clarity on any matters, you are encouraged to book an appointment for
a consultation via email.
However, please note:
• Fulltime students, in-person consultations have proved to be more
beneficial to students (see consultation times listed below).

• Part-time students are encouraged to also make the booking first via email
and this can be held via Zoom consultation.

Consultations are thus strictly by appointment and should ideally be scheduled on:
Tuesday: 11h30 noon until 13h30pm or Friday: 11.30am until 13h30pm
In-person consultations will be at Mrs Toohey’s office.

Please note: The School of Law is a School which, inter alia, serves to prepare
students for a profession. Therefore a professional approach to correspondence
is required and should be considered part of students’ learning and training
experience. Any email correspondence addressed to all staff at UKZN must take the
form and tone of a formal letter. As per university policy, use your UKZN email
address for all communications between yourself and any of the School of Law staff
members. All correspondence to you will be via their UKZN email accounts and/or
Learn2023. Email correspondence sent from external accounts tends to be blocked
by the server. Please check your UKZN email account regularly for module
notifications.

Toohey/Human Rights/2023 – Page 3 of 9

6 LECTURE FORMAT AND TIMES
Regular lecture attendance is vital to your success in this module.

FULLTIME STUDENTS:
VENUE: In-person lectures take place in COMMERCE BUILDING, C1.
DAY: Double lecture every Thursday
TIMESLOT: starts 08:40am ends 10:20am

PART-TIME STUDENTS:
Lectures will be held weekly via Zoom on Tuesday from 18h45 until 20h15.
The meeting link will be available on the part-time module Learn2023 page for part-
time students only.

Please ensure you are constantly checking in lectures, UKZN email

correspondence, and Learn2023 announcements for all communications.

7 MODULE STRUCTURE

The course is divided into 5 parts:

1. Introduction to the human rights

a. What are human rights
b. The philosophical roots and history of human rights
c. Western idea of human rights
d. Categories of human rights

2. International protection of human rights

a. United Nation protection systems
b. African regional protection systems
c. Civil and political rights
d. Social, economic and cultural rights

3. Intersection of international and national human rights norms

a. Relationship between international and domestic legal systems
b. South African historical perspectives on the apartheid system

4. Transitional justice for past human rights violations in global and South
African context
a. Investigations, reparations, punishment versus amnesty
b. Truth Commissions, the role of South African Truth and Reconciliation
Commission

5. The South African Bill of Rights

a. The Constitution and the Bill of Rights

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 b. Structure, interpretation and application of the Bill of Rights
c. Jurisdiction of the Bill of Rights litigation
d. Limitation of rights and remedies
e. South Africa’s Bill of Rights on civil and political rights
i. Right to equality
ii. Right to life
f. South Africa’s Bill of Rights on social, economic and cultural rights
i. Healthcare
ii. Cultural rights

8 PRESCRIBED TEXTBOOKS
There is no prescribed textbook for this module. However, the following two
textbooks are required as primary reading as this will be heavily relied upon:

1. Mubangizi JC. Protection of human rights in South Africa (2012).

2. Currie I and De Waal J. The Bill of Rights Handbook (2013)(6th ed) Juta. A
copy is available on short loan at the library.

All these textbooks are either in e-copy or print version accessible via UKZN School
of Law, Library. Please use the following link to determine whether you can access
online or access the School of Law library to loan a copy of the relevant textbook or
reading (visit this site for further details:
https://ukzn.on.worldcat.org/courseReserves/course/id/14806024 )

Further reading lists (for you to source) may be indicated on the Human Rights
Learn2023 page. You are required to regularly consult this page (at least once a
week) and to read the additional materials posted or referred to there. Failure to do so
will have a negative impact on your performance in this module.

9 COURSE MATERIALS
The purpose of lectures is to introduce you to the topics in the module. It is not to
provide you with a comprehensive and complete set of notes. You are expected to
compile your own notes from the information given to you during lectures and – very
importantly – the cases, statutes, textbooks and other materials referred to in the
reading list for each section of the module.

Students must refer to the module structure indicated below for the minimum
prescribed reading to prepare beforehand and must come to the lectures sessions
prepared to discuss the key issues. At this level, students should know how to find
materials on the School of Law library using Juta e-publications, Lexis Nexus and
SAFLII databases. Thus students will be required to find these materials

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themselves. All PowerPoint presentations, will also be placed on the Learn2023
website. However, students must note that these are very basic outline and do not
cover all discussion in lectures. It is not sufficient to rely on lectures or slides as notes
to pass this module. The website address is https://learn2023.ukzn.ac.za/. All
registered students are automatically enrolled on the Human Rights Learn2023 page,
and it is your responsibility to visit this site regularly and access the materials you
need.

A reminder that students are required to come to lectures adequately prepared – you
should at the very least have done the required readings from the prescribed textbook
as indicated in the module schedule.

Please note:
Lecturer prepared notes are not usually provided. Students are to attend lectures
regularly, and prepare their own set of study notes based on:
o power point slides,
o lecturers presentation,
o relevant textbook chapters,
o additional resource lists on Learn2023.

The assignment, test and exam will be based on the material covered from lectures,
textbooks and relevant chapters, journal articles, tutorials and any additional material
that you were directed to access and read including case law and legislation listed on
Learn2023page.

10 ASSESSMENT

The course work assessment for this module will be made up of:
1. a written online research based submission assignment will count 30%
o Provisionally set for 21/09/2023, Thursday as online submission; and
2. A two (2)-hour sit down written exam will count as the remaining 70%

Together these will make up a total of 100% for the final marks.
The details for the research assignment and examination will be communicated
in due course.

11 DUE PERFORMANCE (DP) REQUIREMENTS

There is no DP requirement for this course.

12 AEGROTATS

Please note that the lecturer cannot grant you permission to be absent from the test.
If are absent from the test, the rules set out in the Aegrotat Policy, Monitoring Your

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Studies and LLB Information Booklet for Students, which will be uploaded onto all
Learn2023, will apply.

A student who misses the assignment must apply for an aegrotat in order to write the
make-up assessment (refer to the Aegrotat requirements which must be strictly
complied with).

An application for an aegrotat must be made within SEVEN (7) days by completing the
prescribed form which will be available on the Learn2023 website. Applications must
be submitted online via the Learn2023 website. If the aegrotat is approved, the student
will be entitled to write the aegrotat assessment. Further information relating to the
aegrotat process will be uploaded on the Learn2023 website.

The aegrotat date will be communicated in due course.

13 STUDENTS WITH DISABILITIES

Please see information booklet on LEARN2023.

14 LECTURE SCHEDULE*
WEEK EST. DATES TOPIC TEXTBOOK LECTURES
1 27 JULY Introduction to the human rights: Mubangizi 2
What are human rights, the origin and concept of JC. (2012)
human rights, Western idea of human rights and Chp1
categories of human rights

2 03 AUGUST Introduction to the human rights: Mubangizi 2

What are human rights, the origin and concept of JC. (2012)
human rights, Western idea of human rights and Chp1
categories of human rights

3 10 AUGUST International protection of human rights: Mubangizi 2

United Nation protection systems, African regional JC. (2012)
protection systems, Civil and political rights, Social, Chp2
economic and cultural rights
4 17 AUGUST International protection of human rights: Mubangizi 2
United Nation protection systems, African regional JC. (2012)
protection systems, Civil and political rights, Social, Chp2
economic and cultural rights
5 24 AUGUST Intersection of international and national human Mubangizi 2
rights norms: JC. (2012)
Relationship between international and domestic Chp3,4
legal systems, South African historical perspectives
on the apartheid system

6 31 AUGUST Intersection of international and national human Mubangizi 2

rights norms: JC. (2012)
Relationship between international and domestic Chp3,4
legal systems, South African historical perspectives
on the apartheid system

7 07 Transitional justice for past human rights Mubangizi 2

SEPTEMBER violations in global and South African context: JC. (2012)
Chp8,9

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 Investigations, reparations, punishment versus
amnesty, Truth Commissions, the role of South
African Truth and Reconciliation Commission
8 14 Transitional justice for past human rights Mubangizi 2
SEPTEMBER violations in global and South African context: JC. (2012)
Investigations, reparations, punishment versus Chp8,9
amnesty, Truth Commissions, the role of South
African Truth and Reconciliation Commission
9 21 The South African Bill of Rights: Currie I and 2
SEPTEMBER The Constitution and the Bill of Rights, Structure, De Waal J.
interpretation and application of the Bill of Rights (2013)
Jurisdiction of the Bill of Rights litigation, Limitation Chp1-11,
of rights and remedies, South Africa’s Bill of Rights 19,26, 28
on civil and political rights, Right to equality, dignity Mubangizi
and to life, South Africa’s Bill of Rights on social, JC. (2012)
economic and cultural rights, Healthcare, Cultural Chp 5 & 6
rights

MID-TERM BREAK (23 SEPTEMBER TO 01 0CTOBER)

10 05 The South African Bill of Rights: Currie I and 2

OCTOBER The Constitution and the Bill of Rights, Structure, De Waal J.
interpretation and application of the Bill of Rights (2013)
Jurisdiction of the Bill of Rights litigation, Limitation Chp1-11,
of rights and remedies, South Africa’s Bill of Rights 19,26, 28
on civil and political rights, Right to equality, Right to Mubangizi
life, South Africa’s Bill of Rights on social, economic JC. (2012)
and cultural rights, Healthcare, Cultural rights Chp 5 & 6
11 12 The South African Bill of Rights: Currie I and 2
OCTOBER The Constitution and the Bill of Rights, Structure, De Waal J.
interpretation and application of the Bill of Rights (2013)
Jurisdiction of the Bill of Rights litigation, Limitation Chp1-11,
of rights and remedies, South Africa’s Bill of Rights 19,26, 28
on civil and political rights, Right to equality, Right to Mubangizi
life, South Africa’s Bill of Rights on social, economic JC. (2012)
and cultural rights, Healthcare, Cultural rights Chp 5 & 6
12 19 The South African Bill of Rights: Currie I and 2
OCTOBER The Constitution and the Bill of Rights, Structure, De Waal J.
interpretation and application of the Bill of Rights (2013)
Jurisdiction of the Bill of Rights litigation, Limitation Chp1-11,
of rights and remedies, South Africa’s Bill of Rights 19,26, 28
on civil and political rights, Right to equality, Right to Mubangizi
life, South Africa’s Bill of Rights on social, economic JC. (2012)
and cultural rights, Healthcare, Cultural rights Chp 5 & 6
13 26 The South African Bill of Rights: Currie I and 2
OCTOBER The Constitution and the Bill of Rights, Structure, De Waal J.
interpretation and application of the Bill of Rights (2013)
Jurisdiction of the Bill of Rights litigation, Limitation Chp1-11,
of rights and remedies, South Africa’s Bill of Rights 19,26, 28
on civil and political rights, Right to equality, Right to Mubangizi
life, South Africa’s Bill of Rights on social, economic JC. (2012)
and cultural rights, Healthcare, Cultural rights Chp 5 & 6
*Please note that the module schedule serves as a guideline, thus lecture attendance is very important
to ensure you re update to the module and content progress and if any adjustments are applied.

Toohey/Human Rights/2023 – Page 8 of 9

15 PLAGIARISM, CHEATING & IMPROPER CONDUCT

All instances of suspected plagiarism, cheating or other improper conduct in relation

to the assessments will immediately be reported to the head of school for investigation
and for possible disciplinary action to be instituted. Any student who engages in
plagiarism, cheating or improper conduct places his/her academic career in jeopardy.
Students are warned against the use of AI when completing assignments, tutorials or
any online task/assessment/tutorials.

You are NOT permitted to use any AI tool to generate answers to any practice
questions/exercises, tutorials and/or assessment/test questions.

As a student at UKZN, it is expected that you are familiar with UKZN’s plagiarism
policy. You are required to review the policy which can be found at:
https://libguides.ukzn.ac.za/ld.php?content_id=38531669.

16 GRIEVANCE PROCEDURE
If you have any problems relating to the module, please ensure that you follow the following
process to avoid unnecessary escalation of the matter:

Step 1: Step 1: The class representative (if the matter is not of a personal
nature) or student must direct the query to the lecturer. Students should
allow for up to 3 days for a response.
IF THE QUERY IS NOT RESOLVED

Step 2: If the query is not resolved. The class representative (if the matter is not
of a personal nature) or student must direct the query with the response
given from step 1 to the module co-ordinator. Students should allow for
up to 3 days for a response.
IF THE QUERY IS NOT RESOLVED:

Step 3: If the query is not resolved. The class representative (if the matter is not
of a personal nature) or student must direct the query with the
responses given from steps 1 and 2 to the Academic Leader of the
cohort. Students should allow for up to 3 days for a response. The
intervention of the SRC may be sought at this step.
IF THE QUERY IS NOT RESOLVED:

Step 4: Academic Leader of the cohort based on his/her discretion will refer the
matter on behalf of the student to the Academic Leader of the Teaching
and Learning. Students should allow for up to 3 days for a response.
IF THE QUERY IS NOT RESOLVED:

Step 5: The Academic Leader for Teaching and Learning based on his/her
discretion will direct the query to the Dean. Students should allow for up
to 3 days for a response.

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