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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD THAT HAS PASSED THE END DATE: 

Demonstrate understanding of the children's court system in South Africa 
SAQA US ID UNIT STANDARD TITLE
123210  Demonstrate understanding of the children's court system in South Africa 
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  5 
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 
This unit standard will enable court based learners to gain knowledge of the basic legal concepts governing children's court matters and to contribute to the protection and care of children through the court system in South Africa.

Learners credited with this unit standard will be able to:
  • Demonstrate an understanding of children's court processes.
  • Demonstrate familiarity with the provisions of the Child Care Act.
  • Analyse key concepts relating to child care and protection.
  • Analyse in parental rights and responsibilities in children's court matters. 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Communication skills NQF Level 4. 

    UNIT STANDARD RANGE 
    In this unit standard, the children's court system refers to the services administered by lower courts in South Africa in terms of the Child Care Act no 74 of 1983. 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Demonstrate an understanding of children's court processes. 
    OUTCOME RANGE 
    The children's court processes to be covered are contained in chapters 2, 3 and 4 of the Child Care Act no 74 of 1983. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Services provided by children's courts are described in the context of the Child Care Act. 
    ASSESSMENT CRITERION RANGE 
    Children's court services must include adoptions and placements into residential and alternative care.
     

    ASSESSMENT CRITERION 2 
    Child-related matters that are dealt with by other courts rather than the children's court are identified in the context of South African law. 
    ASSESSMENT CRITERION RANGE 
    Other courts must include maintenance courts, domestic violence courts, divorce courts, and criminal courts dealing with juvenile justice.
     

    ASSESSMENT CRITERION 3 
    Procedures governing adoptions of children are described in the context of the children's court. 

    ASSESSMENT CRITERION 4 
    Procedures governing the alternative care of children are described in the context of the children's court. 

    ASSESSMENT CRITERION 5 
    Role players in children's court matters are identified in order to determine their various roles and responsibilities. 
    ASSESSMENT CRITERION RANGE 
    Role players to be covered are those of magistrates, children's court clerks, social workers, and police officers.
     

    SPECIFIC OUTCOME 2 
    Demonstrate familiarity with the provisions of the Child Care Act. 
    OUTCOME RANGE 
    The provisions to be covered are contained in Chapters 2, 3, 4, 5 and 6 of the Child Care Act no 74 of 1983. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Duties and powers of the children's court are explained in the context of the Child Care Act. 

    ASSESSMENT CRITERION 2 
    Prescribed tasks of clerks of the children's court are described in order to inform court users. 

    ASSESSMENT CRITERION 3 
    Court rules and procedures that apply to children's court enquiries are described in the context of the Child Care Act. 

    ASSESSMENT CRITERION 4 
    Social services for children are explained in the context of the Child Care Act. 

    SPECIFIC OUTCOME 3 
    Analyse key concepts relating to child care and protection. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The legal effect of adoption on the status of the child is analysed in the context of South African law. 

    ASSESSMENT CRITERION 2 
    Categories of children needing care and protection are evaluated in order to determine the need for a children's court enquiry in the context of a given case study. 
    ASSESSMENT CRITERION RANGE 
    Categories of children needing care and protection are covered in section 14.4 of the Child Care Act no 74 of 1983.
     

    ASSESSMENT CRITERION 3 
    The difference between parental, residential and alternative care for children is examined in the context of their benefits. 

    ASSESSMENT CRITERION 4 
    Alternative care arrangements that are available to children are examined in the context of the placement of children by the court. 
    ASSESSMENT CRITERION RANGE 
    Alternative care arrangements must include places of safety, secure care facilities, schools of industries, children's homes and places of care.
     

    ASSESSMENT CRITERION 5 
    The concept of restorative justice in children's matters is analysed in the context of a given case study. 
    ASSESSMENT CRITERION RANGE 
    Restorative justice must include general principles, applicability to childcare matters and potential use of family group conferencing.
     

    SPECIFIC OUTCOME 4 
    Analyse parental rights and responsibilities in children's court matters. 
    OUTCOME RANGE 
    The common law parental rights and responsibilities must be considered against Chapter 4 and section 53 of the Child Care Act 74 of 1983. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Parental rights and responsibilities are analysed in the context of South African common law. 
    ASSESSMENT CRITERION RANGE 
    Parental rights and responsibilities must include parental authority, guardianship, custody, and access.
     

    ASSESSMENT CRITERION 2 
    Rights which are given specifically to children by the Bill of Rights are analysed in the context of children's court matters. 
    ASSESSMENT CRITERION RANGE 
    The children's rights are contained in section 28 of the Bill of Rights.
     

    ASSESSMENT CRITERION 3 
    Provisions dealing with parental rights and responsibilities are explained in the context of the Child Care Act. 

    ASSESSMENT CRITERION 4 
    Protection and enforcement of parental rights and responsibilities are analysed with reference to the children's court system. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • An individual wishing to be assessed (including through RPL) against this Unit Standard may apply to an assessment agency, assessor or provider institution accredited by the relevant ETQA, or an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Anyone assessing a learner against this Unit Standard must be registered as an assessor with the relevant ETQA or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Any institution offering learning that will enable achievement of this Unit Standard or assessing this Unit Standard must be accredited as a provider with the relevant ETQA or with an ETQA that has a Memorandum of Understanding with the relevant ETQA
  • Moderation of assessment will be conducted by the relevant ETQA at its discretion. 
    		•

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • Procedures followed in children's court enquiries.
  • The provisions of the Child Care Act no 74 of 1983.
  • key concepts pertaining to child care and protection.
  • Parental rights and responsibilities in children's court matters. 
    		•

    UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Learners have acquired the generic ability to analyse children's court matters and to assist people in problem situations as well as external service providers to identify a legal course of action. 

    UNIT STANDARD CCFO WORKING 
    Learners have acquired the generic ability to understand and fulfil their role as part of an inter-sectoral service delivery team dealing with children in need of care and protection. 

    UNIT STANDARD CCFO ORGANISING 
    Learners have acquired the generic ability to organise and manage the administrative duties placed on them by the children's court. 

    UNIT STANDARD CCFO COLLECTING 
    Learners have acquired the generic ability to collect and analyse information about children's court matters and to facilitate an accurate diagnosis of necessary steps to be taken. 

    UNIT STANDARD CCFO COMMUNICATING 
    Learners have acquired the generic ability to explain legal terms, concepts and procedures to members of the public and to service providers with children's court queries and problems. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Learners have acquired the generic ability to understand the delivery of children's court services as part of a larger justice system and legal framework of knowledge. 

    UNIT STANDARD CCFO CONTRIBUTING 
    Learners have acquired the generic ability to analyse and interpret legal concepts to enrich their own knowledge base and to contribute to a more informed and accessible children's court system in South Africa. 

    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 
    Terminology:
  • For the purposes of this unit standard, 'court-based family law practice' and 'family law-related matters' are understood to include the legal areas of maintenance, domestic violence, divorce and children's court matters at a lower court level.
  • For the purposes of this unit standard, 'court based staff' and 'court based learners' are understood to refer to administrative clerks working in the area of children's court at a lower court level. 
    		•

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Fundamental  50265   National Certificate: Family Law Practice  Level 5  Level TBA: Pre-2009 was L5  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. Department Of Justice (head Office) 


    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.