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: 

Apply court ethics and the etiquette when acting as a prosecutor 
SAQA US ID UNIT STANDARD TITLE
365181  Apply court ethics and the etiquette when acting as a prosecutor 
ORIGINATOR
Task Team - Justice Legal 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  NQF Level 05 
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 
The purpose of this Unit Standard is to enable prosecutors to apply legal ethics and court etiquette. 

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
It is assumed that the learner has the following knowledge and skills:
  • Communication at NQF Level 4. 

  • UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Know and apply legislation, case law and directives relevant to criminal court proceedings. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Identify and understand the relevant sections in the Bill of Rights that apply to court proceedings and prosecutions. 
    ASSESSMENT CRITERION RANGE 
    Chapter 2 of the Constitution of the Republic of South Africa 1996.
     

    ASSESSMENT CRITERION 2 
    Identify and understand applicable case law. 
    ASSESSMENT CRITERION RANGE 
    South African case law.
     

    ASSESSMENT CRITERION 3 
    Identify and understand the relevant codes of conduct applicable to court officials, prosecutors and legal representatives. 
    ASSESSMENT CRITERION RANGE 
    Relevant codes of conduct refer to but are not limited to:
  • National Prosecuting Authority Code of Conduct.
  • Administrative Rules and Prescripts of the Department of Justice and Constitutional Development
  • Code of Conduct for the South African Law Society.
  • Code of Conduct for the South African Bar Association.
     

  • ASSESSMENT CRITERION 4 
    Analyze cases and demonstrate or explain how ethics should or could be applied. 
    ASSESSMENT CRITERION RANGE 
  • Decided cases.
  • Simulated cases.
     

  • ASSESSMENT CRITERION 5 
    Use court terminology in a trial setting. 
    ASSESSMENT CRITERION RANGE 
    Court refers to but is not limited to:
  • Magistrate's Court.
  • High Court.
  • Supreme Court of Appeal.
  • Constitutional Court.
     

  • ASSESSMENT CRITERION 6 
    Explain the consequences of ethical and unethical behaviour. 
    ASSESSMENT CRITERION RANGE 
    Includes behaviour of:
  • The presiding officer.
  • Unrepresented accused.
  • Opponents.
  • State witnesses.
  • Officials of the National Prosecuting Authority.
     

  • SPECIFIC OUTCOME 2 
    Apply court etiquette relevant to criminal court proceedings. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Identify court hours and explain the consequences of not complying with them. 

    ASSESSMENT CRITERION 2 
    Explain the relationship between appropriate dress and respect for the Bench and own office held. 

    ASSESSMENT CRITERION 3 
    Explain the consequences of inappropriate behaviour and actions in a court. 

    ASSESSMENT CRITERION 4 
    Communicate appropriately with the role players in court. 
    ASSESSMENT CRITERION RANGE 
    "Communicate" includes body language, tone of voice, terminology, language "Role players" include the presiding officer, opposing party, court interpreter, witnesses (own and opponents).
     


    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 Constitution of South Africa 1996.
    National Prosecuting Authority Code of Conduct.
    Administrative Rules and Prescripts of the Department of Justice and Constitutional Development Code of Conduct for the South African Law Society.
    Code of Conduct for the South African Bar Association. 

    UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identifying and solving problems in which responses display that responsible decisions using critical and creative thinking have been made when:
  • Dealing with unethical behaviour.
  • Dealing with inappropriate court etiquette. 

  • UNIT STANDARD CCFO WORKING 
    Working effectively with others as a member of a team, group, organisation, and community during:
  • Interaction with the presiding officer, the SAPS, the court personnel, witnesses, defence council and members of the National Prosecuting Authority individually and as an organisation. 

  • UNIT STANDARD CCFO ORGANISING 
    Organising and managing oneself and one's activities responsibly and effectively when:
  • Deciding to prosecute.
  • Presenting evidence in court. 

  • UNIT STANDARD CCFO COLLECTING 
    Collecting, analysing, organising and critically evaluating information assist in:
  • Identifying appropriate behaviour by looking at rules, prescripts and codes of conduct. 

  • UNIT STANDARD CCFO COMMUNICATING 
    Communicating effectively using language skills in the modes of oral and/or behavioural persuasion when:
  • Addressing the court.
  • Addressing an opponents
  • Addressing the accused.
  • Addressing a witness.
  • Addressing a court official. 

  • 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  90657   National Certificate: Prosecuting  Not Applicable  NQF Level 05  Reregistered  2023-06-30  SAS SETA 
    Elective  50265   National Certificate: Family Law Practice  Level 5  Level TBA: Pre-2009 was L5  Reregistered  2023-06-30  SAS SETA 
    Elective  97228   National Certificate: Paralegal Practice  Level 5  NQF Level 05  Reregistered  2021-06-30  As per Learning Programmes recorded against this Qual 
    Elective  49598   National Diploma: Paralegal Practice  Level 5  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.
     
    NONE 



    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.