SAQA

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SOUTH AFRICAN QUALIFICATIONS AUTHORITY

REGISTERED QUALIFICATION:

Bachelor of Paralegal Studies

SAQA QUAL ID	QUALIFICATION TITLE
101500	Bachelor of Paralegal Studies
ORIGINATOR
Cape Peninsula University of Technology
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY			NQF SUB-FRAMEWORK
CHE - Council on Higher Education			HEQSF - Higher Education Qualifications Sub-framework
QUALIFICATION TYPE	FIELD		SUBFIELD
National First Degree	Field 08 - Law, Military Science and Security		Justice in Society
ABET BAND	MINIMUM CREDITS	PRE-2009 NQF LEVEL	NQF LEVEL	QUAL CLASS
Undefined	360	Not Applicable	NQF Level 07	Regular-Provider-ELOAC
REGISTRATION STATUS		SAQA DECISION NUMBER	REGISTRATION START DATE	REGISTRATION END DATE
Reregistered		EXCO 0821/24	2021-07-01	2027-06-30
LAST DATE FOR ENROLMENT		LAST DATE FOR ACHIEVEMENT
2028-06-30		2033-06-30

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 qualification does not replace any other qualification and is not replaced by any other qualification.

PURPOSE AND RATIONALE OF THE QUALIFICATION

Purpose:
The qualification combines legal theory and practice to equip graduates with the foundation to competently navigate South Africa's legal system as a Paralegal in a range of contexts. It consolidates the fragmented approach to paralegal education in key areas of the law, by providing an educational foundation for the professionalisation of the Paralegal sector.

It is designed to enable learners to pursue a career in Paralegal studies while simultaneously providing a foundation for pursuing further studies towards becoming a fully-fledged member of the legal profession.

This qualification therefore seeks to equip the qualifying learner with the principles, theory, procedural knowledge, work-integrated learning. Also graduate attributes will be developed for application in key areas of the law and provide them with an understanding of the application of the law within the broader South African social context, for the purpose of rendering primary and quasi-legal services in the public and private sector.

The qualification has an occupationally-oriented, capability-based approach to legal education, distinguishing itself from the existing law and paralegal qualifications with its unique balance between theory and practice. It therefore focuses on essential competencies such as a common core of legal substantive and procedural knowledge and its practical application within a work-integrated paralegal context, critical thinking skills, organisational skills, research skills, oral and writing skills and numeracy skills. Practical components form an integral part of the curriculum and will occur in a problem-based, simulated environment, followed by project-based, work-integrated components in collaboration with community-based advice offices, justice centres, government departments, private practitioners and juristic entities.

Rationale:
This qualification responds to two of the six priorities of the National Development Plan 2030 (NDP 2030), which are; promoting active citizenry to strengthen development, democracy and accountability and increase labour absorption. It aims to enable increased access to higher education through creating the potential for articulation between the Occupational Qualifications Sub-Framework and the Higher Education Qualifications Sub-Framework within the discipline of law. It further aims to provide greater labour mobility and overcome unemployment by preparing multi-skilled graduates for paid employment as well as self-employment. The learners' attributes which are to be embedded in the qualification are aimed at enabling graduates to be active agents in ensuring access to justice, a key strategic objective of the Department of Justice and Constitutional Development.

The qualification aims to give effect to the mission of the National Skills Development Strategy III (NSDS III) by providing increased access to high quality education and training and skills development opportunities, including workplace learning and experience for effective participation in the economy and society. The qualification therefore addresses the challenges identified in the NSDS III by focusing on the intermediate and higher skills within the discipline of law and addressing the need for more substantial qualifications to improve qualifications, support career-pathing, enable greater flexibility, mobility and productivity. It therefore aims to overcome the systemic blockages caused by the lack of synergy between the various post-school sub-systems by promoting partnerships and alignments needed to improve the effectiveness of qualification delivery, articulation and progression.

This qualification is further aligned to the policy objectives of The White Paper for Post-School Education and Training by addressing the imperatives of equity and social justice and promoting an integral post-school system. It is designed to develop high level skills for the middle level practitioner, while at the same time addressing the imperatives in the NDP by suggesting new application for existing knowledge at a paralegal level, creating opportunities for social mobility through vertical and horizontal articulation, strengthening social justice and democracy, and contributing towards overcoming the inequities of the past.

The qualification provides educational support for the professionalisation of the currently unregulated Paralegal sector, while at the same time expanding the capacity of the community-based Paralegal.

It further responds to the obligation placed upon universities by the Department of Higher Education and Training to explore and support curriculum development initiatives that will contribute to improved success and graduation rates. The Bachelor of Laws (LLB) Curriculum Research Report 2010 highlights the concerns raised by traditional universities over the poor throughput rates and the under preparedness of candidates entering the Bachelor of Laws (LLB) qualification, with the resultant poor readiness of many LLB graduates exiting the qualification. Therefore, in addition to preparing multi-skilled paralegal graduates, this qualification also seeks to prepare well-equipped candidates for the Professional LLB Degree. It will equip paralegal graduates with the requisite theory and practical legal skills at an operational level within a Paralegal context, which, once achieved competently, provides a fit-for-purpose foundation for further studies in law, in accordance with international best practice.

This qualification responds to the need to expand training, creating opportunities for articulation and addressing the needs of Paralegals in key areas such as conveyancing, alternative dispute resolution, administration of estates and consumer law practice. It prepares graduates to perform the function of a conveyancing Paralegal, Legal Administrator, Legal Assistant, Human Resource Paralegal, Personal Injury Paralegal, Legal Clerk, Commercial Legal Secretary, Community-Based Paralegal, Family Law Practitioner, Debt Counsellor and Debt Reviewer, Legal Interpreter or Motor Vehicle Accident Claims Handler.

Hence, the relevant institutional graduate attributes of technologically adeptness, eminent employability and social responsiveness which are embedded in the qualification, will be complemented by the specific attributes of Paralegal Practitioners identified through international best practice, such as, advocacy and active citizenship, emotional literacy, social intelligence and ethical conduct.

Following the introduction of the four-year LLB qualification, the discontinuation of the B.Iuris and B.Proc Degrees and the drive towards the professionalisation of the paralegal sector, the need has been created for this qualification, the first of its kind in South Africa. It has the potential to serve as a conduit between the paralegal sector and the legal profession, consolidate the fragmented approach to paralegal education, and prepare graduates who could meet the need for primary and quasi-legal services created by the human rights-based approach to access to justice.

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING

Recognition of Prior Learning (RPL):
The RPL process is multi-dimensional and multi-contextual in nature, aimed at the individual needs of applicants and is handled in accordance with the institutional RPL policy by a unit dedicated to this activity. The RPL process includes guidance and counselling, as well as the preparation of a body of evidence to be presented by the RPL candidate to meet institutional requirements. An appeal procedure is also in place to accommodate queries. RPL in this qualification will relate to gaining access to the qualification and/or credits/advanced standing as described in the institutional guidelines.

A portfolio of evidence which will be evaluated against the outcomes of the various modules within the qualification and will be used as one of the main RPL instruments. This portfolio may include samples of work and products assessed, a Curriculum Vitae of the candidate, the academic record or short courses completed and in-house training received. Interviews will be conducted to determine the values and dispositions of the candidates seeking entry into the qualification or for credits towards modules.

Entry Requirements:
The minimum admission requirement for this qualification is:

Senior Certificate (SC) with endorsement.
Or

National Senior Certificate (NSC) granting access to Bachelor's Degree studies with the following:
> English home or first additional language.
> Any four (4) subjects from the designated recognised 20-credit NSC subject list, including Mathematics or Mathematical Literacy and one official language.
Or

National Certificate Vocational (NCV) granting access to Bachelor's Degree studies with the following:
> Official language at first additional language level, including English.
> Mathematical Science.
> Any four (4) vocational components.

RECOGNISE PREVIOUS LEARNING?

QUALIFICATION RULES

This qualification consists of compulsory modules at Levels 5, 6 and 7 totalling 360 Credits:

Compulsory Modules, Level 5, 96 Credits:

Introduction to Law and Ethics, 12 Credits.

Private Law 1, 24 Credits.

Law of Contract, 24 Credits.

Communication Skills 1, 12 Credits.

Information Technology 1, 12 Credits.

Accountancy 1. 12 Credits.

Compulsory Modules, Level 6, 132 Credits:

Legal Research and Writing, 12 Credits.

Legal Interpretation, 12 Credits.

Consumer Law Practice, 12 Credits.

Civil Procedure, 12 Credits.

Private Law 2, 24 Credits.

Communication Skills 2, 12 Credits.

Information Technology 2, 6 Credits.

Accountancy 2, 6 Credits.

Public Law 1, 24 Credits.

Business Administration for Paralegals, 12 Credits.

Compulsory Modules, Level 7, 132 Credits:

Mercantile Law 1, 24 Credits.

Law of Delict and Motor Vehicle Accidents or Legal Interpreting, 24 Credits.

Law of Evidence, 12 Credits.

Mercantile Law 2, 24 Credits.

Public Law 2, 24 Credits.

Private Law 3, 24 Credits.

EXIT LEVEL OUTCOMES

1. Demonstrate integrated knowledge of core areas of the law in South Africa and its application in a social and legal context to solve complex legal problems.
2. Demonstrate an understanding of knowledge as contested by various role players within the legal system and society and the ability to evaluate the types of knowledge for the purpose of solving complex legal problems.
3. Demonstrate the clinical and administrative skills of a Paralegal Practitioner in core areas of the law in the public and private sector.
4. Demonstrate the graduate attributes of a Paralegal Practitioner who is guided by the principles and values contained in the Constitution of the Republic of South Africa.

ASSOCIATED ASSESSMENT CRITERIA

Associated Assessment Criteria for Exit Level Outcome 1:

Demonstrate integrated knowledge of core aspects of procedural and substantive law in South Africa.

Apply the integrated knowledge of procedural and substantive law to solve complex socio-legal problems.

Associated Assessment Criteria for Exit Level Outcome 2:

Identify, analyse, evaluate and critically reflect on a complex legal or socio-legal problem.

Validate, interpret and evaluate information obtained from multiple sources.

Evaluate the most suitable procedure to a legal problem.

Associated Assessment Criteria for Exit Level Outcome 3:

Conduct legal research and evaluate, analyse and critically reflect on information gathered.

Manage information generated by multiple sources effectively and efficiently.

Present a synthesis of that information orally, or in writing, in prescribed and other relevant formats.

Communicate effectively, orally or in writing, with diverse role players in relevant socio-legal contexts.

Use technology for application in, but not confined to, legally relevant contexts.

Select and apply the most suitable procedure to a legal problem.

Inform, advise, assist, refer and/or represent a client or principal in a legally relevant context.

Associated Assessment Criteria for Exit Level Outcome 4:

Demonstrate advocacy, active citizenship and agency.

Demonstrate social intelligence when engaging with various role players in a socio-legal context and as a member of a diverse team.

Demonstrate ethical and professional conduct when dealing with various role players in the legal system and as a member of a diverse team.

Integrated Assessment:
This qualification follows an integrated, holistic approach to assessment whereby the learning outcomes, teaching and learning activities and assessments are in constructive alignment and dynamic interaction with each other. It applies a system of continuous assessment in compliance with the institutional policy on assessment, which prescribes a blend of formative and summative assessments. Assessment at all levels of learning aims at ensuring that Exit Level Outcomes are achieved using formative and summative assessments with different assessment formats.

The assessments are varied, and include, for example, pre-emptive formative computer-based assessments, written and oral examinations, case studies, legal reports or log books and portfolios. The clinical and administrative skills of the paralegal practitioner are assessed in a problem-based, simulated environment as well as through project-based, work-integrated activities.

Integrated assessment in this qualification aims to achieve the following:

Assess whether learners can perform the function of a Paralegal Practitioner competently in a range of contexts.

Evaluate the extent to which learners have integrated the roles, knowledge, practice and skills delivered through the learning outcomes of the range of subjects of this qualification.

INTERNATIONAL COMPARABILITY

This Bachelor of Paralegal Studies Degree is compared against the three-year Bachelor of Legal and Justice Studies at Southern Cross University in Australia, an extension of the Associate Degree in terms of its purpose, duration and the articulation opportunities that it seeks. The Bachelor of Legal and Justice Studies Degree is designed for those wanting to work in policy development, Paralegal positions, conveyancing, and in the fields of justice. It provides a thorough practical grounding in legal knowledge and a strong understanding of Australian and international politics and society. It allows for the articulation to the Bachelor of Laws and articulation from a range of relevant qualifications, including the Associate Degree in Law or Diploma in Law (Paralegal Studies), Associate Degree in Law or Diploma in Law (Aboriginal Paralegal Studies), Associate Diploma in Business (Paralegal Studies) or Associate Degree in Correctional Administration.

It is further compared with the four-year Bachelor of Science in Paralegal Studies online qualification offered by Liberty University in the United States in terms of the flexibility of its offering and core content. The core content includes justice studies, criminal law, legal research and legal studies. Within the qualification, learners will gain hands-on experience using emerging technologies, such as spreadsheet and billing software.

It compares most favourably with the four-year Bachelor in Legal Studies (Paralegal) Degree at Capilano University in Toronto Canada, with its balance between substantive law, procedural law and skills. Substantive law components include, among others, Introduction to Law, Criminal Law and Family Law, the Law of contracts, Insurance law, Law of Property, Administration of Estates and Succession and the Law of Evidence. Procedural law components include the procedural aspects of Criminal Law, Family Law and Company Law, as well as Civil Procedure, Conveyancing Procedure and Law Office Procedure. The practical legal skills are developed in modules such as Legal Drafting, Legal interviewing, Academic Writing Strategies, Legal Analysis, Legal Document Processing and Legal Research.

Research did not yield evidence of a comparable qualification to this Bachelor in Paralegal Studies across the African continent.

ARTICULATION OPTIONS

The qualification offers systemic articulation with the following qualifications offered by other institutions, provided the learner meets the minimum entry requirements:

Horizontal Articulation:

A cognate Advanced Diploma, Level 7.

Vertical Articulation

Bachelor of Laws (LLB) qualification, Level 8.

A cognate Postgraduate Diploma, Level 8.

MODERATION OPTIONS

N/A

CRITERIA FOR THE REGISTRATION OF ASSESSORS

N/A

NOTES

N/A

LEARNING PROGRAMMES RECORDED AGAINST THIS QUALIFICATION:

NONE

PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS QUALIFICATION:

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.	Cape Peninsula University of Technology