101_2025_3_b
101_2025_3_b
101_2025_3_b
Entrepreneurial Law
MRL2601
Semester 1 and 2
IMPORTANT INFORMATION
Please register on myUnisa, activate your myLife e-mail account and
make sure that you have regular access to the myUnisa module
website, MRL2601-2025-S1/S2, as well as your group website.
Note: This is a fully online module. It is, therefore, only available only on myUnisa.
BARCODE
CONTENTS
Page
1 INTRODUCTION .......................................................................................................................... 4
2 MODULE OVERVIEW .................................................................................................................. 5
2.1 Purpose ........................................................................................................................................ 5
2.2 Outcomes ..................................................................................................................................... 5
3 CURRICULUM TRANSFORMATION ........................................................................................... 6
4 CONTACTING THE UNIVERSITY ................................................................................................ 6
4.1 Lecturer(s) .................................................................................................................................... 7
4.2 Department ................................................................................................................................... 7
4.3 College of Law Information Centre ................................................................................................ 7
4.4 University ...................................................................................................................................... 8
5 RESOURCES ............................................................................................................................... 9
5.1 Prescribed book(s) ........................................................................................................................ 9
5.2 Recommended book(s) ................................................................................................................. 9
5.3 Electronic reserves (e-reserves)................................................................................................ 10
5.4 Library services and resources…………………………………...…………………………10
6 STUDENT SUPPORT SERVICES .............................................................................................. 11
6.1 The Unisa First-Year Experience Programme ............................................................................. 11
6.2 Using Recognition of Prior Learning (RPL) to apply for module credit within a qualification. ....... 12
6.3 Companies falsely advertising Unisa services............................................................................. 13
7. STUDY PLAN ............................................................................................................................. 14
8 HOW TO STUDY ONLINE .......................................................................................................... 15
8.1 What does it mean to study fully online? ..................................................................................... 15
9. ASSESSMENT ........................................................................................................................... 16
9.1 Assessment criteria..................................................................................................................... 16
9.2 Assessment plan ........................................................................................................................ 16
9.3 Types of assignments and descriptions ...................................................................................... 17
9.4 Submission of assessments ........................................................................................................ 18
9.4.1 Submission of a quiz ................................................................................................................... 18
9.4.2 Submission of a written assessment ........................................................................................... 18
9.5 The examination ......................................................................................................................... 19
9.5.1 Invigilation/proctoring .................................................................................................................. 19
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1 INTRODUCTION
Dear Student
Teaching and learning in a CODeL context involves multiple modes of delivery, ranging from
blended to fully online learning. As a default position, all post-graduate programmes are
offered fully online with no printed study materials, while undergraduate programmes are
offered using 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. Unisa's commitment to serving humanity and shaping futures – combined with a
clear appreciation of our location on the African continent – means that Unisa's graduates
have distinctive graduate qualities, which include:
• being independent, resilient, responsible and caring citizens 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 and taking
account of 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 ever-increasing
information and data flows and competing worldviews
• an awareness of their own learning and developmental needs and future potential
This module is offered online (meaning that all information is available via the internet).
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. The myUnisa virtual campus offers students access
to the myModules site, where learning material is available online and where assessments
should be completed. Together, myUnisa and myModules form an online system that is used
to administer, document, and deliver educational material to students and support
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engagement between those students and Unisa’s academics. The myUnisa platform can be
accessed via https://my.unisa.ac.za. Click on the myModules 2025 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 your 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. You are encouraged to log into the module site
on myUnisa regularly (that is, at least thrice per week).
2 MODULE OVERVIEW
2.1 Purpose
Students who have completed this module successfully will be able to understand different
forms of enterprises in South Africa. This module is useful as it acquires general background
knowledge about the main characteristics of and the basic operations in partnerships,
companies, close corporations and business trusts.
Furthermore, this module introduces the regulatory framework within which these forms of
enterprise are set, with specific emphasis on the Companies Act 71 of 2008, which came into
operation on 1st of May 2011. In addition, it will expose you to case law and the practical
application of the law regarding these forms of enterprise.
2.2 Outcomes
Outcome 2: Identify and analyse legal issues regarding the law on companies, close
corporations, partnerships and business trusts.
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Outcome 6: Understand the basic operations and functions of the various forms of
enterprises.
Outcome 7: Identify the main differences, i.e. the distinct advantages and
disadvantaged connected to the different forms of South African enterprises.
Outcome 10: Legal text is skilfully used to substantiate formulated arguments and
support solutions for specific Entrepreneurial Law issues.
3 CURRICULUM TRANSFORMATION
Unisa has implemented a transformation charter that places curriculum transformation high on
the teaching and learning agenda. Curriculum transformation includes student-centred
scholarship, the pedagogical renewal of teaching and assessment practices, the scholarship of
teaching and learning, and the infusion of African epistemologies and philosophies. All of these
are being phased in at both programme and module levels. 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, responsively and within the framework of
transformation.
• 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, Telegram and WhatsApp groups, are not covered by the provisions of
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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 Lecturer(s)
Prof M Sigwadi
Tel 012 429 8479
Email: sigwam@unisa.ac.za
Ms BM Masuku
Tel 012 429 8481
Email: masukbm@unisa.ac.za
Dr V Madlela
Tel 012 429 8476
Email: madlev@unisa.ac.za
Ms MR Modiba
Tel 012 429 3111
Email: emodibm@unisa.ac.za
Prof R Cassim
Tel 012 429 6780
Email: cassir@unisa.ac.za
4.2 Department
E-mail: Merclaw@unisa.ac.za
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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 emails from your mylife email account. If you send an e-mail directly to a
Unisa e-mail address, insert your student number in the subject line to ensure that it is correctly
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.
The contact information below should assist with the resolution of any administrative
query. For example, if you are enrolled with the College of Law and have a query about your
admission to a qualification, please contact jus@unisa.ac.za.
The types of queries listed below should not be directed to the college BUT to the
relevant department listed below.
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5 RESOURCES
5.1 Prescribed book(s)
However, it is also advisable that you obtain a copy of the Companies Act 71 of 2008. A
relatively inexpensive volume is available for purchase: Companies Act 71 of 2008 &
Regulations 18th edition (2023) Juta’s Statute Editors (Juta).
The Companies Act 71 of 2008 can also be accessed at http://www.saflii.org. Please make sure
that the version of the Act you consult is the one as amended by the Companies Amendment
Act 3 of 2011.
NB: Only the sections of the Companies Act 71 of 2008 that are specifically dealt with in
the study guide are of importance for examination purposes. However, the sections
should be understood as discussed in the study guide.
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5.3 Electronic reserves (e-reserves)
Recommended guides:
To view the Library orientation video – please click here : Unisa Library and Information
Services Video_1_1 (2).mp4
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This brochure contains important information and guidelines for successful studies through
Unisa.
If you need assistance concerning the myModules system, you are welcome to use the
following contact details:
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 assessments
and how to participate in forum activities by visiting https://dtls-
qa.unisa.ac.za/course/view.php?id=32130
Registered Unisa students receive a free myLife e-mail account. Important information,
notices and updates are sent exclusively to this account.
Please claim your e-mail account immediately after registering at Unisa by following this
link: https://www.unisa.ac.za/static/myunisa/Content/Announcements/Documents/Claim-
myUnisa-myLife-Nov-2017.pdf
Note that it can take up to 24 hours for your account to be activated after you have claimed it.
Your myLife account is the only e-mail account recognised by Unisa for official
correspondence between you and the University and it will remain your official primary e-mail
address on record at Unisa.
Many students find the transition from school education to tertiary education stressful and this is often
true for students enrolling at Unisa for the first time. Unisa is a dedicated open distance and e-learning
institution and is very different from face-to-face/contact institutions. It is a mega university and all its
programmes are offered through either blended learning or fully online learning. For these reasons, we
offer first-time students additional/extended support to help them navigate the Unisa teaching and
learning journey seamlessly and with little difficulty and few barriers.
Unisa’s First-Year Experience (FYE) Programme has been specially designed to provide you with
prompt and helpful information about the services that the institution offers.
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The following FYE services are currently available:
www.unisa.ac.za/FYE fye@unisa.ac.za
FYE1500
Post-
myUnisa; Study
Registration
Referrals to Skills; Academic &
Orientation Digital Literacies;
other support
services etc
e.g. 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 Using Recognition of Prior Learning (RPL) to apply for module credit within a
qualification.
Now that you are a registered student, you are advised to familiarise yourself with the learning outcomes
of the module or modules you have chosen. If you have been exposed to those learning outcomes for
three years or more – either through work experience or other involvement – you can apply to be
exempted from completing assignments and writing examinations. As part of your application for this
exemption, you will be required to compile a portfolio of evidence substantiating how your experience is
equivalent to the learning outcomes. The diagram below shows the steps involved in obtaining
recognition of prior learning (RPL) for module credit. For more information on the process, RPL fees, and
the contact details of your college RPL coordinator, visit the Unisa website: www.unisa.ac.za/rpl
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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.
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
Please note that WhatsApp or Telegram are not official Unisa communication platforms
and the information published on such platforms is not quality assured by Unisa. However,
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some lecturers may use these platforms as additional communication channels and will
specifically inform you of this on myUnisa.
7. STUDY PLAN
Please consult the publication Study @ Unisa which you received with your study material for
general time management and planning skills.
We would like to support you in your learning process. However, we can support you only if you
take responsibility for your own learning. To help you to work on this module regularly and
systematically, we provide a proposed study programme below and also for assignments. Try to
adhere to this study programme as far as possible.
Time schedule for studying MRL2601
PLEASE NOTE: This schedule should be used as a guideline only when planning your own
personal study timetable for MRL2601.
Week 1 Read tutorial letters, adapt time schedule, and read the Introduction in
the study guide. (5 hours)
Study units 1 and 2 (When studying the study units dealing with companies, try to answer the
Assignment 02 questions)
Week 10: Study unit 15 (5 hours). Complete and submit Assignment 02 (2 hours).
Week 11: Revise learning unit 15 (10 hours) Close Corporations (CC’s) count 30%
in the exam!
Revise all study units dealing with Companies (1- 12) and Close Corporations (15)
Go through the concept exam in Tutorial Letter 102 and the answers provided in Tutorial Letter
201.
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Consult the discussion forum and the narrated PowerPoint presentations under Additional
Resources, particularly the study units about which you are uncertain.
We suggest that you follow the following steps in your learning process:
Step 1: Read the entire section in the study unit that you are studying to provide you with
an overview.
Step 2: Make a short summary (about 2 sentences) of the legislation and the cases
referred to under the topic indicating the importance of each specific case.
Step 3: Attempt to answer the key questions at the beginning of each study unit. If
necessary, re-read the prescribed section in the textbook.
Step 4: Make a brain chart of the specific topic or, if you prefer, a written summary.
Step 5: Prepare for the examination by revising the study units and the prescribed parts in
the textbook. By making good summaries during the semester you will benefit at
this stage. Study Tutorial Letter 102 that you receive during the year. You will find
general comments regarding the examination.
Study all the tutorial letters that you receive during the year. You will find guidelines to
answering the questions in Tutorial Letter 201 and in the Announcements.
This is a fully (blended) online module, you will need to use myUnisa to study and complete
the prescribed learning activities. All material and tuition engagements are online. Students
can access study material online via the myUnisa learning management system. Registered
Unisa students with disabilities please refer to section 11 of this Tutorial Letter 101.
By signing the application for registration, a student undertakes, inter alia, to do his or her
examinations online and to provide the necessary equipment for this purpose, that is, a
computer or laptop, including provision of data and internet access. The use of other devices
(cellphone or tablets) for online assessment is discouraged as the university will not be liable
for any challenges experienced with these devices. Students must complete the online
declaration of their work when submitting their assessments.
As part of your study package for this module, you receive this printed document. The
University has decided that all material for online modules should also be made accessible to
students in a printed form that does not require internet access. If you do not access
myUnisa often, you may use the Study Guide as a primary source. Students who regularly
access myUnisa will have the benefit of being able to exchange ideas and to discuss
problems with other students in the discussion forum. The discussion forum for this module
contains a theme or topic for each. This is done to assist you in the development of the
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necessary application skills. It is recommended that these discussions be scrutinised when
the opportunity presents itself.
All submissions of assessments which includes formative and summative assessments are
submitted online using myUnisa learning management system. NO assessments will be
marked if submitted by email.
9. ASSESSMENT
9.1 Assessment criteria
In order to successfully complete this module, you must be able to do the following:
• Identify and analyse legal issues regarding the law on companies, close
corporations, partnerships and business trusts.
• Understand and apply the terms, rules, concepts, established principles and theories.
• Critically analyse and synthetize legal material, including case law.
• Present and communicate information reliably and coherently in professionally
accepted format using basic information technology.
• Understand the basic operations and functions of the various forms of enterprise.
• Identify the main differences, i.e. the distinct advantages and disadvantages
connected to the different forms of South African business enterprise.
You must log into the module site on myUnisa in order to access the following:
• the examination.
Please start working on your assessments as soon as you register for the module.
• There are TWO assignments in this module. Both assignments are compulsory. Both
Assignments 01 and 02 contribute to your year mark.
• All information about when and where to submit your assessments will be made available
to you via the myModules site for your module.
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• If you do not submit either Assignment 01 or Assignment 02 before the relevant date,
your registration will be cancelled, and you will not be admitted to the examination in
MRL2601.
• Due dates for assessments, as well as the actual assessments are available on the
myModules site for this module.
• If you submit Assignments 01 and 02 before or on the due date, the mark that you
obtained will contribute to your year mark, and you will be admitted to the examination
regardless of the marks obtained for the assignments. In other words, if you submitted
Assignments 01 and 02 but obtained 0%, you will nevertheless be admitted to the
examination. Submission of Assignment 02 is very important as this assignment also
contributes to your year mark.
• 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.
• You must obtain at least 40% in the examination before your year mark will be taken into
account. If you obtained 40% or more in the examination and you have a good year
mark, you will have a great advantage over another student who has a year mark of 0%
or a poor year mark.
Elective assignments
The student is given a choice of which assignments within an identified group to submit and
only the best result/s, the number of which is specified in advance, will contribute towards the
year mark.
Elective assignments must be grouped into an elective group.
For the student to select which assignment to submit, the elective assignments must be
grouped together. For such an elective group, relevant information (such as how many of the
assignments must be submitted and how many of the assignment marks should be combined
into the year mark) will be supplied to you.
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:
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• 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 the qualifying items submitted.
Mandatory assessments/assignments
Mandatory assessments/assignments contribute to the year mark.
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 such an
assignment when the final mark for the module is calculated.
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. You must not email your assessment to your lecturer.
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.
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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.
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), as well as for communication from the University.
9.5.1 Invigilation/proctoring
Since 2020, Unisa has conducted all its assessments online. Given the stringent requirements
imposed by professional bodies, as well as increased solicitation of Unisa’s students by third
parties to unlawfully assist them with the completion of assignments and examinations, the
University is obliged to assure the integrity of its assessment integrity by using various
proctoring tools: Turnitin, Moodle Proctoring, the Invigilator App and IRIS. These tools
authenticate the student’s identity and flag suspicious behaviour to assure the credibility of their
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 plagiarism software that facilitates checks for originality in students’ submissions
against internal and external sources. Turnitin assists in identifying academic fraud, the use of
AI and ghostwriting. Students are expected to submit typed responses when using the Turnitin
software.
The Moodle Proctoring tool is facial recognition software that authenticates students’ identities
during their Quiz assessments. This tool requires access to a student’s mobile or laptop
camera. Students must ensure that their cameras are activated in their browser settings prior to
starting their assessments.
The Invigilator is a mobile application-based service that verifies the identity of an assessment
participant. The Invigilator app detects student dishonesty-by-proxy and ensures that the
assessment participant is the student registered for the module concerned. This invigilation tool
requires students to download the app from the Google Play Store (Android devices), the
Huawei AppGallery (Huawei devices) or the Apple App Store (Apple devices) on their camera-
enabled mobile devices prior to their assessment.
The IRIS Invigilation software verifies the identity of a student during assessment and provides
for both manual and automated facial verification. It can record and review a student’s
assessment session and it flags suspicious behaviour by the student for review by an academic
administrator. The IRIS software requires installation on students’ webcam-enabled laptop
devices. IRIS is not used for modules offered by the College of Law.
Students who are identified and flagged for suspicious or dishonest behaviour arising from the
invigilation and proctoring reports will be referred to the disciplinary office for formal
proceedings.
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Please note:
Students must refer to their module assessment information on their myModule sites to
determine which proctoring or invigilation tool will be used for their formative and
summative assessments.
• Copying and pasting from any source without acknowledging that source.
• Not including references or deliberately inserting incorrect bibliographic information.
• Paraphrasing without acknowledging the source of the information.
10.2 Cheating
Cheating includes, but is not limited to, the following:
If you are a student with a disability and would like or need additional time for assessments,
you are invited to contact the university by sending an email to examdisabled@unisa.ac.za, so
that you can be assisted. In your email include the name of the module(s) that you are currently
registered for.
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If you are a student with a disability and would like additional academic support, you are
invited to (include the name and email address of the module leader) to discuss the assistance
that you need.
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 mylife@unisa.ac.za
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.
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.
Answer: Please send an email to assign@unisa.ac.za – NOT the module leader. Include the
reason for the failure to submit as well as all supporting documentation (for example, a letter
from your employer indicating that you were on official duties or a medical certificate attesting to
your incapacity, etc.). Please send your email PRIOR to the assignment’s submission date.
Question: I have not studied for the exam. Can you give me some “tips” or the “scope” about
what to concentrate on and what to leave out?
Answer: We do not give “tips” or “scope”. We inform you clearly at the beginning of each study
unit in the study guide, which study material to study and which parts of the study material you
may omit. We include activities and self-test questions. We emphasise the importance of
studying the cases.
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Question: Where do I find previous question papers?
Answer: Since COVID, question papers used in prior exams are no longer published on the
module sites.
Your final examination timetable will be emailed to you once the admissions programme runs.
You must plan according to the dates published in your ‘final’ examination timetable.
15. IN CLOSING
We trust that you will enjoy studying MRL2601 and that you will find the knowledge you gain in
the process to be of great value. We wish you all the best with your studies.
YOUR LECTURERS
16. ADDENDUM
Additional materials of multilingual glossaries of terms will be added on the ‘Additional
Resouces’ tap on the MyModule site.
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