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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Demonstrate understanding of selected concepts of family law 
SAQA US ID UNIT STANDARD TITLE
123222  Demonstrate understanding of selected concepts of family law 
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 understand common concepts of family law, apply this understanding in their work practice and facilitate more informed service delivery at family courts, thereby contributing to the more effective resolution of family disputes in South Africa.

Learners credited with this unit standard will be able to:
  • Explain the concept of jurisdiction in family law.
  • Analyse the methods of dispute resolution in family law.
  • Examine the concept of the best interests of a child in family law matters.
  • Demonstrate an understanding of constitutional principles in family law, with an emphasis on gender equality.
  • Explain the role of the family advocate in family law matters.
  • Use source material, to update their family law knowledge, with a specific focus on case law. 

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

    UNIT STANDARD RANGE 
    The range of this unit standard includes selected concepts relating to court-based family law practice. Court based family law practice must include maintenance, domestic violence, children's court and divorce. 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Explain the concept of jurisdiction in family law. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Jurisdiction is defined in the context of family law. 

    ASSESSMENT CRITERION 2 
    Courts dealing with family law matters are explained against the hierarchy of the South African court system. 

    ASSESSMENT CRITERION 3 
    Competing jurisdiction in family law disputes are analysed in the context of a given case study. 
    ASSESSMENT CRITERION RANGE 
    Matters must include domestic violence and maintenance cases with competing jurisdictions.
     

    SPECIFIC OUTCOME 2 
    Analyse the methods of dispute resolution in family law. 
    OUTCOME RANGE 
    Different methods of dispute resolution must include formal criminal and civil methods, informal court meetings and alternative dispute resolution. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The use of an enquiry, a mediation meeting and a trial is analysed in the context of resolving family law disputes. 

    ASSESSMENT CRITERION 2 
    Civil and criminal law processes are reviewed in the context of family law dispute resolution. 

    ASSESSMENT CRITERION 3 
    Evidentiary burdens are explained with application to civil and criminal law processes. 

    ASSESSMENT CRITERION 4 
    Adversarial and inquisitorial adjudication methods are analysed with reference to family law. 

    SPECIFIC OUTCOME 3 
    Examine the concept of the best interests of a child in family law matters. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The concept of the best interests of the child is examined in the context of family law matters. 

    ASSESSMENT CRITERION 2 
    Role-players duties are identified and defined with regard to the assessment of the best interests of the child in legal matters. 
    ASSESSMENT CRITERION RANGE 
    Role-players must include the family advocate's office, child psychologists and social workers.
     

    ASSESSMENT CRITERION 3 
    Factors which may impact on the best interests of the child in legal matters are assessed in the context of a given case study. 

    SPECIFIC OUTCOME 4 
    Demonstrate an understanding of constitutional principles in family law, with an emphasis on gender equality. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The equality clause in the Bill of Rights is examined in the context of family law. 

    ASSESSMENT CRITERION 2 
    The difference between fair and unfair discrimination is explained in the context of the Constitution. 

    ASSESSMENT CRITERION 3 
    The Bill of Rights is analysed with reference to children's rights. 

    ASSESSMENT CRITERION 4 
    An explanation is given of the types of legal recourse available to people in South Africa in the context of a given family law case study. 
    ASSESSMENT CRITERION RANGE 
    Means of legal recourse must include equality courts, Chapter 9 institutions, Constitutional Court as well as civil and criminal courts.
     

    SPECIFIC OUTCOME 5 
    Explain the role of the family advocate in family law matters. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Duties placed on the family advocate are explained in the context of guiding legislation. 

    ASSESSMENT CRITERION 2 
    Services provided by the family advocate's office are explained with reference to the best interests of the child. 

    ASSESSMENT CRITERION 3 
    Forms used by the office of the Family Advocate to initiate enquiries are explained in the context of their use. 

    ASSESSMENT CRITERION 4 
    Family advocate's reports are examined in order to inform court users. 

    SPECIFIC OUTCOME 6 
    Use source material to update family law knowledge, with a specific focus on case law. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Sources of information and knowledge are identified within the context of family law in South Africa. 

    ASSESSMENT CRITERION 2 
    South African sources of information and knowledge are explained within the context of family law. 

    ASSESSMENT CRITERION 3 
    Precedent is explained in the context of South African law. 

    ASSESSMENT CRITERION 4 
    Case law is analysed with reference to structure and presentation. 

    ASSESSMENT CRITERION 5 
    Family law cases are summarised in a written format. 


    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 
  • Jurisdiction in family law.
  • The best interests of the child standard.
  • Different methods of dispute resolution in family law.
  • Problem solving techniques in family law.
  • The role of the family advocate.
  • The use of source materials to update their family law knowledge. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO WORKING 
    Learners have acquired the generic ability to work as an informed member of court-based service delivery teams in assisting members of the public in family law. 

    UNIT STANDARD CCFO COLLECTING 
    Learners have acquired the generic ability to collect, analyse and organise information crucial to the administration of family law matters. 

    UNIT STANDARD CCFO COMMUNICATING 
    Learners have acquired the generic ability to communicate legal concepts and terms. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Learners have acquired the generic ability to understand the terrain of family law as a set of related systems. 

    UNIT STANDARD CCFO CONTRIBUTING 
    Learners have acquired the generic ability to assess and update their own legal knowledge and to contribute to more informed service delivery in the South African justice 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 
    Terminology:
  • For the purposes of this unit standard, 'court-based family law practice', 'family law' 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 areas of maintenance, domestic violence, divorce and 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  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. JUSTICE COLLEGE 



    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.