SAQA All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.
SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Demonstrate the basic legal principles applied to shipping 
SAQA US ID UNIT STANDARD TITLE
117667  Demonstrate the basic legal principles applied to shipping 
ORIGINATOR
SGB Transport and Logistics Operations 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 11 - Services Transport, Operations and Logistics 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 4  NQF Level 04 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Reregistered  2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2024-06-30   2027-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
A Learner competent against this unit standard will know and demonstrate an understanding of the basic legalities normally associated with the shipping industry, and the impact that these legal requirements have on the ships agency environment. 

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
The credit calculation is based on the assumption that learners are already competent in terms of the following unit standards or areas of learning when starting to learn towards this unit standard:
  • Understand the basics of Local and International Trade
  • Understand and Apply Maritime Geography 

  • UNIT STANDARD RANGE 
    The scope of this Unit Standard is for any person working in the ships agency environment where knowledge and application of the law in relation to shipping needs to be applied.

    The context of this Unit Standard refers to the knowledge components, aspects and practices of the legal terminology and practice encountered within the ships agency in South Africa.
    The level assigned to this Unit Standard is appropriate because a wide range of knowledge and cognitive skills is applied. The range includes innovative responses to concrete but sometimes unfamiliar problems within the shipping environment using basic analytical interpretation of information 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Demonstrate knowledge of basic general legal principles relevant for the shipping fraternity. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The Statutes of Limitations, time bars and their impact in shipping business are explained. 

    ASSESSMENT CRITERION 2 
    The difference between civil and criminal courts, their structure, methods of appeal and choice of forum are explained. 

    ASSESSMENT CRITERION 3 
    The difference between arbitration and litigation can be explained. 

    ASSESSMENT CRITERION 4 
    The role of arbitration in dispute resolution is explained. 

    ASSESSMENT CRITERION 5 
    The different services provided by maritime arbitrators, including short form arbitration and mediation are known, and can be explained. 

    SPECIFIC OUTCOME 2 
    Demonstrate knowledge of the basics of the Law of Contract. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The key principles of the law of contract are demonstrated in a contract. 
    ASSESSMENT CRITERION RANGE 
    Essential ingredients of offer, acceptance, consideration, legality, how and when a contract comes into existence, how a contract may be broken, circumstances under which a contract may be voided and how force majeur may prevent its performance.
     

    ASSESSMENT CRITERION 2 
    The way in which losses may be recovered, is explained and steps taken to recover aforesaid losses is demonstrated. 

    SPECIFIC OUTCOME 3 
    Demonstrate knowledge of the basics of the Law of Agency. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The way in which agency may be created is explained. 

    ASSESSMENT CRITERION 2 
    The differences between general agency, specific agency and agents of necessity is explained. 

    ASSESSMENT CRITERION 3 
    The duties and rights of an agent or broker under each type of agency can be provided. 

    ASSESSMENT CRITERION 4 
    The consequences of breach of warranty of authority is explained. 

    ASSESSMENT CRITERION 5 
    The procedures for terminating an agency can be demonstrated and explained. 

    SPECIFIC OUTCOME 4 
    Demonstrate knowledge of the basics of the law of Tort (Delict). 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The nature and scope of the law of tort is explained. 

    ASSESSMENT CRITERION 2 
    Specific situations related to shipping within the law of tort are identified and explained. 
    ASSESSMENT CRITERION RANGE 
    Failure of duty of care, Negligence, Contributory negligence, Misrepresentation and Vicarious liability outside the contractual situation.
     

    ASSESSMENT CRITERION 3 
    The torts of conversion, including delivery of cargo to the wrong party and torts of defamation are explained. 

    ASSESSMENT CRITERION 4 
    The difference between libel and slander is explained. 

    ASSESSMENT CRITERION 5 
    The remedy against persons that commit torts and the limitations of compensation that may be obtained. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
    1. Any institution offering learning that will enable achievement of this unit standard must be accredited by the Transport SETA and/or relevant ETQA.
    2. Moderation of assessment will be overseen by the relevant ETQA at its discretion.

    3. Moderation should encompass achievement of competence described in both individual unit standards as well as the integrated competence described in the qualification. 

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
    Essential embedded knowledge will be assessed through assessment of the Specific outcomes in terms of the stipulated Assessment criteria. Candidates are unlikely to achieve all the Specific outcomes, to the standards described in the Assessment criteria, without knowledge of the listed embedded knowledge. This means that for the most part, the possession or lack of the knowledge can be directly inferred from the quality of the candidate's performance. Where direct assessment of knowledge is required, Assessment criteria have been included in the body of the unit standard.

    The following embedded knowledge is addressed in an integrated way in the unit standard:
    1. The principles of the law of contract, tort and agency
    2. The possible impacts of breach of contract
    3. The authority of an agent in concluding contracts with 3rd parties on behalf of the principal
    4. The main arbitration centres (e.g. London, New York and Paris) and their respective maritime arbitration associations are known.
    5. The difference between express and implied authority, and the legal implications there-of.
    6. The responsibilities of the principal to the agent (e.g. the agent's right to remuneration and the procedures to ensure payment.)
    7. The concept of "General Average".
    8. The voluntary nature of the actual sacrifice being fundamental to the declaration of General Average.
    9. The manner in which all parties involved are obliged to contribute to losses suffered by any of the parties
    10. How international conventions are agreed and the process of ratification, their coming into force and incorporation into national legal systems.
    11. The impact on day-to-day shipping business of international conventions.
  • SOLAS. (Range: Safety construction, Fire protection and prevention, Safety equipment and life-saving appliances, Radio communication, Safety of navigation, Carriage of goods (IMDG Code), Safety management (ISM Code).
  • MARPOL. (Range: Prevention of operational pollution, Prevention of oil cargo pollution, Limitation of pollution following an incident.)
  • STCW. (Range: Standards of Training, Certification and Watch-keeping.)
  • Port State Control Convention.
  • International Convention of Arrest of Sea-going Vessels.
  • Hague, Hague/Visby and Hamburg Rules, as covered in the Law of Carriage of Goods Unit Standard. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identify and solve problems in which responses display that responsible decisions using critical and creative thinking have been made in regard to application and interpretation of legal issues 

    UNIT STANDARD CCFO WORKING 
    Work effectively with others as a member of the team responsible for satisfying the customer through accurate and timeous resolution of problems and issues associated with legal issues 

    UNIT STANDARD CCFO COLLECTING 
    Collect, analyse, organise and critically evaluate information concerning application and interpretation of legal issues 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively using visual, mathematical and/or language skills - orally or written - with all parties involved in the application and interpretation of legal issues 

    UNIT STANDARD ASSESSOR CRITERIA 
    Assessors should keep the following principles in mind when designing and conducting assessments against this unit standard:
  • Focus the assessment activities on gathering evidence in terms of the main outcome expressed in the title to ensure assessment is integrated rather than fragmented. Remember we want to declare the person competent in terms of the title. Where assessment at title level is unmanageable, then focus assessment around each Specific outcome, or groups of Specific outcomes.
  • Make sure evidence is gathered across the entire range, wherever it applies. Assessment activities should be as close to the real performance as possible, and where simulations or role-plays are used, there should be supporting evidence to show the candidate is able to perform in the real situation.
  • Do not focus the assessment activities on each assessment criterion. Rather make sure the assessment activities focus on outcomes and are sufficient to enable evidence to be gathered around all the Assessment criteria.
  • The Assessment criteria provide the specifications against which assessment judgments should be made. In most cases, knowledge can be inferred from the quality of the performances, but in other cases, knowledge and understanding will have to be tested through questioning techniques. Where this is required, there will be Assessment criteria to specify the standard required.
  • The task of the assessor is to gather sufficient evidence, of the prescribed type and quality, as specified in this unit standard, that the candidate can achieve the outcomes again and again and again. This means assessors will have to judge how many repeat performances are required before they believe the performance is reproducible.
  • All assessments should be conducted in line with the following well documented principles of assessment: appropriateness, fairness, manageability, integration into work or learning, validity, direct, authentic, sufficient, systematic, open and consistent. 

  • REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    UNIT STANDARD NOTES 
    Accreditation process (including moderation):
    Methods and tools of assessment:
    The following methods of assessment have been identified as the preferred measurement and assessment of learner competence in the above-mentioned Assessment Criteria

    1. Oral assessment methods (e.g. presentations)
    2. Written assessments/case studies/projects
    3. A portfolio of evidence - valid, reliable and authentic evidence from past achievements and experience may serve to supplement the assessment of applied competence.

    These methods must be carefully selected based on the purpose of the assessment (For example, the written method could be used to assess knowledge or on-job demonstration for practical competence). The assessment must integrate a number of different methods (no less than two of those detailed above) in order to give the assessor reliable and valid proof of competence and evidence of required attitudes

    The following tools may be used to supplement the above minimum assessment methods:

    Valid, reliable and authentic evidence (presented as a portfolio of evidence) from past achievements and experience may serve to supplement the assessment of applied competence. The portfolio should include inter alia:

    1. Written statements from persons (e.g. current and/or previous employer, colleague, peer, manager, external customers) confirming competence of the learner
    2. Relevant certificates or awards
    3. Previous assessment records
    4. Journals/logbook

    Conducting assessments:
    1. Anyone assessing a learner against this unit standard must be registered as an assessor with the relevant ETQA and be familiar with the full text and subject matter content of the Unit Standard being assessed.
    2. The assessor must ensure that the assessment covers the specific outcomes, critical cross-field outcomes and essential embedded knowledge.

    Additional Notes
    In presentation of this Unit Standard, the training approach should be proportioned as follows:

    1. Theory: 70%
    2. Tutorial: 30% 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Core  59298   Further Education and Training Certificate: Freight Forwarding and Customs Compliance  Level 4  NQF Level 04  Reregistered  2023-06-30  TETA 
    Core  49155   Further Education and Training Certificate: Shipping  Level 4  NQF Level 04  Reregistered  2023-06-30  TETA 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    1. Aldabri 106 Institute for Quality Pty Ltd 
    2. BPL Academy 
    3. Global Maritime Legal Solutions Pty Ltd 
    4. Learning Exchange Pty (Ltd) 
    5. Metro Minds 
    6. P and R Development and Training (Pty) Ltd 
    7. Robertsons Cargo Consultancy (Pty) Ltd 
    8. SA Maritime School and Transport College 
    9. School of Shipping 



    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.