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: 

Consider default judgements in terms of Rule 12 of the Magistrates' Court Act 32 of 1944 
SAQA US ID UNIT STANDARD TITLE
365184  Consider default judgements in terms of Rule 12 of the Magistrates' Court Act 32 of 1944 
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 
This Unit Standard is intended for learners who are clerks of the civil court appointed to perform the functions and duties to grant default judgements. It will develop the competencies required in considering the requirements necessary to grant default judgements based on liquidated amounts in terms of Rule 12 of the Magistrate Court Act 32 of 1944. 

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
Learners accessing this qualification will have demonstrated competence in:
  • Communication at NQF Level 4.
  • Computer Literacy at NQF Level 3.
  • A general knowledge and understanding of civil procedure in the magistrate court. 

  • UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Apply the general principles relating to considering default judgement. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Describe the two most important types of civil proceeding in the magistrates' court. 

    ASSESSMENT CRITERION 2 
    Indicate when a summons lapses and explain the consequences for the parties concerned. 

    ASSESSMENT CRITERION 3 
    Explain how the court has jurisdiction in relation to the defendant and the cause of action. 

    ASSESSMENT CRITERION 4 
    Display a knowledge and understanding of the concept of locus standi. 

    ASSESSMENT CRITERION 5 
    Explain the rationale for granting a judgement in default. 

    ASSESSMENT CRITERION 6 
    List and describe all the various circumstances when a request for default judgement can be made. 

    SPECIFIC OUTCOME 2 
    Demonstrate an understanding of the procedure when applying for a default judgement. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    List and describe each of the documents required in terms of Rule 12 when lodging a request for a default judgement. 

    ASSESSMENT CRITERION 2 
    Explain the appropriate action where the original documents are not provided. 

    ASSESSMENT CRITERION 3 
    Describe fully the manner of service in accordance with the rules of the court. 

    ASSESSMENT CRITERION 4 
    Explain what must be considered when summons is served by registered mail. 

    SPECIFIC OUTCOME 3 
    Determine whether the specific requirements for the process of granting a judgement are met. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Explain fully what the plaintiff can claim in a request for default judgement. 

    ASSESSMENT CRITERION 2 
    Explain in which circumstances a judgement may be referred to the magistrate. 

    ASSESSMENT CRITERION 3 
    List the 5 most important requirements you will consider necessary for granting a default judgement. 

    SPECIFIC OUTCOME 4 
    Consider a request for default judgement. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    By using the documents at hand and the laid down requirements, consider a default judgement and note the results thereof. 

    ASSESSMENT CRITERION 2 
    Compile a report indicating what facts, factors and documentation were taken into account when a default judgement was considered and a recommendation made. 


    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 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 
  • Legislation in relation to:
    > The Constitution of the Republic of South Africa, 1996 and human rights.
    > The Magistrate's Court Act, Act 32 of 1994.
    > Magistrates' Courts Rules of Court.
    > Rule 12.
    > Civil procedure in the Magistrates' Court.
  • Decision making techniques. 

  • 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:
  • Applying the principles and requirements for granting judgements. 

  • UNIT STANDARD CCFO WORKING 
    Working effectively with others as a member of a team, group, organisation, and community during:
  • Querying attorneys and/or referring requests to magistrates. 

  • UNIT STANDARD CCFO ORGANISING 
    Organising and managing oneself and one's activities responsibly and effectively when:
  • Considering granting, referring and querying default judgements by conducting oneself ethically and professionally. 

  • UNIT STANDARD CCFO COLLECTING 
    Collecting, analysing, organising and critically evaluating information to better understand and explain:
  • Requesting relevant information and evidence to enable decision making. 

  • UNIT STANDARD CCFO COMMUNICATING 
    Communicating effectively using visual, mathematical and/or language skills in modes of oral and/or written persuasion when:
  • Querying attorneys and referring requests to the magistrate. 

  • UNIT STANDARD CCFO SCIENCE 
    Using science and technology effectively and critically, showing responsibility towards the environment and health of others when:
  • Managing information and documents, and listing all queries together rather than separately. 

  • UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrating an understanding of the world as a set of related systems by recognising that problem-solving contexts do not exist in isolation when:
  • Querying and taking into account competing arguments and viewpoints and making decisions in accordance with decided case law and principles of civil law. 

  • 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 
    Learners credited with this unit standard will be able to:
  • Apply the general principles relating to considering default judgements.
  • Exercise discretion in arriving at a decision whether to grant, query or refer the request to the magistrate.
  • Determine whether the specific requirements for the process of granting a judgement are met.
  • Consider a request for default judgement. 

  • 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 
    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.