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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Conduct breach of protection order trials 
SAQA US ID UNIT STANDARD TITLE
123214  Conduct breach of protection order trials 
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 6  Level TBA: Pre-2009 was L6 
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 
This unit standard will enable court-based learners to gain knowledge and skills to conduct domestic violence trials, protect vulnerable individuals and improve the quality of the justice system to deal with domestic violence matters.

Learners credited with this unit standard will be able to:
  • Prepare people to give evidence in domestic violence trials.
  • Demonstrate knowledge of conflict management in domestic violence trials.
  • Evaluate principles of case analysis in domestic violence trials.
  • Analyse different sentencing options in domestic violence trials. 

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

    UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Prepare people to give evidence in domestic violence trials. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Knowledge of the developmental stages of witnesses is utilised in the context of domestic violence trials. 
    ASSESSMENT CRITERION RANGE 
    The developmental stages must include toddlers, pre-scholars, middle childhood, preteens, teenagers and adults.
     

    ASSESSMENT CRITERION 2 
    Underlying aspects of trauma suffered by people are evaluated in the context of domestic violence matters. 

    ASSESSMENT CRITERION 3 
    Methods to prepare traumatised witnesses for trial are demonstrated by means of role play. 
    ASSESSMENT CRITERION RANGE 
    Methods must include pre-interviewing preparation, engagement, creating trust, review of statements, preparing for cross-examination, testing the witness, practising, familiarising with court environment and ending.
     

    ASSESSMENT CRITERION 4 
    Traumatised victims are reassured and put at ease before giving court testimony by means of role play. 

    SPECIFIC OUTCOME 2 
    Demonstrate knowledge of conflict management in domestic violence trials. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Types of conflict are appraised in order to inform domestic violence trials. 
    ASSESSMENT CRITERION RANGE 
    Types of conflict must include relationship conflicts, data conflicts, value conflicts, structural conflicts and interest conflicts.
     

    ASSESSMENT CRITERION 2 
    Classifications of conflict is examined in order to inform domestic violence trials. 
    ASSESSMENT CRITERION RANGE 
    Classifications of conflict must include intra-personal conflict, inter-personal conflict, intra-group conflict and inter-group conflict.
     

    ASSESSMENT CRITERION 3 
    The consequences of conflict for traumatised witnesses are analysed in the context of domestic violence. 
    ASSESSMENT CRITERION RANGE 
    Consequences of conflict must include both positive and negative outcomes.
     

    ASSESSMENT CRITERION 4 
    Forms of conflict management and conflict resolution in domestic violence matters is demonstrated by means of role play. 
    ASSESSMENT CRITERION RANGE 
    Forms of conflict management must include negotiation, mediation, facilitation, joint problem-solving and litigation.
     

    ASSESSMENT CRITERION 5 
    Conflict management processes are analysed in domestic conflicts in the context of a given case study. 

    SPECIFIC OUTCOME 3 
    Evaluate principles of case analysis in domestic violence trials. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Utility of case analysis is examined in the context of domestic violence prosecutions. 

    ASSESSMENT CRITERION 2 
    Knowledge of different case analysis methods is evaluated in the context of domestic violence matters. 
    ASSESSMENT CRITERION RANGE 
    Case analysis methods must include the collection of relevant information, evaluation of facts, decisions to prosecute, development of prosecution plans and preparation of court checklists.
     

    ASSESSMENT CRITERION 3 
    Principles of case analysis are applied in domestic violence matters in a given case study. 

    SPECIFIC OUTCOME 4 
    Analyse different sentencing options in domestic violence trials. 
    OUTCOME RANGE 
    The sentencing options are contained in section 17 of the Domestic Violence Act no 116 of 1998. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Knowledge of the applicable sentencing provisions is analysed in the context of domestic violence trials. 

    ASSESSMENT CRITERION 2 
    Factual domestic violence matters are analysed in order to identify applicable sentences in the context of a given case study. 

    ASSESSMENT CRITERION 3 
    Expert witnesses to support arguments in aggravation of sentencing are identified in the context of a given case study. 

    ASSESSMENT CRITERION 4 
    Arguments for sentencing are delivered by means of role play. 


    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 
  • Methods to prepare witnesses for domestic violence trials.
  • Conflict management in domestic violence matters.
  • Case analysis in domestic violence matters.
  • Sentencing options in domestic violence trials. 

  • 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 diagnose complex domestic violence matters and to conduct sophisticated prosecutions in domestic violence trials. 

    UNIT STANDARD CCFO WORKING 
    Learners have acquired the generic ability to act as a resource to members of the court based service delivery team dealing with complex domestic violence matters. 

    UNIT STANDARD CCFO ORGANISING 
    Learners have acquired the generic ability to assist courts in domestic violence trials by gathering and preparing witnesses to deliver accurate and effective testimony. 

    UNIT STANDARD CCFO COLLECTING 
    Learners have acquired the generic ability to identify and analyse information in domestic violence matters and to implement courses of action leading to more efficient and effective prosecution. 

    UNIT STANDARD CCFO COMMUNICATING 
    Learners have acquired the generic ability to explain to court users the nature of domestic violence trials and what will be expected of them in formal court hearings. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Learners have acquired the generic ability to understand the role of the domestic violence court as part of the larger family law system and its use in resolving disputes between people. 

    UNIT STANDARD CCFO CONTRIBUTING 
    Learners have acquired the generic ability to use advanced skills in domestic violence matters to contribute to a more empathetic and efficient domestic violence 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. 

  • QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Elective  50265   National Certificate: Family Law Practice  Level 5  Level TBA: Pre-2009 was L5  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. CAPRICON TVET COLLEGE 
    2. JUSTICE COLLEGE 
    3. 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.