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 understanding of the maintenance court system in South Africa 
SAQA US ID UNIT STANDARD TITLE
123215  Demonstrate understanding of the maintenance 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 
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 of the basic legal concepts and rules that govern their work in maintenance matters and to communicate these concepts to members of the public, thereby contributing to the more effective resolution of maintenance matters through the court system in South Africa.

Learners credited with this unit standard will be able to:
  • Demonstrate knowledge of the structure and position of maintenance courts in South Africa.
  • Apply the provisions of the Maintenance Act.
  • Examine the concept of the duty of support in maintenance matters.
  • Examine the concept of reasonable financial needs in maintenance.
  • Analyse the concept of maintenance enforcement through the courts.
  • Demonstrate an understanding of the role of criminal prosecution in maintenance matters. 

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

    UNIT STANDARD RANGE 
    In this unit standard, the maintenance court system refers to the parental maintenance system administered by lower courts throughout South Africa in terms of the Maintenance Act no.99 of 1998. 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Demonstrate knowledge of the structure and position of maintenance courts in South Africa. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Courts that may hear maintenance matters in South Africa are identified within the overall hierarchy of courts. 

    ASSESSMENT CRITERION 2 
    Roles and competencies of lower and higher courts are explained in the context of maintenance matters. 

    ASSESSMENT CRITERION 3 
    The maintenance court structure is explained as established by the Maintenance Act. 

    SPECIFIC OUTCOME 2 
    Apply the provisions of the Maintenance Act. 
    OUTCOME RANGE 
    The provisions to be covered must include those contained in chapters 2, 3, 4, 5 and 6 of the Maintenance Act No.99 of 1998. Applying the provisions of the Act in this specific outcome involves applying the knowledge derived from the provisions to factual cases and drawing conclusions. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Powers and roles of maintenance officers and maintenance investigators are analysed in order to distinguish between them. 

    ASSESSMENT CRITERION 2 
    Procedures to be followed in a maintenance enquiry are used to obtain resolution of maintenance matters. 

    ASSESSMENT CRITERION 3 
    Competent maintenance orders are defined and distinguished from other orders common to maintenance matters. 
    ASSESSMENT CRITERION RANGE 
    Competent maintenance orders are those orders validly made by a court in terms of the Maintenance Act. Other orders common to maintenance matters must include court orders concerning the duty of support made by divorce and superior courts.
     

    ASSESSMENT CRITERION 4 
    Procedures to enforce a maintenance order are analysed in relation to both civil and criminal remedies. 

    ASSESSMENT CRITERION 5 
    Factual maintenance matters are analysed in order to make deductions pertaining to the validity of procedures and corresponding orders. 

    SPECIFIC OUTCOME 3 
    Examine the concept of the duty of support in maintenance matters. 
    OUTCOME RANGE 
    Duty of support in this specific outcome must include child support, spousal support and extended family support. Examining the concept of duty of support involves applying the knowledge gained to factual case studies and drawing conclusions. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The concept of the duty of support is examined in terms of its origin and application in South African law. 

    ASSESSMENT CRITERION 2 
    Persons who have a duty of support towards others are identified in terms of statutory and common law. 

    ASSESSMENT CRITERION 3 
    The commencement and termination of the duty of support is explained in terms of influencing factors. 

    ASSESSMENT CRITERION 4 
    Factors which maintenance courts evaluate to determine a maintenance order are analysed in order to inform court users. 

    ASSESSMENT CRITERION 5 
    Factual maintenance matters are analysed to ascertain whether a duty of support exists, who is liable and the duration of the duty. 

    SPECIFIC OUTCOME 4 
    Examine the concept of reasonable financial needs in maintenance. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The role of statements of income and expenses is examined in the context of maintenance enquiries. 

    ASSESSMENT CRITERION 2 
    Typical categories of financial needs are identified in order to determine the cost component of the duty of support. 
    ASSESSMENT CRITERION RANGE 
    Financial needs must include housing, schooling, medical expenses, clothing, food and other categories.
     

    ASSESSMENT CRITERION 3 
    Financial needs which could be deemed to be reasonable by a court are examined in the context of a given case study. 
    ASSESSMENT CRITERION RANGE 
    Reasonable financial needs must be determined with reference to the facts of individual cases.
     

    ASSESSMENT CRITERION 4 
    Financial needs of various parties in a maintenance dispute are compared to establish sufficient cause for a maintenance enquiry. 

    ASSESSMENT CRITERION 5 
    The financial needs of parties involved in maintenance matters are analysed in order to inform court users of the likely outcome of their dispute. 

    SPECIFIC OUTCOME 5 
    Analyse the concept of maintenance enforcement through the courts. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Factual maintenance matters are analysed to assess whether a maintenance order has been breached and or whether any prescriptions apply. 

    ASSESSMENT CRITERION 2 
    The feasibility of enforcement in maintenance matters is analysed in the context of the financial situation of the parties. 
    ASSESSMENT CRITERION RANGE 
    Analysis must be conducted by way of case studies which include court users of varying socio-economic backgrounds.
     

    ASSESSMENT CRITERION 3 
    The difference between civil and criminal enforcement of maintenance orders is analysed in terms of the Maintenance Act. 

    ASSESSMENT CRITERION 4 
    The use of civil or criminal enforcement remedies are evaluated in terms of their advantages and disadvantages. 

    SPECIFIC OUTCOME 6 
    Demonstrate an understanding of the role of criminal prosecution in maintenance matters. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The roles of maintenance officers, investigators, prosecutors and magistrates are examined in criminal maintenance trials. 

    ASSESSMENT CRITERION 2 
    Evidence taken into account in criminal maintenance trials is evaluated in order to determine the feasibility of prosecution. 

    ASSESSMENT CRITERION 3 
    Reasons for converting a criminal trial into a civil maintenance enquiry are examined in order to minimise the criminal court case load. 

    ASSESSMENT CRITERION 4 
    Sentences which the court may impose in maintenance trials are explained in the context of the Maintenance Act. 

    ASSESSMENT CRITERION 5 
    Common problems and obstacles that may undermine the resolution of a maintenance matter through prosecution are examined in order to determine the feasibility of prosecution. 
    ASSESSMENT CRITERION RANGE 
    Common problems and obstacles must include missing parents, lack of proof of income, unemployment of the other party, competing demands on the other parties' income and time delays due to postponements.
     


    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 
  • The structure and position of maintenance courts in South Africa.
  • The provisions of the Maintenance Act no 99 of 1998.
  • The concept of the duty of support.
  • The concept of reasonable financial needs.
  • Methods of maintenance enforcement through the courts.
  • The role of criminal prosecution in maintenance 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 maintenance problems and to assist people in the problem situation to identify a legal course of action. 

    UNIT STANDARD CCFO COLLECTING 
    Learners have acquired the generic ability to collect and analyse information about court users' family law disputes and to facilitate an accurate diagnosis of their legal situation. 

    UNIT STANDARD CCFO COMMUNICATING 
    Learners have acquired the generic ability to explain legal terms and concepts to members of the public with maintenance enquiries and problems. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Learners have acquired the generic ability to understand the delivery of maintenance 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 maintenance 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 maintenance 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  Reregistered  2023-06-30  SAS SETA 
    Elective  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. CAPRICON TVET COLLEGE 
    2. JUSTICE COLLEGE 
    3. Legal Expenses Insurance SA 
    4. 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.