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....................................................................................................... 16
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

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10 ACADEMIC DISHONESTY ............................................................................................... 20

10.1 Plagiarism .......................................................................................................................... 20
10.2 Cheating ............................................................................................................................ 20
10.3 Academic matters .............................................................................................................. 21
10.4 Administrative matters ....................................................................................................... 21
11 STUDENTS LIVING WITH DISABILITIES......................................................................... 21
12 FREQUENTLY ASKED QUESTIONS ............................................................................... 22

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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

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 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

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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]

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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)

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 myLife [email protected] 012 429 3111 (Option 2)
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.

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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.

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 • 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) [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

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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 [2002] 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

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• 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.

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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
solicit money fraudulently from students or make money through online advertising with no
benefit to students.

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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%)

The abovementioned mark allocation should give you an indication of the amount of time
that you should spend on each section.

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• 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.

Apply the principles of the law of • Practical problems from case law and everyday
3
property in practical situations and examples are solved using appropriate research
solve multi-dimensional legal methods and applying the principles and rules of
problems associated with the law the law of property.

15
 of property. • Evidence-based and theory-driven advice on an
appropriate course of action is given in respect of
the law of property.
• Relevant sources and authorities are found and
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.

9.3 Assessment due dates

• There are no assessment due dates included in this tutorial letter.

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• 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
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

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 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.
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

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• 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. 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

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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.

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.

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• 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 T Mapokgole [email protected]
Departmental administrative assistant: Ms H 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.

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.

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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

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