The court upheld NSFAS’s policy that graduates who want to do an LLB after their BA (Law) and BCom (Law) will not be funded
Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.The supreme court of appeal has recently supported the National Student Financial Aid Scheme policy decision not to fund second undergraduate and postgraduate degrees.
The four-year LLB faced much criticism about whether it was “fit for purpose” and provided the necessary and suitable skills for law graduates to function in the legal sector. Many of these reservations, challenges and criticisms linger to this day. Although it is possible to study a four-year LLB, it is not uncommon for students to complete a BA or a BCom before pursuing the LLB as a postgraduate degree.
This changed in 2021 when the department of higher education and training issued the Guidelines for the Department of Higher Education and Training Bursary Scheme for Students at Public Universities, which confirmed that NFSAS would not fund any second undergraduate or postgraduate degrees. This change was largely the result of budget constraints, which were exacerbated by the financial difficulties created by the Covid-19 pandemic.
But the supreme court of appeal has recently overturned this decision and found that the eligibility criteria was reasonable. Although the court recognised that such a decision could appear harsh, prioritising first-time entry students over those seeking a second qualification was deemed reasonable. This decision does not only cut the financial lifeline for many law students, but it may also have more far-reaching implications for legal education. The BA and BCom degrees are seen as positively adding to a law graduate’s knowledge, abilities and skills and, in turn, may be viewed as a form of addressing some of the shortcomings of the LLB.
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