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 THAT HAS PASSED THE END DATE: 

Demonstrate an understanding of South African law and the legal system with specific emphasis on Paralegalism 
SAQA US ID UNIT STANDARD TITLE
119508  Demonstrate an understanding of South African law and the legal system with specific emphasis on Paralegalism 
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  15 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Passed the End Date -
Status was "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 understand South African law and the legal system with specific emphasis on Paralegalism.

The qualifying learner will be able to:
  • Explain how law in general and South African Law in particular evolved.
  • Explain the different divisions of law.
  • Explain the nature of the sources of South African law.
  • Display a knowledge and understanding of the hierarchy, composition and function of the courts in South Africa.
  • Explain the concept of judicial precedent as a source of law and apply it to the South African court structure
  • Discuss legal philosophy and its impact on the South African legal system and the practitioner.
  • Discuss the history and role of paralegals in the South African legal system. 
    		•

    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. 
    		•

    UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Explain how law in general and South African Law in particular evolved. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The historical development and role of law in general is discussed with a specific focus on the history of South African law. 

    ASSESSMENT CRITERION 2 
    Apartheid law and the changes to law since 1994 are explained. 

    ASSESSMENT CRITERION 3 
    The interaction of South African law with Roman Dutch Law, common law, customary law and constitutional law is discussed. 

    SPECIFIC OUTCOME 2 
    Explain the different divisions of law. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The area of law described under the term private law and how it interacts with other divisions of law is discussed. 

    ASSESSMENT CRITERION 2 
    The area of law described under the term public law and how it interacts with other divisions of law is discussed. 

    ASSESSMENT CRITERION 3 
    The main areas of South African law are described. 

    ASSESSMENT CRITERION 4 
    The main areas of South African law are contrasted. 

    SPECIFIC OUTCOME 3 
    Explain the nature of the sources of South African law. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The sources of South African law are listed. 

    ASSESSMENT CRITERION 2 
    The different sources of South African law are discussed. 

    ASSESSMENT CRITERION 3 
    The interaction of the Constitution with the other sources of South African law is described. 

    ASSESSMENT CRITERION 4 
    The nature and the authority of the different sources of South African law is discussed. 

    ASSESSMENT CRITERION 5 
    The nature and the authority of the different sources of South African law are contrasted. 

    ASSESSMENT CRITERION 6 
    The development or origins of the different types of sources of South African law is described. 

    SPECIFIC OUTCOME 4 
    Display a knowledge and understanding of the hierarchy, composition and function of the courts in South Africa. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The structure and the hierarchy of the ordinary courts in South Africa is described. 

    ASSESSMENT CRITERION 2 
    The composition and the function of the ordinary courts in South Africa is outlined. 

    ASSESSMENT CRITERION 3 
    The composition and the function of the Constitutional court is described. 

    ASSESSMENT CRITERION 4 
    The composition and function of selected special superior and lower courts is described. 
    ASSESSMENT CRITERION RANGE 
    Special superior courts include Labour courts, Divorce courts and Land claims courts. Special lower courts include the Small claims courts, Equality courts and Community courts.
     

    ASSESSMENT CRITERION 5 
    The appropriate court to which different types of matters should be taken is identified. 

    SPECIFIC OUTCOME 5 
    Explain the concept of judicial precedent as a source of law and apply it to the South African court structure. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The reasons for having the precedent system and the requirements for the operation of the precedent system are appraised. 

    ASSESSMENT CRITERION 2 
    Judicial precedent as a source of law is described. 

    ASSESSMENT CRITERION 3 
    Judicial precedent as a source of law is contrasted with other sources of law such as legislation. 

    ASSESSMENT CRITERION 4 
    A detailed diagram illustrating the operation of the precedent system in the South African court system is constructed. 

    ASSESSMENT CRITERION 5 
    The concepts ratio decidendi and obiter dicta are defined and distinguished. 

    SPECIFIC OUTCOME 6 
    Discuss legal philosophy and its impact on the South African legal system and the practitioner. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The theory and thinking of specified legal philosophers is discussed. 

    ASSESSMENT CRITERION 2 
    The importance of professional ethics and its practical application is explained. 

    ASSESSMENT CRITERION 3 
    The role of the South African legal system within the broader political and constitutional system is explained. 

    ASSESSMENT CRITERION 4 
    The divisions within the South African legal fraternity are described. 

    SPECIFIC OUTCOME 7 
    Discuss the history and role of paralegals in the South African legal system. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The development of paralegalism in South Africa is described. 

    ASSESSMENT CRITERION 2 
    The different types of paralegals functioning in South Africa are described. 

    ASSESSMENT CRITERION 3 
    The role of the different paralegals in the legal fraternity is discussed. 

    ASSESSMENT CRITERION 4 
    The regulation of paralegal and legal practitioners is explained. 

    ASSESSMENT CRITERION 5 
    International developments in paralegalism are described. 


    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 a foundational understanding of:
  • The nature and functioning of legal organisations and the legal system.
  • Legal philosophy.
  • Ethical and professional conduct.
  • Values such as fairness, justice, accountability. 
    		•

    UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identify and allocate problems in terms of divisions of law and legal philosophy. 

    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 COMMUNICATING 
  • Communicate effectively in writing and orally to explain the South African legal system and their role in it.
  • Discuss the legal system in relation to other related systems like the political and historical. 
    		•

    UNIT STANDARD CCFO DEMONSTRATING 
  • Demonstrate personal development in terms of embracing professional and ethical values and practices.
  • 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  Passed the End Date -
    Status was "Reregistered"     		 2023-06-30  As per Learning Programmes recorded against this Qual 
    Core  49598   National Diploma: Paralegal Practice  Level 5  NQF Level 05  Passed the End Date -
    Status was "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. ABBA THEKGA CONSULTING 
    2. ADVANCED RISK SOLUTIONS 10000 (PTY) LTD 
    3. AFRIC POLICING INSTITUTE 
    4. ARKE LEGAL ADVISORS 
    5. BITLINE SA 368 CC 
    6. BROOKLYN CITY COLLEGE (PTY) LTD - PRETORIA 
    7. Chithi Holdings 
    8. COLLINS SEBOLA FINANCIAL SERVICES (PTY) 
    9. CRANE INTERNATIONAL ACADEMY DURBAN 
    10. CRANE INTERNATIONAL ACADEMY MIDDLEBURG 
    11. CRANE INTERNATIONAL BURGERSFORT 
    12. CRANE SKILLS TRAINING ACDEMY INTERNATIONAL 
    13. Department Of Justice (head Office) 
    14. E E L PROTECTION SERVICES 
    15. ELASON PRO-ACTIVE SECURITY (PTY) LTD 
    16. ENGIE SECURITY SERVICES TRAINING AND DEVELOPMENT CENTRE PTY LTD 
    17. GREEN MARKET SQUARE T/A SA LAW SCHOOL PRETORIA 
    18. HILLCROSS BUSINESS COLLEGEPTY LTD 
    19. HJN POLOKWANE BRANCH PTY LTD 
    20. HJN PROTORIA BRANCH 02 
    21. HJN TRAINING CC 
    22. Ikhwezi Training Institute (Pty) Ltd 
    23. JEPPE COLLEGE OF COMMERCE AND COMPUTER 
    24. Legaelamatlo Development and Projects 
    25. LUCENT EDUCATION PTY LTD 
    26. MANDULO FOUNDATION 
    27. MAS SAFE SECURITY CC 
    28. MIDRAND TRAINING ACADEMY PTY LTD 
    29. MY KIDS EMPIRE INVESTMENTS AND PROJECTS 
    30. N MAHARAJ ATTORNEYS 
    31. NETWORK FOR CAREER DEVELOPMENT 
    32. OXY TRADING 735 CC 
    33. QUBELISA MTIYA SKILLS DEVELOPMENT ACADEMY (PTY) LTD 
    34. RAMAZWI SECURITY SERVICES CC 
    35. Redefined Skills Training & Development (Pty) Ltd 
    36. RI A LINDA SECURITY SOLUTIONS 
    37. SA PROTECTION AND SECURITY UNIT (PTY) LTD 
    38. SDC Security and Safety Pty Ltd 
    39. SHAMARIAH SECURITY AND TRAINING 
    40. SIYANIVIKELA SECURITY SERVICES 
    41. SOUTH AFRICAN LAW SCHOOL 
    42. SOUTH AFRICAN LAW SCHOOL RANDBURG 
    43. UNLOCK INNOVATIONS (PTY) LTD 
    44. VISHAL JUNKEEPARSAD AND COMPANY INC 


    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.