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 an understanding of procedure in courts and other fora 
SAQA US ID UNIT STANDARD TITLE
119503  Demonstrate an understanding of procedure in courts and other fora 
ORIGINATOR
SGB Legal Education and Training 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 08 - Law, Military Science and Security Justice in Society 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 5  Level TBA: Pre-2009 was L5  20 
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 
The learner who achieves this unit standard will be able to apply a practical understanding of procedures in South African courts and other fora.

The qualifying learner will be able to:
  • Explain the different areas of law and how formal law interacts with other areas of South African law.
  • Identify and apply information from the sources of South African court procedure.
  • Identify the appropriate forum for the resolution of civil and criminal matters.
  • Display a knowledge and understanding of procedure in the relevant forum.
  • Demonstrate knowledge of the laws of evidence in civil and criminal cases. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    The learner accessing this unit standard is assumed to have the ability to:
  • Communicate at NQF level 4
  • Apply numeracy skills at NQF level 4
  • Apply computer skills at NQF level 3 

  • UNIT STANDARD RANGE 
    Range statements are included with specific outcomes as necessary.
    Forum or fora refers to quasi-judicial and non-judicial institutuions established to settle disputes.These may include commissions, ombudmen or any structure established by law or sectoral agreements. 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Explain how formal law interacts with other areas of law within the South African legal framework. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The different areas of law are discussed within the South African legal framework. 
    ASSESSMENT CRITERION RANGE 
    Different areas of law include main categories of law.
     

    ASSESSMENT CRITERION 2 
    The position of formal law is explained within the South African legal framework. 

    ASSESSMENT CRITERION 3 
    The concepts substantive law and formal law are compared. 

    ASSESSMENT CRITERION 4 
    The main objectives of the rules of procedure, and evidence are identified. 

    SPECIFIC OUTCOME 2 
    Apply information from the sources of South African court procedure to a given scenario. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The sources of South African procedure and evidence are listed. 

    ASSESSMENT CRITERION 2 
    The main areas of South African law are discussed in terms of a given scenario. 

    ASSESSMENT CRITERION 3 
    Legal sources and materials of formal law are identified in terms of a given scenario. 

    ASSESSMENT CRITERION 4 
    Material is evaluated to lead to a solution in a given scenario. 

    ASSESSMENT CRITERION 5 
    A solution is determined taking into account influencing factors in terms of a given scenario. 
    ASSESSMENT CRITERION RANGE 
    Influencing factors include legal resources and the interests of the client.
     

    SPECIFIC OUTCOME 3 
    Identify the appropriate forum for the resolution of civil and criminal matters within the South African legal context. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The civil and criminal courts and other fora in South Africa are identified. 

    ASSESSMENT CRITERION 2 
    The participants in the civil and criminal courts and other fora are identified. 

    ASSESSMENT CRITERION 3 
    The concept of locus standi is applied. 

    ASSESSMENT CRITERION 4 
    The concept of jurisdiction is defined. 

    ASSESSMENT CRITERION 5 
    The principles and rules relating to the civil and criminal jurisdiction of the courts and other fora are described. 

    ASSESSMENT CRITERION 6 
    The principles and rules relating to the civil and criminal jurisdiction of the courts and other fora are applied to a given factual situation. 

    ASSESSMENT CRITERION 7 
    The forum to enforce a legal remedy in a given factual situation is selected. 

    SPECIFIC OUTCOME 4 
    Demonstrate knowledge and understanding of the procedure in a selected court or forum. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Procedures are explained in sequence in terms of the selected court or forum. 

    ASSESSMENT CRITERION 2 
    Preparatory activities are explained in sequence in terms of the selected court or forum. 

    ASSESSMENT CRITERION 3 
    The options available to the parties during a given civil and criminal matter are explained with reference to the selected court or forum. 

    ASSESSMENT CRITERION 4 
    The option to be taken in a given civil and criminal matter is determined in terms of influencing factors. 
    ASSESSMENT CRITERION RANGE 
    Influencing factors include the use of the legal authorities and the interests of the client.
     

    ASSESSMENT CRITERION 5 
    Advantages and consequences of the chosen option for a given civil and criminal matter are explained. 

    ASSESSMENT CRITERION 6 
    Precedents in litigation for a given civil and criminal matter are explored. 

    ASSESSMENT CRITERION 7 
    The effect of a judgement or order in a given civil and criminal matter is discussed. 

    ASSESSMENT CRITERION 8 
    Execution of a judgement or order is explained in sequence in terms of a selected court or forum. 

    SPECIFIC OUTCOME 5 
    Demonstrate knowledge of the laws of evidence in civil and criminal cases. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Sources of the South African laws of evidence are listed in terms of civil and criminal cases. 

    ASSESSMENT CRITERION 2 
    Concepts of standard of proof and burden of proof are discussed in terms of civil and criminal cases. 

    ASSESSMENT CRITERION 3 
    Different kinds of evidence are identified. 

    ASSESSMENT CRITERION 4 
    Rules relating to relevance and admissibility of furnishing evidence are fully described in terms of civil and criminal cases. 

    ASSESSMENT CRITERION 5 
    Ways in which proof may be furnished and evidence adduced are described. 

    ASSESSMENT CRITERION 6 
    Rules relating to privilege and sufficiency of evidence are discussed. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
    Moderation must include both internal and external moderation of assessments. Moderation of assessments will be overseen by the relevant ETQA according to the moderation guidelines and agreed ETQA procedures. This unit standard can be internally assessed by assessors of the provider and moderated by a moderator registered by the relevant ETQA. Moderation shall comply with SAQA requirements.

    Anyone assessing a learner or moderating the assessment of a learner against this unit standard must be registered as an assessor with the relevant ETQA. 

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
    The learner will be able to demonstrate an understanding of:
  • Different courts and fora and their jurisdiction.
  • Key legislation on evidence, civil procedure and criminal procedure.
  • Rules of courts and fora.
  • Judgements and their execution.
  • Use of technology for legal research. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identify and solve specified problems in civil or criminal procedure taking into consideration the best interest of the client. 

    UNIT STANDARD CCFO WORKING 
    Work effectively with others as a member of a team, organisation or as a role-player in the legal fraternity. 

    UNIT STANDARD CCFO COLLECTING 
    Collect, analyse, organise and critically evaluate information necessary for resolving issues related to procedure or evidence. 

    UNIT STANDARD CCFO COMMUNICATING 
  • Communicate effectively in writing and orally to explain options available to parties in civil or criminal cases.
  • Discuss the formal law in relation to other related legal and social systems. 

  • UNIT STANDARD CCFO SCIENCE 
    Use technology effectively and responsibly. 

    UNIT STANDARD CCFO DEMONSTRATING 
  • Demonstrate an awareness of the learner's responsibility as a role-player within the legal system and participate as responsible citizens in the life of local, national and global communities.
  • Demonstrate an awareness of the learner's role in generating cultural sensitivity within the legal system. 

  • UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

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

    UNIT STANDARD NOTES 
    N/A 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Core  97228   National Certificate: Paralegal Practice  Level 5  NQF Level 05  Reregistered  2021-06-30  As per Learning Programmes recorded against this Qual 
    Core  50023   National Diploma: Legal Interpreting  Level 5  NQF Level 05  Reregistered  2023-06-30  SAS SETA 
    Core  49598   National Diploma: Paralegal Practice  Level 5  NQF Level 05  Reregistered  2023-06-30  SAS SETA 
    Core  90657   National Certificate: Prosecuting  Not Applicable  NQF Level 05  Reregistered  2023-06-30  SAS SETA 


    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. 2000 SIMUNYE SECURITY TRAINING ACADEMY 
    2. ADVANCED RISK SOLUTIONS 10000 (PTY) LTD 
    3. AFRIC POLICING INSTITUTE 
    4. ARKE LEGAL ADVISORS 
    5. BATES COLLEGE OF TECHNOLOGY POLOKWANE 
    6. BOSTON ADMINISTRATION SERVICES BELLVILLE 
    7. BOSTON ADMINISTRATION SERVICES BENONI 
    8. BOSTON ADMINISTRATION SERVICES BLOEMFONTEIN 
    9. BOSTON ADMINISTRATION SERVICES BRAAMFONTEIN 
    10. BOSTON ADMINISTRATION SERVICES GERMISTON 
    11. BOSTON ADMINISTRATION SERVICES KEMPTON PARK 
    12. BOSTON ADMINISTRATION SERVICES KIMBERLEY 
    13. BOSTON ADMINISTRATION SERVICES KRUGERSDORP 
    14. BOSTON ADMINISTRATION SERVICES ORANGE GROVE 
    15. BOSTON ADMINISTRATION SERVICES POLOKWANE 
    16. BOSTON ADMINISTRATION SERVICES PRETORIA 
    17. BOSTON ADMINISTRATION SERVICES RICHARDS BAY 
    18. BOSTON ADMINISTRATION SERVICES ROODEPOORT 
    19. BOSTON ADMINISTRATION SERVICES SOMERSET WEST 
    20. BOSTON ADMINISTRATION SERVICES STANGER 
    21. BOSTON ADMINISTRATION SERVICES WELKOM 
    22. BOSTON ADMINISTRATION SERVICES WITBANK 
    23. Boston City Campus and Business College (PTY) Ltd 
    24. CAPRICON TVET COLLEGE 
    25. CENTRE FOR COMMUNITY JUSTICE AND DEVELOPMENT 
    26. E E L PROTECTION SERVICES 
    27. ELASON PRO-ACTIVE SECURITY (PTY) LTD 
    28. GOBELA CONSULTING 
    29. HILLCROSS BUSINESS COLLEGEPTY LTD 
    30. HJN TRAINING CC Pretoria 
    31. IN TOTO LEGAL AND CORPORATE SERVICES 
    32. JUSTICE COLLEGE 
    33. LEGAL EAGLES ACADEMY 
    34. Legal Expenses Insurance SA 
    35. MAS SAFE SECURITY CC 
    36. NETWORK FOR CAREER DEVELOPMENT 
    37. NKANGALA TRAINING CENTRE 
    38. NKANGALA TVET COLLEGE 
    39. OXY TRADING 735 CC 
    40. PHALAPHALA MANAGEMENT CONSULTING CC 
    41. RAMAZWI SECURITY SERVICES CC 
    42. SHEMULA TRADING ENTERPRISE 
    43. SIYANQOBA SEMINARS PTY LTD 
    44. SKIMOZ (PTY) LTD 
    45. SNAP SOLUTIONS NETWX PTY LTD 
    46. SOUTH AFRICAN LAW SCHOOL 
    47. THATHA ARTS 
    48. VISHAL JUNKEEPARSAD AND COMPANY INC 
    49. W Z EVENTS AND PROJECTS MANAGEMENT 



    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.