SAQA

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SOUTH AFRICAN QUALIFICATIONS AUTHORITY

REGISTERED QUALIFICATION:

Higher Certificate in Paralegal Practice

SAQA QUAL ID	QUALIFICATION TITLE
118171	Higher Certificate in Paralegal Practice
ORIGINATOR
Boston City Campus (Pty) Ltd formerly Boston City Campus and Business College (Pty) Ltd
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY			NQF SUB-FRAMEWORK
-			HEQSF - Higher Education Qualifications Sub-framework
QUALIFICATION TYPE	FIELD		SUBFIELD
Higher Certificate	Field 08 - Law, Military Science and Security		Justice in Society
ABET BAND	MINIMUM CREDITS	PRE-2009 NQF LEVEL	NQF LEVEL	QUAL CLASS
Undefined	120	Not Applicable	NQF Level 05	Regular-Provider-ELOAC
REGISTRATION STATUS		SAQA DECISION NUMBER	REGISTRATION START DATE	REGISTRATION END DATE
Reregistered		EXCO 0821/24	2021-04-22	2027-06-30
LAST DATE FOR ENROLMENT		LAST DATE FOR ACHIEVEMENT
2028-06-30		2031-06-30

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 Higher Certificate in Paralegal Practice is an entry-level vocational qualification with an industry-oriented focus. The primary purpose of the qualification, shaped by the description of the critical competencies of a paralegal, is both to prepare and produce qualified learners through education and training to perform specifically delegated substantive legal work for which a lawyer is responsible. This legal work includes, but is not limited to, providing administrative assistance with the completion of official documentation; framing fundamental legal concepts and dispensing rudimentary legal advice; understanding the professional limitations of being a paralegal. Qualifying learners will know when to refer matters to a Legal Practitioner; and, engaging in the community by providing guidance and education related to Human Rights. Paralegals may also perform administrative/secretarial work in support of an Attorney, or Magistrate, or South African Courts.

The completion of the qualification signifies that the learner has attained a basic level of higher education knowledge and competence in paralegal practices, and is capable of applying such knowledge and expertise in an occupation or role in the workplace.
Upon completion of this qualification, the learner should be able to:

Utilise technology to communicate and conduct legal research on behalf of a paralegal practitioner.

Provide rudimentary forms of legal advice and assistance to persons in conflict with the regulation.

Demonstrate an understanding of the law, civil and criminal procedures to a specific problem within the South African legal framework.

Apply other tools in resolving disputes rather than resorting to court-based litigation.

Perform administrative functions in a legal office environment, guide and refer internal and external clients in a paralegal context.

Demonstrate ethical conduct, values and professionalism when dealing with all clients.

The qualification prepares Paralegal Practitioners with the pre-requisite competencies to fulfil their critical role of providing support services to paralegal practitioners; as well as limited assistance to members of the public. This results in a higher capacity to address the growing social demand for access to legal services and limited legal support as South Africans embrace democracy and seek to protect their rights. Also, this qualification will produce qualified and competent assistants to ensure that primary legal services are more accessible and affordable to the public including legal, administrative and social knowledge and skills; although the emphasis is on providing support or supervised practice. This qualification will also give a career path for qualifying learners intending to further their studies in all sectors of the paralegal or legal profession.

Rationale:
Access to justice in South Africa is guaranteed under Section 34 of the Constitution, which provides that "Everyone has the right to have any dispute that can be resolved by the application of the law decided in a fair public hearing before a court of law or, where appropriate, another independent and impartial tribunal or forum" (Bill of Rights, 1996, 14). While the Constitution makes provision for legal representation, access to the legal services offered by government departments and agencies is severely hampered because so few people and communities know how and where to make use of this provision. As several studies illustrate, communities are in dire need of paralegal assistance and client services advisors (OFO code 122105) in issues ranging from social grant access, civil matters, labour disputes and land entitlements, among others.

Therefore, paralegals working in the criminal justice field are typically not lawyers but have the skills and knowledge of the law to provide rudimentary forms of legal advice and assistance to persons in conflict with the law. They seek to bring about practical remedies to facilitate access to justice through a variety of tools, including the provision of legal advice and education, mediation and alternative dispute resolution services, advocacy, and public awareness-raising. Within this context, paralegal assistance forms the bedrock of legal advice and a tangible means by which individuals and communities can leverage this Constitutional provision.

The demand for paralegal assistants has informed the development of qualification and is motivated both by the desire to address the shortage of skills in the entry-level of the selected field and the need to complement government efforts to professionalise and upscale paralegals through the provisioning of fit-for-purpose education and training.

Qualifying learners may be employed as Paralegal Assistant, Legal Adviser, Labour Relations Practitioner, Judicial/Administrative Assistant, Clerk of Court, Community-based Advice Officer, Debt Collector, CCMA Assistant Officer, Court Interpreter, Sheriff and Conveyancing Clerk.

The qualification provides a balance in fields that are broadly enabling career pathways while providing opportunities in both professional memberships with a variety of local and international bodies.

A thorough consultation was conducted with the Law Society of South Africa (LSSA) and other legal practitioners, and the institution's desktop research: the National Paralegal Institute (NPI), South African Paralegal Association (SAPA), Paralegal Association of South Africa (PALSA), Community-Based Advice Offices (CAO), the Institute of Legal Practice, Development and Research (ILPDR), and work done by the Centre for Community Justice and Development's (CCJD). The qualification makes a meaningful contribution to the higher education space at the target NQF exit level of the proposed qualification. And will prepare and produce qualifying learners that are work-ready for career pathways in the field of Law, Military Science and Security, particularly the Learning Sub-Field of Justice in Society.

Accordingly, this qualification equips learners to make a meaningful contribution to South Africa's constitutional democracy by enhancing access to justice and promoting economic and social transformation.

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING

Recognition of Prior Learning (RPL):
The institution's existing Recognition of Prior Learning (RPL) policy will be operationalised concerning this qualification. The principle of recognising (through evaluation/verification and or assessment) learning that has already taken place will be applied to the qualification at both programmatic and the modular level.

The institution recognises that most learners who have not achieved a National Senior Certificate (NSC) or an equivalent prior qualification can benefit from higher education. In keeping with the objectives of the Ministry of Higher Education and Training to support broader and more diverse access to higher education within the higher education system, learners who do not meet the technical benchmark for admission to the qualification may be considered under the institution's RPL arrangements.

Learners applying for admission to a higher education qualification via RPL must take note of the following provisions as informed by the Policy on RPL (CHE, August 2016):

The successful admission into a qualification by RPL (which assesses informal and non-formal learning acquired through work and life experience) is always at the discretion of the institution and may require learners to satisfy any additional requirements which are openly and publically stipulated by the Institution.

Learners may also be exempted from the modules in the qualification.

Each Learner application for RPL will be handled on a case-by-case basis and the rules and regulations governing the process, rigorously, diligently, and consistently applied by the Academic Committee to ensure a fair outcome.

The Academic Committee and the Registrar are responsible for deciding applications for admission into the qualification via RPL and, for communicating, in writing (via email), the outcomes of such adjudication to learners.

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

National Senior Certificate, NQF Level 4.
Or

National Certificate (Vocational), NQF Level 4.
Or

Senior Certificate, NQF Level 4.

RECOGNISE PREVIOUS LEARNING?

QUALIFICATION RULES

This qualification consists of the following compulsory modules at NQF Level 5 totalling 136 Credits.

Compulsory Modules, Level 5,136 Credits:

Academic Literacy, 14 Credits.

Computer Literacy, 14 Credits.

Legal Writing Skills, 10 Credits.

Introduction to South African Law, 10 Credits.

Paralegal Practice, 16 Credits.

Principles of Private Law and Human Rights, 15 Credits.

Alternative Dispute Resolution Practice, 15 Credits.

Conveyancing Practice Guide, 14 Credits.

Recoveries and Debt Collection, 14 Credits.

Introduction to Legal Office Practice and Procedures, 14 Credits.

EXIT LEVEL OUTCOMES

1. Utilise technology to communicate and conduct legal research on behalf of a paralegal practitioner.
2. Display skills and knowledge of the principles of law to provide rudimentary forms of legal advice.
3. Demonstrate an understanding of the law, civil and criminal procedures to a specific problem within the South African legal framework.
4. Perform administrative functions in a legal office environment, professionally guide and refer internal and external clients in a paralegal context.
5. Apply other tools in resolving disputes rather than resorting to court-based litigation and demonstrate ethical conduct, values and professionalism when dealing with all clients.

ASSOCIATED ASSESSMENT CRITERIA

Associated Assessment Criteria for Exit Level Outcome 1:

Implement legal assistant's clerical and practical duties required in a law office.

Demonstrate knowledge of legal terminologies used within a law office environment.

Utilise Information and Communication Technology (ICTs) to communicate, collect, analyse, and organise information in a legal environment.

Associated Assessment Criteria for Exit Level Outcome 2:

Demonstrate competencies and aptitudes, legal support staff, paralegals and legal assistants come across in the discharging the duties.

Demonstrate the ability to collate supporting legal documents, including letters, pleadings and debt collection documents.

Communicate appropriate legal or paralegal solutions effectively to all clients.

Associated Assessment Criteria for Exit Level Outcome 3:

Demonstrate simple paralegal practice management skills in a modern office environment.

Understand legal concepts about the nature and purpose of law and the nature and purpose of rights and duties.

Identify and apply relevant fundamental law and legal procedures appropriate to a specific problem area.

Examine and communicate human-rights provisions that influence private law to all the clients.

Associated Assessment Criteria for Exit Level Outcome 4:

Exhibit administrative tasks in support of a legal practitioner and clients on the appropriate action to take with regards to court judgements.

Apply the basic knowledge of the general principles of law applicable to the law of recoveries and debt collection.

Provide and prepare transfer documents and deeds registry to everyone involved in the practice and procedures of conveyancing.

Process payments and maintain company records by following the organisation's policies and procedures.

Associated Assessment Criteria for Exit Level Outcome 5:

Distinguish conflict resolution and other forms of dispute resolutions.

Analyse process involved in alternative dispute resolution rather than resorting to court-based litigation.

Demonstrate ethical conduct, values and professionalism when dealing with teams and every client.

Integrated Assessment
Formative assessments (formal and informal) are designed to integrate the cycle of teaching and learning and provide meaningful feedback to learners. Instructionally designed study guides and prescribed texts contain self-assessment exercises and ensure that learners are encouraged and motivated to work through the material in a systematic and sequenced manner. The scheme of work includes formal formative assessments in the form of tests and assignments based on the learning material, and learners are graded and provided written feedback. The process is continuous and focuses on smaller sections of the work and limited in the number of outcomes assessed at any given time, informed by the academic calendar.

Summative assessments are typically in the form of proctored examinations but include other assessment types such as a summative research report which assesses a representative selection of the outcomes at the end of the teaching and learning period. The summative assessment also evaluates the learner's ability to manage and integrate a large body of knowledge to achieve the stated outcomes of a module. The basic structure of assessments is prescribed and carefully monitored by Academic Quality Managers who oversee assessment development undertaken by the educators assigned to individual modules, as follows:

Two (2) formal formative assessment opportunities (each weighted at 20% of final grade), spread evenly across the academic calendar (week 6 and 12).

Two (2) formal summative assessment opportunities (one weighted at 50% [invigilated examination], the other weighted at 10%).

Two (2) supplementary summative assessment opportunities.

Like all other modules, the WIL Introduction to Legal Office Practice and Procedures module must be passed by achieving 50% or more after the (weighted) average is calculated for the series of formative and summative assessments.

INTERNATIONAL COMPARABILITY

The qualification has been compared to three accredited international institutions, each from a different region covering the UK and Australia. The comparison attends to the following, where possible: the degree of curricular overlap (modular analysis); qualification purpose; notional hours/credits; duration; and any other points of significant comparison.

Country: United Kingdom
Institution: The Chartered Institute of Legal Executives (CILEx)
Qualification Title: Certificate in Legal Studies

This is a Level 2 vocationally related qualification with a focus on a specific practice area including Civil Litigation, Conveyancing, Family Law, and Law in the Workplace, and Wills & Succession. It is an online qualification delivered in the distance mode of provision. This qualification can be achieved within 12 months, at minimum and registration is valid for 36 months at maximum.

Upon completion, learners can pursue further studies at Diploma or Degree level. The curricula for the Certificate in Legal Studies compares favourably with the proposed qualification in terms of the inclusion of a range of specific legal areas related to the skills and knowledge required for working in the legal environment as a legal assistant - perform specifically delegated substantive legal work for which a lawyer is responsible for. It includes modules on the legal environment and principles of specific areas of law as well as the application of knowledge. It exposes them to the legal framework, enables them to apply selected areas of law, perform administrative duties, work with complex legal documents, collect data and produce information in a legal environment in support of the work of a legal practitioner.

Therefore, the comparison indicates a high degree of similarity in terms of the qualification type and core credits. Both qualifications ensure that the learner progresses in the core modules/units thus ensuring a depth of specialist knowledge specific to the fields of Law and subfield of Justice in Society.

Country: Australia
Institution: The North Metropolitan (NM) Technical and Further Education (TAFE)
Qualification Title: BSB42215 Certificate IV in Legal Services

This is a one year (two semesters) qualification offered in a blended mode (on-campus/online). Entrance requirements include:

C-Grades in Year 11 Western Australian Certificate of Education (WACE) General English, and the Online Literacy and Numeracy Assessment (OLNA); or The National Assessment Program - Literacy and Numeracy (NAPLAN) 9 Band 8 for school leavers.

C- Grades in Year 11 English and Maths or equivalent for non-school levers

Certificate II or Certificate III Australian Qualification Framework (AQF) level.

Similarly, the minimum entry requirement for admission into this qualification is a National Senior Certificate (NSC), with English as one of the subjects passed and with an endorsement for access to a certificate study; or National Certificate (Vocational) (NC(V)), with English as one of the subjects passed and with an endorsement for admission to a certificate study; or Prior to 2009, Senior Certificate with English as one of the subjects passed. In both cases, other options such as alternative entry requirements, foreign applicants, RPL and Age Exemption are applicable.

This qualification curricular compares favourably with the NM TAFE's BSB42215 Certificate IV in Legal Services about core and elective learning units/modules, which prepares and equip learners to become versatile. It exposes them to the legal framework, enables them to apply selected areas of law, perform administrative duties, work with complex legal documents, collect data and produce information in a legal environment in support of the work of a legal practitioner.

Both qualifications provide an in-depth look at the legal system, including courts and legal personnel. Topics include legal communication, research, evidence, torts, compliance, innovation and sustainability. Learners will demonstrate competencies in the understanding and application of legal terminology and complex legal correspondence, providing support in law matters, providing non-legal advice, interacting with parties involved in the legal process and researching legal processes. More specifically, upon successful completion of this course, learners will be able to provide proper direction and support in legal matters in public or private sector job roles. Career opportunities include law clerk, judicial clerk, legal secretary, junior legal secretary and or articulation into a Diploma of Legal Services. Therefore, the Certificate IV in Legal Services is a nationally recognised qualification, accredited by the Australian Qualifications Framework12 NM TAFE is a Registered Training Organisation in Australia.

ARTICULATION OPTIONS

This qualification allows for both possibilities of horizontal and vertical articulation.

Horizontal Articulation:

Higher Certificate in Events Management, NQF Level 5.

Higher Certificate in Office Management, NQF Level 5.

Vertical Articulation:

Diploma in Paralegal Studies, NQF Level 6.

Bachelor of Paralegal Studies, NQF Level 7.

Bachelor of Laws, NQF Level 8.

MODERATION OPTIONS

N/A

CRITERIA FOR THE REGISTRATION OF ASSESSORS

N/A

NOTES

N/A

LEARNING PROGRAMMES RECORDED AGAINST THIS QUALIFICATION:

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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.

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