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Advanced legislative drafting

 

This practical and career-enhancing course, presented by two specialists in the field, provides people involved in the drafting of legislation with essential theoretical and practical knowledge and skills.

Legislative drafting is a field of law not dealt with extensively in an LLB, nor is it usually explored in postgraduate studies. There is, however, a need to transfer legislative drafting skills to an ever-growing body of senior, middle and even lower-level public officials engaged in the "business of legislation".

This course builds on our introductory short course on legislative drafting. It focuses more intensively on specific issues and problem-solving exercises. By completing the course, persons involved in legislative drafting enhance their knowledge and skills to draft legislation efficiently, accurately and in compliance with legal requirements.

"The programme is well-structured and intellectually challenging, providing students the opportunity to develop the skills required for legislative drafting." - Peer review

Join us for a four-month course, including two contact workshops (a total of five full days), five assignments and a written examination, all of which are compulsory.

When?

The course runs from August to October 2021, with the two compulsory contact workshops held at UCT on the following days:

  • 3 to 5 August 2021, 9:00 to 17:00
  • 5 to 6 October 2021, 9:00 to 17:00

Assignments must be submitted in the intervening period. The final written examination will be taken towards the end of November 2021.

Please note that we reserve the right to reschedule contact sessions as remote teaching via Zoom in the event that circumstances prevent us from holding face-to-face sessions.

Course outline

The program consists of different modules which will be presented over the two separate contact workshops.

Module 1: Constitutional context, the legislative function, legislation as source of law, legislative procedures, influence on origins and content of legislation

Module 2: Drafting of a law, principles, structure, content, language, amending legislation, delegated legislation

Module 3: Legal requirements

Module 4: Legislative quality

Who will benefit from this course?

The program is primarily aimed at persons in national, provincial and local government, as well as in parastatal bodies.

Presenters

Prof Rassie Malherbe is a retired professor of constitutional law from the University of Johannesburg, where he still offers a popular extra-curricular program in the drafting of legislation, co-presented with Adv Anton Meyer. He offers a similar legislative drafting program in Kenya. During his academic career Prof Malherbe focused his research on constitutional law, education law, and specific human rights such as academic freedom, freedom of religion and education rights. He co-authored several textbooks and published more than 100 articles on these topics. He was closely involved in the constitution-making process of the nineties, and still advises government institutions on legislative and other issues. Recently, he has been involved in the drafting of institutional statutes for two universities.

Adv Anton Meyer SC had a long career in legislative drafting spanning over 40 years. He was a state law adviser in the Department of Justice for many years, and was the deputy chief state law adviser until he became the chief law adviser to parliament when the interim constitution came into effect in 1994. He served in this position until his retirement in 2002. He has been the co-presenter of the extra-curricular program in legislative drafting at the University of Johannesburg since its inception in 2002.

How much?

R15,000 per delegate. The fee includes parking, teas, lunches and any course materials.

Certificate

A certificate of completion will be issued to those who pass the assessment.

How to sign up

Complete and submit the registration form. You will then be given the payment information. Please note that registrations will not be accepted until payment has been made.

Information regarding the programme and directions to the venue will be sent to you electronically a week prior to the first contact session.

Registrations close seven days before the course starts.

Download the brochure.