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 an understanding of the legislative factors and principles of common law impacting on specific alcohol-related road traffic offences 
SAQA US ID UNIT STANDARD TITLE
365190  Demonstrate an understanding of the legislative factors and principles of common law impacting on specific alcohol-related road traffic offences 
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 6  NQF Level 06  10 
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 unit standard will provide prosecutors and other legal officials with an opportunity to acquire the knowledge and competencies required to effectively prosecute offenders in terms of Section 65 of the National Road Traffic Act, Act 93 of 1996. To achieve these competencies the unit standard will provide a thorough understanding of legal principles and legislation relating to these offences. This unit standard will also provide an overarching understanding of legislation and legal principles that is not directly traffic related, but without which a prosecutor will not be able to prosecute offenders successfully.

Learners credited with this unit standard will be able to:
  • Explain the applicable definitions contained in Section 1 of the National Road Traffic Act, Act 93 of 1996.
  • Explain how a conviction of Section 65 (1) (2) or (5) will lead to a cancellation/suspension of a licence.
  • Demonstrate a knowledge of the offences created by Section 65 of the National Road Traffic Act 93 of 1996.
  • Demonstrate how presumptions can be used in proving the offences contained in Section 65 of the National Road Traffic Act 93 of 1996.
  • Evaluate and assess evidential material needed to prove the offences. 

  • 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.
  • Basic understanding of:
    > The South African Criminal Law.
    > The South African Law of Evidence.
    > The Criminal Procedure Act 51 of 1977.
    > The Constitution of the Republic of South Africa, 1996.
  • A thorough knowledge of all the applicable provisions of the Criminal Procedure Act 51 of 1977 pertaining to:
    > The accused presence in court proceedings.
    > The charge against the accused.
    > Evidential material applicable during trials. 

  • UNIT STANDARD RANGE 
    Related Legislation and principles of the common law of South Africa refer to, but are not limited to:
  • The Criminal Procedure Act (Act 51 of 1977).
  • The Constitution of the Republic of South Africa Act, 1996.
  • The Magistrates Court Act (Act 32 of 1994).
  • General principles of the South African Criminal Law.
  • The South African Law of Evidence. 

  • Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Understand the definitions contained in Section 1 of the National Road Traffic Act, Act 93 of 1996. 
    OUTCOME RANGE 
    Definitions relate to, but are not limited to:
  • Driver.
  • Motor vehicle.
  • Public road.
  • Vehicle. 

  • ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    List and describe the applicable definitions contained in Section 1 of the National Road Traffic Act 93 of 1996 relating to Section 65 prosecutions. 

    ASSESSMENT CRITERION 2 
    Explain the difference in the definitional meaning of "vehicle" and "motor vehicle". 

    SPECIFIC OUTCOME 2 
    Understand the conditions related to suspension/cancellation of licences as laid out in Section 33, Section 34 and Section 35 of the National Road Traffic Act 93 of 1996. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Explain how non-compliance to Section 33 read with Section 89 (1) of the National Road Traffic Act 93 of 1996 may lead to an offence. 

    ASSESSMENT CRITERION 2 
    Explain the various orders a court can make in terms of Section 34 of the National Road Traffic Act 93 of 1996. 

    ASSESSMENT CRITERION 3 
    Describe the offences in Section 65 of the National Road Traffic Act 93 of 1996 that will lead to the application of Section 35 of the said Act. 

    ASSESSMENT CRITERION 4 
    List the periods of suspension of licences for first, second and third offenders of Section 65 of the National Road Traffic Act 93 of 1996. 

    ASSESSMENT CRITERION 5 
    Describe the discretion of the court in terms of Section 35 of the National Road Traffic Act 93 of 1996. 

    SPECIFIC OUTCOME 3 
    Understand the conditions pertaining to prohibitions in respect of alcohol related offences as contained in Section 65 (1)-65 (9) of the National Road Traffic Act 93 of 1996. 
    OUTCOME RANGE 
    Alcohol related offences relate to:
  • Driving under the influence of intoxicating liquor or a drug having a narcotic effect.
  • Driving with excessive amount of alcohol in blood.
  • Driving with excessive amount of alcohol on breath. 

  • ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    List and explain the requirements of the prohibition contained in Section 65 (1) (a) and (b) of the National Road Traffic Act 93 of 1996. 

    ASSESSMENT CRITERION 2 
    List and explain the requirements of the prohibition contained in Section 65 (2) (a) and (b) of the National Road Traffic Act 93 of 1996. 

    ASSESSMENT CRITERION 3 
    List and explain the requirements of the prohibition contained in Section 65 (5) (a) and (b) of the National Road Traffic Act 93 of 1996. 

    ASSESSMENT CRITERION 4 
    Describe the different presumptions contained in Section 65 (3) (4) and (6) of the National Road Traffic Act 93 of 1996. 

    ASSESSMENT CRITERION 5 
    Explain the relevance of Section 65 (7) to section 65 (5) of the National Road Traffic Act 93 of 1996. 

    ASSESSMENT CRITERION 6 
    Explain the prohibitions contained in Section 65 (8) and (9) with reference to the offences in Section 65 of the National Road Traffic Act 93 of 1996. 

    SPECIFIC OUTCOME 4 
    Understand the Legislation and the findings of the South African Courts in relation to presumptions. 
    OUTCOME RANGE 
    Legislation and findings refers to but are not limited to:
  • The Constitution of the Republic of South Africa, 1996 with reference to Section 35 and 36.
  • Item 2 (1) of Schedule 6 to the Constitution of the Republic of South Africa, 1996.
  • Section 65(3), 65(4), 65(6), 69 and 73 of the National Road Traffic Act 93 of 1996.
  • Section 110 of the Magistrates Court Act 32 of 1944.
  • Various High Court Cases. 

  • ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Describe the effect Section 35 (3) (h) and Section 36 of the Constitution of the Republic of South Africa, 1996 as well as Item 2 (1) of Schedule 6 to the Constitution of the Republic of South Africa, 1996 may have on presumptions placing an onus on the accused to testify. 

    ASSESSMENT CRITERION 2 
    Describe the effect of Section 69 and 73 of the National Road Traffic Act 93 of 1996. 

    ASSESSMENT CRITERION 3 
    Describe the effect of Section 110 of the Magistrates Court Act 32 of 1944 in relation to the argument that presumptions, which place an onus on the accused, may not be used. 

    ASSESSMENT CRITERION 4 
    Describe the view of the South African Courts in relation to presumptions vis--vis the provisions of Section 35 and 36 of the Constitution of the Republic of South Africa, 1996. 

    SPECIFIC OUTCOME 5 
    Evaluate and assess the available evidential material contained in a police docket and determine the admissibility thereof during court cases. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Determine the admissibility of the evidential material contained in police dockets. 

    ASSESSMENT CRITERION 2 
    Identify weaknesses in witness statements and other documents in relation to the elements of the offence created in Section 65. 
    ASSESSMENT CRITERION RANGE 
    Other documents refer to but are not limited to:
  • Statements made in terms of Section 212 (4) and (8) of the Criminal Procedure Act 51 of 1977.
  • Computer printouts.
     


  • 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 
    Understanding of the following legislation and principles of the common law of South Africa:
  • The Criminal Procedure Act 51 of 1977.
  • The Constitution of the Republic of South Africa, 1996.
  • The Magistrates Court Act 32 of 1944.
  • General principles of the South African Criminal Law.
  • The South African Law of Evidence. 

  • 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:
  • Evaluating the police docket initially. 

  • UNIT STANDARD CCFO WORKING 
    Working effectively with others as a member of a team, group, organisation, and community during:
  • Preparation for trial. 

  • UNIT STANDARD CCFO ORGANISING 
    Organising and managing oneself and one's activities responsibly and effectively when:
  • Planning and preparing for a trial. 

  • UNIT STANDARD CCFO COLLECTING 
    Collecting, analysing, organising and critically evaluating information to better understand and explain:
  • In relation to evidential material. 

  • UNIT STANDARD CCFO COMMUNICATING 
    Communicating effectively using visual, mathematical and/or language skills in the modes of oral and/or written persuasion when:
  • Addressing court. 

  • 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
    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  80047   National Certificate: Road Safety Development  Level 5  NQF Level 05  Reregistered  2023-06-30  SAS SETA 
    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.