Property Law PVL3701 Tutorial Letter 101/3/2024 PDF

PVL3701/101/3/2024 Tutorial Letter 101/3/2024 Property Law PVL3701 Semesters 1 and 2 Department of Private Law This tutorial letter contains important information about your module. BARCODE ...

PVL3701/101/3/2024 Tutorial Letter 101/3/2024 Property Law PVL3701 Semesters 1 and 2 Department of Private Law This tutorial letter contains important information about your module. BARCODE  CONTENTS Page 1 INTRODUCTION................................................................................................................. 4 2 PURPOSE AND OUTCOMES............................................................................................. 5 2.1 Purpose............................................................................................................................... 5 2.2 Outcomes............................................................................................................................ 5 3 CURRICULUM TRANSFORMATION.................................................................................. 5 4 CONTACTING THE UNIVERSITY VIA EMAIL.................................................................... 6 4.1 Lecturers.............................................................................................................................. 6 4.2 Department.......................................................................................................................... 7 4.3 College of Law Information Centre....................................................................................... 7 4.4 University............................................................................................................................. 7 5 RESOURCES...................................................................................................................... 9 5.1 Prescribed book(s)............................................................................................................... 9 5.2 Recommended book(s)........................................................................................................ 9 5.3 Study material for this module.............................................................................................. 9 5.4 Electronic reserves (e-reserves)........................................................................................ 11 5.5 Library services and resources.......................................................................................... 11 6 STUDENT SUPPORT SERVICES..................................................................................... 12 6.1 The Unisa First-Year Experience Programme.................................................................... 13 6.2 Companies falsely advertising Unisa services.................................................................... 13 7 STUDY PLAN.................................................................................................................... 14 8 PRACTICAL WORK.......................................................................................................... 15 9 ASSESSMENT.................................................................................................................. 15 9.1 Assessment criteria............................................................................................................ 15 9.2 Assessment plan............................................................................................................... 16 9.3 Assessment due dates....................................................................................................... 17 9.4 Submission of assessments............................................................................................... 17 9.4.1 Types of assignments and descriptions............................................................................. 18 9.5 The assessments............................................................................................................... 19 9.6 Other assessment methods............................................................................................... 19 9.7 The examination................................................................................................................ 19 9.7.1 Invigilation/proctoring......................................................................................................... 19 2  PVL3701/101/3/2024 10 ACADEMIC DISHONESTY............................................................................................... 20 10.1 Plagiarism.......................................................................................................................... 20 10.2 Cheating............................................................................................................................ 21 10.3 Academic matters.............................................................................................................. 21 10.4 Administrative matters....................................................................................................... 21 11 STUDENTS LIVING WITH DISABILITIES......................................................................... 21 12 FREQUENTLY ASKED QUESTIONS............................................................................... 22 3 Dear Student 1 INTRODUCTION Unisa is a comprehensive open distance e-learning (CODeL) higher education institution. The comprehensiveness of our curricula encapsulates a range of offerings, from strictly vocational to strictly academic certificates, diplomas and degrees. Unisa’s “openness” and its distance eLearning character result in many students registering at Unisa who may not have had an opportunity to enrol in higher education. Our ODeL character implies that our programmes are carefully planned and structured to ensure success for students ranging from the under-prepared but with potential to the sufficiently prepared. Teaching and learning in a CODeL context involves multiple modes of delivery ranging from blended learning to fully online. As a default position, all post graduate programmes are offered fully online with no printed study materials, while undergraduate programmes are offered in a blended mode of delivery where printed study materials are augmented with online teaching and learning via the learner management system – myUnisa. In some instances, undergraduate programmes are offered fully online as well. Furthermore, our programmes are aligned with the vision, mission and values of the University. As a result of Unisa’s commitment to serve humanity and shape futures combined with a clear appreciation of our location on the African continent, Unisa's graduates have distinctive graduate qualities which include independent, resilient, responsible and caring citizens who are able to fulfil and serve in multiple roles in their immediate and future local, national and global communities having a critical understanding of their location on the African continent with its histories, challenges and potential in relation to globally diverse contexts the ability to critically analyse and evaluate the credibility and usefulness of information and data from multiple sources in a globalised world with its ever- increasing information and data flows and competing worldviews how to apply their discipline-specific knowledges competently, ethically and creatively to solve real-life problems an awareness of their own learning and developmental needs and future potential This module is a blended module. Whether a module is offered either as blended (meaning that we use a combination of printed and online material to engage with you) or online (all information is available via the internet), we use myUnisa as our virtual campus. This is an online system that is used to administer, document and deliver educational material to you and support engagement with you. Look out for information from your lecturer as well as other Unisa platforms to determine how to access the virtual myUnisa module site. Information on the tools that will be available to engage with the lecturer and fellow students to support your learning will also be communicated via various platforms. You are 4  PVL3701/101/3/2024 encouraged to log into the module site on myUnisa regularly (that is, at least twice per week). 2 PURPOSE AND OUTCOMES 2.1 Purpose The purpose of this module is for students to gain knowledge, skills, attitudes and competencies to analyse and solve problems relating to the general principles of property law in South Africa, as well as basic research skills in the practice of law. The module incorporates principles relating to transformative constitutionalism, Ubuntu, social responsibility, graduateness and humanisation within the context of the law of property. 2.2 Outcomes A range of tasks in the Study Guide and/or tutorial letters, assignments and examinations will show that students have achieved the following outcomes: Outcome 1 Recognise and interpret the role of property law in current South African law and everyday life. Outcome 2 Demonstrate an understanding of the theoretical framework of, and the most pressing and prevalent issues regarding the law of property by critically evaluating legal material (the Constitution, legislation and case law) relating to the law of property. Outcome 3 Apply the principles of property law in practical situations and solve multi-dimensional legal problems associated with property law. Outcome 4 Understand the legal methods of enquiry and research in property law by using legal sources. 3 CURRICULUM TRANSFORMATION Unisa has implemented a transformation charter, in terms of which the university has placed curriculum transformation high on the teaching and learning agenda. Curriculum transformation includes student-centred scholarship, the pedagogical renewal of teaching 5 and assessment practices, the scholarship of teaching and learning, and the infusion of African epistemologies and philosophies. All of these will be phased in at both programme and module levels, and as a result of this you will notice a marked change in the teaching and learning strategy implemented by Unisa, together with the way in which the content is conceptualised in your modules. We encourage you to embrace these changes during your studies at Unisa in a responsive way within the framework of transformation. 4 CONTACTING THE UNIVERSITY VIA EMAIL To assist Unisa to safeguard your personal information, please ensure that you only use your myLife e-mail account when communicating with the university. We will not be responding to any emails sent from private email addresses. By using your myLife e-mail account, the university has a reasonable assurance that we are communicating with you, as your e-mail address contains your student number and you use your login credentials to access the account. Unisa may only communicate with a student using a private e-mail address under the following circumstances: New applicants who are enquiring about information for the purpose of applying for admission. New applicants who do not yet have a myLife e-mail account, because they have been admitted but not yet registered. Where a student requires assistance in resolving myLife e-mail account access problems. Please be aware that any personal information you publish on public platforms, such as social media platforms and WhatsApp groups, is not covered by the provisions of Protection of Personal Information Act 4 of 2013. Any personal information published in the public domain is not considered private and can, therefore be accessed by external parties with access to such platforms. 4.1 Lecturers All queries that are not of a purely administrative nature but are about the contents of this module should be addressed to us. Please have your tutorial material with you when you contact us by telephone. You may contact us by telephone or e-mail on the following numbers and e-mail addresses: Dr Leigh-Ann Kiewitz (012) 429 8466 [email protected] Prof Ina Knobel (012) 429 8491 [email protected] 6  PVL3701/101/3/2024 Mr Lekoba Kutu (012) 429- 6580 [email protected] Telephone calls made to us when we are not available will be forwarded to an answering machine. We recommend that you write an e-mail to us if you do not get hold of us telephonically. If you send e-mails to us, please do not send three separate e-mails. This duplicates our workload as all three of us will respond. Please write to only one of us or write to one of us and copy the other two lecturers. 4.2 Department The contact number for the Department of Private Law is (012) 429 8418. 4.3 College of Law Information Centre For college-specific queries, please email [email protected] or [email protected]. The college can also be contacted by phoning 012 429 4718/4860/6166/3253/4428. Please send all e-mails from your myLife e-mail account. If you send an e-mail directly to a Unisa e-mail address, include your student number in the subject line to ensure that your e-mail is correctly routed for an advisor for processing. 4.4 University To contact the university, please dial 080 000 1870. Remember to keep your student number at hand when contacting the university. The Unisa Student Communication Service Centre will be open weekdays from 08:00 – 16:00 (South African Standard Time). Please send all e-mails from your myLife e-mail account. If you send an e-mail directly to a Unisa e-mail address, include your student number in the subject line to ensure that your e-mail is correctly routed for an advisor for processing. Please check the list carefully and send an enquiry to one e-mail address only. This will ensure that there is no confusion as to who must respond, thereby preventing unnecessary delays in the response or the email portrayed as spam. Students should only forward enquiries to the Registrar and Deputy Registrar in instances where those enquiries could not be resolved at other levels. TYPE OF QUERY EMAIL ADDRESS TELEPHONE NUMBER ICT myUnisa [email protected] 012 429 3111 (Option 2) myLife [email protected] 012 429 3111 (Option 2) 7  STUDENT ADMISSIONS AND REGISTRATIONS General applications and [email protected] registration queries College of Law [email protected] International students [email protected] Exemptions [email protected] Access and matriculation [email protected] exemption Re-admissions [email protected] STUDENT ASSESSMENT ADMINISTRATION General assignment [email protected] enquiries General exam queries [email protected] 012 429 8641 Aegrotat exams [email protected] 012 429 8641 Exam arrangements for [email protected] 012 429 8641 students with disabilities [email protected] Exam admission 012 429 8641 a [email protected] International students + 27 12 429 2268.za Remarks [email protected] 012 429 8641 Purchase of an exam script [email protected] 012 429 8641 FINANCE Student account enquiries [email protected] 012 429 2441/4299 STUDENT FUNDING General student funding [email protected] 012 441 5600 enquiries STUDY MATERIAL Despatch enquiries [email protected] Contact addresses of the various administrative departments appear on the Unisa website: http://www.unisa.ac.za/sites/corporate/default/Contact-us/Student-enquiries. Please include the student number in all correspondence. 8  PVL3701/101/3/2024 5 RESOURCES 5.1 Prescribed book(s) There are no prescribed books for this module. 5.2 Recommended book(s) There are no recommended books for this module. 5.3 Study material for this module The study material for this module consists of the following:  A Study Guide This Study Guide is divided into three (3) parts. In Part I we supply general information regarding this module. Part II contains an example which comprises a set of facts that serves as a practical illustration of most of the legal relationships which you will encounter in this module. The example is used as a basis for studying this module on the law of property. Part III is the study manual. The study material for this module is divided into 15 study units. Each study unit comprises one or more topics. Every study unit starts with facets of the example in Part II to illustrate the relevant legal issues that are discussed in that particular study unit. Each study unit is concluded with questions. All the questions are relevant to the topic of that particular study unit. Many of these questions are followed by an answer or comprehensive commentary. Please take note that these answers and the commentary form part of your study material and should therefore be studied thoroughly.  Additional tutorial letter/s which you will receive during the semester Apart from Tutorial Letter 101, you will receive at least one more tutorial letter during the semester which contains the commentary on the assignments. It is also possible that additional tutorial letters will be sent out should the need arise, for example to inform you about important new developments in the subject.  Prescribed cases (available in the electronic reserves) We appreciate that it is almost impossible to read all the cases cited in the Study Guide in the time at your disposal. A selection has therefore been made of a few important prescribed cases which you must read yourself. Although we prescribe only a few cases which you must read yourself, you would be well advised to read as many additional cases as possible, to become adept at swiftly reading through and appraising a case, something which will be of inestimable value to you in practice later. It is also advisable that you try to read the relevant cases in the law reports as they appear each month, as this will enable you to keep abreast of the latest developments in property law. 9  The list of prescribed cases supplied below contains those cases that you must read and summarise yourself. You should bear in mind that the cases discussed in the Study Guide which do not appear in the list below are also very important and should be studied carefully. They must be studied to the extent that they are discussed in your Study Guide. Decisions by our courts are an important source of the law. When a case dealing with a certain aspect is discussed in the Study Guide we expect you to refer to that case as authority for that specific aspect both in assignments and in the examination, even though such a case is not in the list of prescribed cases which you must read personally. The cases in the list below have to be obtained from the library and must be studied thoroughly. You must study these cases in conjunction with the Study Guide. This will help you to obtain insight in the relevant principles and their application. PLEASE NOTE: Both the assignments and the examination contain questions regarding the prescribed cases. You will only be able to answer these questions if you have read the cases. The four court cases below deal with different aspects of this module. When you read them you will see that different study units of the Study Guide provide background information which will assist you with reading and understanding the judgments. These study units are listed below each case, together with an indication of the topics that were relevant in each case. Bisschoff v Welbeplan Boerdery (Pty) Ltd (2021 (5) SA 54 (SCA)) Study unit 3 - Limitation of ownership Study unit 6 - Eviction – rei vindicatio Study unit 9 – spoliation remedy; interdict Hendricks v Hendricks (2016 (1) SA 511 (SCA)) Study unit 3 - Limitation of ownership Study unit 10 - Personal servitude (dwelling (habitation or right of habitation)) Study unit 6 - Eviction – rei vindicatio Study unit 14 – Eviction in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 City of Tshwane Metropolitan Municipality v The Mamelodi Hostel Residents Association (025/2011) ZASCA 227 Study unit 9 – Spoliation remedy Study unit 14 – Eviction in terms of section 26(3) of the Constitution and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 10  PVL3701/101/3/2024 First National Bank of SA Ltd t/a Wesbank v Commissioner, South African Revenue Service: First National Bank of SA Ltd t/a Wesbank v Minister of Finance 2002 4 SA 768 (CC) (also reported at 7 BCLR 702 (CC)) Study unit 13 - meaning of property, deprivation and expropriation for purposes of the Constitution of the Republic of South Africa, 1996 PLEASE REMEMBER THAT ALL OTHER CASES TO WHICH WE REFER IN THE STUDY GUIDE SHOULD BE STUDIED TO THE EXTENT THAT THEY ARE DISCUSSED IN THE STUDY GUIDE. 5.4 Electronic reserves (e-reserves) E-reserves can be downloaded from the Unisa library webpage Library (unisa.ac.za)/Millennium Web Catalogue (unisa.ac.za). More information is available at: http://oasis.unisa.ac.za/search/r 5.5 Library services and resources The Unisa Library offers a range of information services and resources. The library has created numerous library guides, available at http://libguides.unisa.ac.za Recommended guides : For brief information on the library, go to https://www.unisa.ac.za/library/libatglance For more detailed library information, go to http://www.unisa.ac.za/sites/corporate/default/Library Frequently Asked Questions, visit https://www.unisa.ac.za/sites/corporate/default/Library/Frequently-Asked- Questions For research support and services such as the Personal Librarian service visit http://www.unisa.ac.za/sites/corporate/default/Library/Library-services/Research- support For research support and services such as the Information Search Librarian's Literature Search Request (on your research topic) service, visit http://www.unisa.ac.za/sites/corporate/default/Library/Library-services/Research- support. For library training for undergraduate students, visit https://www.unisa.ac.za/sites/corporate/default/Library/Library- services/Training Lending Services https://www.unisa.ac.za/sites/corporate/default/Library/Library- services/Lending-services Services for Postgraduate students - https://www.unisa.ac.za/sites/corporate/default/Library/Services-for-Postgraduates Support and Services for students with disabilities - https://www.unisa.ac.za/sites/corporate/default/Library/Services-for-students-with- special-needs 11  Library Technology Support -https://libguides.unisa.ac.za/techsupport Finding and using library resources and tools - http://libguides.unisa.ac.za/Research_skills A–Z list of library databases – https://libguides.unisa.ac.za/az.php Important contact information: Technical problems encountered in accessing library online services: Lib- [email protected] General library-related queries: [email protected] Queries related to library fines and payments: [email protected] Interlibrary loan service for postgraduate students: [email protected] Literature Search Service: [email protected] Social media channels: Facebook: UnisaLibrary and Twitter: @UnisaLibrary 6 STUDENT SUPPORT SERVICES The Study @ Unisa brochure is available on myUnisa: www.unisa.ac.za/brochures/studies This brochure contains important information and guidelines for successful studies through Unisa. If you need assistance with regard to the myModules system, you are welcome to use the following contact details: Toll-free landline: 0800 00 1870 (Select option 07 for myModules) E-mail: [email protected] or [email protected] You can access and view short videos on topics such as how to view your calendar, how to access module content, how to view announcements for modules, how to submit assessment and how to participate in forum activities via the following link: https://dtls-qa.unisa.ac.za/course/view.php?id=32130 Registered Unisa students get a free myLife e-mail account. Important information, notices and updates are sent exclusively to this account. Please note that it can take up to 24 hours for your account to be activated after you have claimed it. Please do this immediately after registering at Unisa, by following this link: [email protected] Your myLife account is the only e-mail account recognised by Unisa for official correspondence with the university and will remain the official primary e-mail address on record at Unisa. You remain responsible for the management of this e-mail account. 12  PVL3701/101/3/2024 6.1 The Unisa First-Year Experience Programme Many students find the transition from school education to tertiary education stressful. This is also true in the case of students enrolling at Unisa for the first time. Unisa is a dedicated open distance and e-learning institution, and it is very different from face-to-face/contact institutions. It is a mega university, and all our programmes are offered through either blended learning or fully online learning. It is for this reason that we thought it necessary to offer first-time students additional/extended support to help them seamlessly navigate the Unisa teaching and learning journey with little difficulty and few barriers. We therefore offer a specialised student support programme to students enrolling at Unisa for the first time – this is Unisa’s First-Year Experience (FYE) Programme, designed to provide you with prompt and helpful information about services that the institution offers and how you can access information. The following FYE services are currently offered: FYE Website Email Support www.unisa.ac.za/FYE [email protected] FYE1500 Post Registration myUnisa; Study Orientation Referrals to Skills; Academic & other support Digital Literacies; services i.e. etc Counselling; Reading & Writing workshops To ensure that you do not miss out on important academic and support communication from the SRU, please check your myLife inbox regularly. 6.2 Companies falsely advertising Unisa services Some companies and social media pages have been falsely advertising Unisa online information and various services to assist Unisa students. In the process, companies either 13 solicit money fraudulently from students or make money through online advertising with no benefit to students. These companies are in no way associated or related to Unisa. We request that students only use official Unisa sites and platforms as any other platforms will provide you with incorrect information and/or act illegally which will be harmful to your studies. Unisa will always use official communication channels (eg Unisa website, myUnisa, Unisa social media platforms, myLife e-mail) to communicate with students. Please use the following Unisa platforms for official Unisa information: www.unisa.ac.za https://my.unisa.ac.za https://www.facebook.com/UniversityOfSouthAfrica https://twitter.com/unisa https://www.linkedin.com/company/unisa 7 STUDY PLAN It is difficult to suggest a study plan that would suit all students who are registered for this module. It is however, necessary to work out a study plan for yourself and to keep to it stringently. As a point of departure you can take note of the following: There are fifteen study units in the Study Guide that you must master together with the prescribed cases to which we refer in paragraph 5.3 above. The fifteen study units in this module on Property Law cover the following main topics (parts). The approximate mark allocation for examination purposes with regard to each part is indicated in brackets: Part 1 (study units 1-2): Introduction, things as legal objects and real rights and personal rights (Approximately 10%) Part 2 (study units 3-7): Ownership: definition of, limitations on, original acquisition of, derivative acquisition of, protection of, termination of and co-ownership (Approximately 35%) Part 3 (study units 8-9): Possession and holdership: nature of, protection of and termination of (Approximately 15%) Part 4 (study units 10-12): Limited real rights: introduction, servitudes, restrictive conditions, pledge, security by means of claims, mortgage, tacit mortgages, mineral rights, water rights and tenant’s rights (Approximately 30%) Part 5 (study units 13-15): Constitutional property law, land reform and additional forms of statutory land use (Approximately 10%) 14  PVL3701/101/3/2024 The abovementioned mark allocation should give you an indication of the amount of time that you should spend on each section. When you work out a study plan you should take note of the submission dates of the assignments. These dates will be communicated on the myModules site on myUnisa. Please remember that the semester is very short and that you should use your time optimally throughout the semester to have enough time to revise the study material before the examination. 8 PRACTICAL WORK This module does not have a practical work and work-integrated learning component. 9 ASSESSMENT 9.1 Assessment criteria The following assessment criteria are applicable to this module: Assessment criteria Legal problems and issues relating to the law of Recognise and interpret the role property are identified in real or simulated fact of the law of property in current scenarios by using evidence- based solutions and 1 South African law and everyday theory-driven arguments. life. Daily occurrences regarding the law of property are interpreted and analysed. Well-structured, theory-driven arguments, opinions and evidence-based solutions relating to the law of property are presented, showing an Demonstrate an understanding of awareness of audience and using professional the theoretical framework of, and discourse appropriately. the most pressing and prevalent The relevance and applicability of various legal issues regarding the law of sources and authorities are analysed and critically property by critically evaluating evaluated in terms of identified problems relating 2 legal material (the Constitution, to the law of property. legislation and case law) relating Language use is consistent with the conventions to the law of property. in the discipline of law. Terms, rules, concepts, principles and theories related to the law of property are understood. Students can map new knowledge onto existing theories related to the law of property. 15  Practical problems from case law and everyday examples are solved using appropriate research methods and applying the principles and rules of the law of property. Apply the principles of the law of Evidence-based and theory-driven advice on an property in practical situations and appropriate course of action is given in respect of solve multi-dimensional legal the law of property. 3 problems associated with the law Relevant sources and authorities are found and of property. used to solve problems regarding the law of property. The most appropriate and authoritative legal materials are selected to solve identified problems relating to the law of property. Basic literature research skills are demonstrated. Source material is found and used to suit the needs of the particular area of research. Understand the legal methods of Authorities are used appropriately to substantiate enquiry and research in the law of arguments and support solutions for problems property by using legal sources. relating to the law of property. 4 Students act responsibly and ethically as researchers and scholars, e.g. refer appropriately, acknowledge sources, and avoid plagiarism. Information is presented in professionally accepted formats. 9.2 Assessment plan To complete this module, you will be required to submit two assessments. All information about when and where to submit your assessments will be made available to you via the myModules site for your module. Due dates for assessments, as well as the actual assessments are available on the myModules site for this module. To gain admission to the examination, you will be required to submit one assignment. The assignment weighting for the module is 20%. You will receive examination information via the myModules sites. Please watch out for announcements on how examinations for the modules for which you are registered will be conducted. The examination will count 80% towards the final module mark. 16  PVL3701/101/3/2024 9.3 Assessment due dates There are no assessment due dates included in this tutorial letter. Assessment due dates will be made available to you on the myUnisa landing page for this module. We envisage that the due dates will be available to you upon registration. Please start working on your assessments as soon as you register for the module. Log on to the myUnisa site for this module to obtain more information on the due dates for the submission of the assessments. 9.4 Submission of assessments Unisa, as a comprehensive open distance e-learning institution (CODeL), is moving towards becoming an online institution. You will therefore see that all your study material, assessments and engagements with your lecturer and fellow students will take place online. We use myUnisa as our virtual campus. The myUnisa virtual campus will offer students access to the myModules site, where learning material will be available online and where assessments should be completed. This is an online system that is used to administer, document, and deliver educational material to students and support engagement between academics and students. The myUnisa platform can be accessed via https://my.unisa.ac.za. Click on the myModules 2024 button to access the online sites for the modules that you are registered for. The university undertakes to communicate clearly and as frequently as is necessary to ensure that you obtain the greatest benefit from the use of the myModules learning management system. Please access the announcements on your myModules site regularly, as this is where your lecturer will post important information to be shared with you. When you access your myModules site for the module/s you are registered for, you will see a welcome message posted by your lecturer. Below the welcome message you will see the assessment shells for the assessments that you need to complete. Some assessments may be multiple choice, some tests, others written assessments, some forum discussions, and so on. All assessments must be completed on the assessment shells available on the respective module platforms. To complete quiz assessments, please log on to the module site where you need to complete the assessment. Click on the relevant assessment shell (Assessment 1, Assessment 2, etc.). There will be a date on which the assessment will open 17  for you. When the assessment is open, access the quiz online and complete it within the time available to you. Quiz assessment questions are not included in this tutorial letter (Tutorial Letter 101) and are only made available online. You must therefore access the quiz online and complete it online where the quiz has been created. It is not advisable to use a cell phone to complete the quiz. Please use a desktop computer, tablet or laptop when completing the quiz. Students who use a cell phone find it difficult to navigate the Online Assessment tool on the small screen and often struggle to navigate between questions and successfully complete the quizzes. In addition, cell phones are more vulnerable to dropped internet connections than other devices. If at all possible, please do not use a cell phone for this assessment type. For written assessments, please note the due date by which the assessment must be submitted. Ensure that you follow the guidelines given by your lecturer to complete the assessment. Click on the submission button on the relevant assessment shell on myModules. You will then be able to upload your written assessment on the myModules site of the modules that you are registered for. Before you finalise the upload, double check that you have selected the correct file for upload. Remember, no marks can be allocated for incorrectly submitted assessments. 9.4.1 Types of assignments and descriptions All assignments are defined as either optional, mandatory, compulsory, or elective. Elective assignments - If not submitted, the student gets no mark for this item. - The best of the required submissions will count. Mandatory assignments - If not submitted, the student gets no mark for this item. Compulsory assignments - If not submitted, the result on the student’s academic record will be absent. Optional assignments – You are encouraged as a student to do optional assignment so that it may benefit your learning. I. Elective assignments a. The student is given a choice of which assignments within an identified group to submit, only the best result(-s), the number of which is specified in advance, will contribute towards the year mark. b. Elective assignments must also be grouped into an elective group. c. For the student to select which assignment to submit, the elective assignments must be grouped together. For such an elective group, relevant information must be provided to the student, such as how many of the assignments must be submitted and how many of the assignment marks should be combined into the year mark. 18  PVL3701/101/3/2024 d. The selection criteria define how marks received for assignments in an elective group are to be combined into the year mark. Three different criteria may be used for calculating the year mark: The best mark should be used, or If the student submits fewer than the required number of assignments per group or no assignment in a group, a mark of 0% will be used. 0% is awarded to all non-submitted or unmarked assessments. A best mark is then calculated from all items. II. Mandatory assignments a. Contribute to the year mark. b. If a student fails to submit a mandatory assignment, no mark is awarded and the year mark is calculated accordingly. The student will therefore forfeit the marks attached to this assignment when the final mark for the module is calculated. III. Compulsory Assessment a. When not submitted, the student will fail a Continuous Assessment module but will be shown as absent from the examination in the case of other modules. IV. Optional assignments – You are encouraged as a student to do optional assignments so that it may benefit your learning. 9.5 The assessments As indicated in section 9.2, you need to complete two assessments for this module. There are no assignments included in this tutorial letter. Assignments and due dates will be made available to you on myModules for this module. We envisage that the due dates will be available to you upon registration. 9.6 Other assessment methods There are no other assessment methods. 9.7 The examination Examination information and details on the format of the examination will be made available to you online via the myUnisa site. Look out for information that will be shared with you by your lecturer and e-tutors (where relevant) and for communication from the university. 9.7.1 Invigilation/proctoring Since 2020 Unisa conducts all its assessments online. Given stringent requirements from professional bodies and increased solicitations of Unisa’s students by third parties to unlawfully assist them with the completion of assignments and examinations, the University is obliged to assure its assessment integrity through the utilisation of various proctoring tools: Turnitin, Moodle Proctoring, the Invigilator App and IRIS. These tools will authenticate the student’s identity and flag suspicious behaviour to assure credibility of students’ responses during assessments. 19 The description below is for your benefit as you may encounter any or all of these in your registered modules: Turnitin is a plagiarism software that facilitates checks for originality in students’ submissions against internal and external sources. Turnitin assists in identifying academic fraud and ghost writing. Students are expected to submit typed responses for utilisation of the Turnitin software. The Moodle Proctoring tool is a facial recognition software that authenticates students’ identity during their Quiz assessments. This tool requires access to a student’s mobile or laptop camera. Students must ensure their camera is activated in their browser settings prior to their assessments. The Invigilator “mobile application-based service” does verification of the identity of an assessment participant. The Invigilator Mobile Application detects student dishonesty-by- proxy and ensures that the assessment participant is the registered student. This invigilation tool requires students to download the app from their Play Store (Google, Huawei and Apple) on their mobile devices (camera enabled) prior to their assessment. IRIS Invigilation software verifies the identity of a student during assessment and provides for both manual and automated facial verification. It has the ability to record and review a student’s assessment session. It flags suspicious behaviour by the students for review by an academic administrator. IRIS software requires installation on students’ laptop devices that are enabled with a webcam. Students who are identified and flagged for suspicious dishonest behaviour arising from the invigilation and proctoring reports are referred to the disciplinary office for formal proceeding. Please note: Students must refer to their module assessment information on their myModule sites to determine which proctoring or invigilation tool will be utilised for their formative and summative assessments. 10 ACADEMIC DISHONESTY 10.1 Plagiarism Plagiarism is the act of taking the words, ideas and thoughts of others and presenting them as your own. It is a form of theft. Plagiarism includes the following forms of academic dishonesty: Copying and pasting from any source without acknowledging the source. Not including references or deliberately inserting incorrect bibliographic information. Paraphrasing without acknowledging the original source of the information. 20  PVL3701/101/3/2024 10.2 Cheating Cheating includes, but is not limited to, the following: Completing assessments on behalf of another student, copying the work of another student during an assessment, or allowing another student to copy your work. Using social media (e.g. WhatsApp, Telegram) or other platforms to disseminate assessment information. Submitting corrupt or irrelevant files; this forms part of examination guidelines. Buying completed answers from so-called “tutors” or internet sites (contract cheating). For more information about plagiarism, follow the link below: https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-values-and-rules 10.3 Academic matters All module content-related enquiries must first be addressed to the relevant module lecturers. As already indicated above, all such enquiries must be made from your [email protected] email account. Where your module lecturer(s) is unable to assist, such enquiries can be escalated to the Chair of the Department in which your module is located. The Chair of the Department is the one with the power to resolve issues, is authorised to make such interventions, and has the final say in matters relating to the administration of a module. Such escalation must be done via the departmental administrative staff. Contact information for all the departmental administrative staff in the department is captured below. Name Email address Chair of Department: Adv SL Ntsoane [email protected] Departmental Secretary: Ms TT Mapokgole [email protected] Departmental administrative assistant: Ms HD Mabena [email protected] Departmental administrative assistant: Mr SL Lekota [email protected] 10.4 Administrative matters The contact information for all administrative departments is included under item 4.4 of this Tutorial Letter. Please address any administrative issues (for example, registration issues, finance-related issues, graduation issues, auditing of a qualification, etc) with the relevant support department and not the college. 11 STUDENTS LIVING WITH DISABILITIES The Advocacy and Resource Centre for Students with Disabilities (ARCSWiD) provides an opportunity for staff to interact with first-time and returning students with disabilities. 21 If you are a student with a disability and would like additional support or need additional time for assessments, you are invited to contact Prof IM Knobel ([email protected]) to discuss the assistance that you need. 12 FREQUENTLY ASKED QUESTIONS The following questions are some of the questions that students who are registered for this module often ask us. We briefly answer these questions below. Is there a prescribed textbook for this module? No, there is not, see paragraph 5.1 of this tutorial letter. I am having trouble in obtaining the prescribed cases from the library or to download the cases. You have to take this up with the library. See paragraphs 5.4 and 5.5. Are there any hints (tips) for the examination? No, unfortunately not. The best advice that we can give you is to spend enough time on your studies. It is also a good idea to keep the table to which we have referred in paragraph 7 with you while you study. © Unisa 2023 22