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 the Promotion of Administrative Justice Act, Act 3 of 2000 
SAQA US ID UNIT STANDARD TITLE
365199  Apply the Promotion of Administrative Justice Act, Act 3 of 2000 
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 
This unit standard is aimed at primary decision makers in the Public Service (that is decision makers who make decisions that affect the rights, interests or legitimate expectations of members of the public). The unit standard will familiarize learners with the provisions of the Promotion of Administrative Justice Act, Act 3 of 2000 and will provide them with the tools necessary to apply the Act in practice. 

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 
    Show how the contexts in which administrative decisions are made impacts on the application of the Promotion of Administrative Justice Act, Act 3 of 2000. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The need for the Promotion of Administrative Justice Act, Act 3 of 2000 is demonstrated with reference to the functions and tools of government. 
    ASSESSMENT CRITERION RANGE 
    Includes, but is not limited to:

    The functions of government relating to managing the economy by ensuring the effective functioning of the economy, economic growth and ensuring a stable and sustainable economic system. It may relate to promoting social justice and promoting the well-being of citizens. The tools of government may relate to regulation, taxation, subsidising and the dissemination of information.
     

    ASSESSMENT CRITERION 2 
    The role that the Promotion of Administrative Justice Act, Act 3 of 2000 plays in the strategic and functional management of a public body is explained and demonstrated with examples. 
    ASSESSMENT CRITERION RANGE 
    Includes, but is not limited to:

    The role of the Promotion of Administrative Justice Act, Act 3 of 2000 in the operational management, human resource functions, procurement functions and budgeting of a public body.
     

    ASSESSMENT CRITERION 3 
    Constitutional values are linked to the provisions of the Promotion of Administrative Justice Act, Act 3 of 2000. 

    ASSESSMENT CRITERION 4 
    The role and function of Administrative Law in society is explained in terms of the need to reconcile the exercise of state power with individual autonomy. 

    ASSESSMENT CRITERION 5 
    The Constitutional framework within which the public administration must function is explained in terms of the right to access to information, administrative justice and access to courts. 

    SPECIFIC OUTCOME 2 
    Analyse the provisions of the Promotion of Administrative Justice Act, Act 3 of 2000 and apply it to a set of facts. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The definition of an administrative action is analysed and is applied to a set of facts. 

    ASSESSMENT CRITERION 2 
    The functions of the procedures contained in the Promotion of Administrative Justice Act, Act 3 of 2000 and, an appropriate administrative procedure is chosen to fit a set of facts. 

    ASSESSMENT CRITERION 3 
    The requirements for a fair procedure are explained and a given administrative procedure is adjusted to ensure its fairness. 

    ASSESSMENT CRITERION 4 
    The right to written reasons as contained in the Promotion of Administrative Justice Act, Act 3 of 2000 is explained and, given a set of facts, reasons are assessed for their adequacy. 

    ASSESSMENT CRITERION 5 
    The grounds for review as contained in the Promotion of Administrative Justice Act, Act 3 of 2000 are explained and an indication is given of how the grounds for review may be used to monitor the decision-making of an administrator. 

    ASSESSMENT CRITERION 6 
    The remedies contained in the Promotion of Administrative Justice Act, Act 3 of 2000 are explained and an indication is given of what an appropriate response to a court order will be. 

    SPECIFIC OUTCOME 3 
    Apply the Promotion of Administrative Justice Act to a given case. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    An empowering provision is analysed. 

    ASSESSMENT CRITERION 2 
    A decision that complies with the Promotion of Administrative Justice Act, Act 3 of 2000 is made. 

    ASSESSMENT CRITERION 3 
    The documents required by an administrative procedure are identified and prepared in a systematic and purposeful manner. 

    ASSESSMENT CRITERION 4 
    An empowering provision is used during the decision-making process. 

    ASSESSMENT CRITERION 5 
    The steps required for a fair administrative procedure are identified, explained and combined to develop a meaningful administrative procedure. 

    ASSESSMENT CRITERION 6 
    The developed procedure is applied to a set of facts. 

    ASSESSMENT CRITERION 7 
    The administrator's role during review proceedings is explained. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • An individual wishing to be assessed (including through Recognition of Prior Learning) 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 the Republic of South Africa, 1996 and human rights.
  • The provisions of the Promotion of Administrative Justice Act, Act 3 of 2000.
  • A rational decision making model.
  • Decision making techniques.
  • Communication and the writing process. 

  • 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:
  • An administrative procedure to fit a set of facts has been decided upon and adjusted to fit the needs of the situation.
  • An administrative decision has been made. 

  • UNIT STANDARD CCFO COLLECTING 
    Collecting, analysing, organising and critically evaluating information to better understand and explain:
  • An application for an administrative decision has been assessed and a decision regarding the application has been made. 

  • UNIT STANDARD CCFO COMMUNICATING 
    Communicating effectively using visual, mathematical and/or language skills in the modes of oral and/or written persuasion when:
  • Preparing the necessary documents (letters and reports) required to successfully complete an administrative procedure has been generated. 

  • 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:
  • Administrative decision-making has been linked to the context within which the decision-making takes place. 

  • 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  49598   National Diploma: Paralegal Practice  Level 5  NQF Level 05  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.
     
    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.