ABSTRACT

This chapter provides an overview of the pedagogy used at undergraduate and postgraduate level teaching of Refugee Law in one faculty of law – at the University of Cape Town. In addition, it provides a synopsis of the mechanisms employed in the refugee clinic, which is housed at the University, to extend the teaching of Refugee Law in a clinical setting. For undergraduates, this chapter recognises that if the aim of teaching is, amongst other things, to provide a base for producing future lawyers, then the teaching of subjects such as Refugee Law cannot be conducted in isolation. Students need to be made aware that effective learning legal practice and the process of litigation require an understanding of how the courses of the whole law degree are interlinked and interdependent. Concepts and principles taught in other areas of law are relevant to the optimal functioning in a subject such as Refugee Law. There is a strong emphasis on the development of litigation skills in the undergraduate course. The postgraduate course (LLM and M.Phil.) differs significantly from the undergraduate one, most importantly in that the Masters-level programme is focused on research, encouraging students to adopt a proactive approach to refugee protection. A distinctive feature is that the course (LLM) is offered to those with a law degree and also to students with non-legal backgrounds (M.Phil.). The emphasis shifts from purely legal or litigation concerns (as in the undergraduate option) to a broader understanding of the social and related issues faced by refugees. At the related clinical level, the focus is on social justice lawyering and it is evident that the clinical work has had a significant impact on the teaching of Refugee Law.