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 QUALIFICATION: 

Occupational Certificate: Family Law Practitioner 
SAQA QUAL ID QUALIFICATION TITLE
119432  Occupational Certificate: Family Law Practitioner 
ORIGINATOR
Development Quality Partner-SASSETA 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY NQF SUB-FRAMEWORK
-   OQSF - Occupational Qualifications Sub-framework 
QUALIFICATION TYPE FIELD SUBFIELD
Occupational Certificate  Field 08 - Law, Military Science and Security  Justice in Society 
ABET BAND MINIMUM CREDITS PRE-2009 NQF LEVEL NQF LEVEL QUAL CLASS
Undefined  205  Not Applicable  NQF Level 05  Regular-ELOAC 
REGISTRATION STATUS SAQA DECISION NUMBER REGISTRATION START DATE REGISTRATION END DATE
Registered  EXCO 0522/24  2022-08-04  2025-12-31 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2026-12-31   2029-12-31  

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 purpose of this qualification is to prepare a learner to function as a Family Law Practitioner.

A Family Law Practitioner consults with clients, performs basic mediation, conducts basic research, and performs administrative functions within family law context.

A qualified learner will be able to:
  • Consult with clients.
  • Perform basic mediation.
  • Gather and communicate information related to the matter.
  • Compile applicable reports.
  • Handle correspondences and attend to relevant legal documents.

    Rationale:
    Changes in legislation relating to family law and practice developments necessitated the need to develop a new qualification. The currently registered qualification is out of sync with industrial developments and skills required to effectively render services related to family law matters. There are currently no registered occupational qualifications that provide learners with knowledge and skills that enable them to practice as family law practitioners and deal with changes brought about by new legislation. The Family Law Practitioner is obliged to provide administrative, legal assistance and support to the public, organisations, and other related institutions in the family law sector.

    This qualification provides learners with knowledge and skills required to meet the latest developments in family law practices. These family law developments and practices refer to a combination of tasks and responsibilities relating to maintenance, domestic violence, divorce, marriage, mediation, and children's court matters in various family law related institutions and organisations in South Africa. During the development of this qualification, state organisations, private institutions, and non-governmental organisations (NGOs) were invited to participate in this process. Organisations that participated included amongst others, the following: SA Law School, Law Society of South Africa (LSSA), Department of Justice and Constitutional Development (DoJ&CD), HRD National Prosecuting Authority (NPA), Institute for Legal Practice (ILPDR), Law for all, Institute for Professional legal Training, Justice College, Dobsonville Human Right Centre, Engile Security Services, Thutong Learning College, Bokamoso Institute, South African School of Paralegal Studies, Imbokodo Restorative Justice ,WZ Events, New Horizon, National Department of Social Development, Crane International Academy and Centre for Community Justice Development.

    This qualification is aimed at individuals who qualify and are currently practising as Family Law Practitioners but have not acquired a formal qualification and any other party interested in serving society in the capacity as a Family Law Practitioner. Qualified learners will have mobility through various areas of specialisation such as mediator within family law practice, family law administrator, family counsellor. Advanced career mobility can be pursued through careers such as private Legal Practioners, State Legal Practitioners and academia in the family law sector. This qualification will equip learners with the knowledge and skills needed to work with a range of family law-related matters in public, private and other related sectors. This qualification will result in qualified, skilled and competent Family Law Practitioners in South Africa bringing social and economic benefits through provision of more effective and informed advice and assistance with family law problems. Society will benefit by receiving improved services through access, awareness, empowerment offered by qualified Family Law Practitioners, thus contributing positively to building the economy at large. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Recognition of Prior Learning (RPL):
    RPL for Access to the External Integrated Summative Assessment
    Accredited providers and approved workplaces must apply the internal assessment criteria specified in the related curriculum document to establish and confirm prior learning. Accredited providers and workplaces must confirm prior learning by issuing a statement of results or by certifying a work experience record.

    RPL for Access to the Qualification
    Accredited providers and approved workplaces may recognise prior learning against the relevant access requirements.

    Entry Requirements:
    The minimum entry requirement for this qualification is:
  • NQF Level 4 qualification. 

  • RECOGNISE PREVIOUS LEARNING? 

    QUALIFICATION RULES 
    This qualification is made up of compulsory Knowledge, Practical Skill and Work Experience Modules:

    Knowledge Modules
  • 261904-001-00-KM-01, Professionalism and Ethical Compliance Applicable within the Family Law Context, Level 4, 10 Credits.
  • 261904-001-00-KM-02, General Principles of Law, Level 5, 15 Credits.
  • 261904-001-00-KM-03, General Principles of Family Law, Level 5, 20 Credits.
  • 261904-001-00-KM-04, Child Related Matters in a Family Law Context, Level 5, 20 Credits.
  • 261904-001-00-KM-05, Domestic Violence within the Context of Family Law, Level 5, 20 Credits.
  • 261904-001-00-KM-06, Basic Theory on Dispute Resolutions, Level 5, 10 Credits.
  • 261904-001-00-KM-07, Communication within the Family Law Context, Level 4, 10 Credits.

    Total number of credits for Knowledge Modules: 105
  • 261904-001-00-PM-01, Consult with the Client, Level 5, 20 Credits.
  • 261904-001-00-PM-02, Conduct Basic Mediation, Level 5, 20 Credits.
  • 261904-001-00-PM-03, Gather and Communicate Information Related to the Matter, Level 5, 5 Credits.
  • 261904-001-00-PM-04, Compile Applicable Reports, Level 4, 5 Credits.
  • 261904-001-00-PM-05, Handle Correspondences and Attend to Relevant Legal Documents, Level 4, 5 Credits.

    Total number of credits for Practical Skill Modules: 55.
  • 261904-001-00-WM01, Workplace Orientation Process, Level 4, 2 Credits.
  • 261904-001-00-WM02, Client Consultation Processes, Level 5, 8 Credits.
  • 261904-001-00-WM-03, Mediation within the Family Law Context, Level 5, 15 Credits.
  • 261904-001-00-WM04, Additional Relevant Information Gathering and Communication Processes, Level 5, 10 Credits.
  • 261904-001-00-WM05, Reports Compilation Processes, Level 4, 5 Credits.
  • 261904-001-00-WM06, Handling Correspondences and Attending to the Relevant Legal Documents,
    Level 4, 5 Credits.

    Total number of credits for Work Experience Modules: 45 

  • EXIT LEVEL OUTCOMES 
    1. Facilitate consultative processes aimed at resolving clients' family related problems.
    2. Perform basic mediation activities to resolve family related disputes between or among clients.
    3. Conduct basic research to gather information related to the matter as presented by the client.
    4. Perform administrative functions within the scope of a Family Law Practitioner.
    5. Coordinate activities that are aimed at handling correspondences and attendance to the relevant legal documents. 

    ASSOCIATED ASSESSMENT CRITERIA 
    Associated Assessment Criteria for Exit Level Outcome 1:
  • Demonstrate and apply knowledge and procedure related to applicable family law when dealing with the client's family related matter.
  • Apply appropriate techniques to build rapport and trust with the client throughout the consultation process.
  • Apply the principles of professionalism and confidentiality throughout the consultation process.
  • Establish and communicate appropriate communication procedures to the client.
  • Hold consultative meeting(s) with the client to establish facts about the matter.
  • Receive the client information and process the necessary documents.
  • Assess the magnitude of the problem to determine the level of intervention.
  • Present available options and their related implications to the client and refer the client where necessary.
  • Open the client file where necessary.
  • Explain the importance of seeking guidance and assistance from a superior where necessary based on the complexity of the matter.

    Associated Assessment Criteria for Exit Level Outcome 2:
  • Explain the level of mediation intervention is within the scope of a Family Law Practitioner's context.
  • Establish the validity of the dispute, taking into consideration the evidence presented by each member.
  • Carry out preparations for the scheduled pre-mediation intervention.
  • Screen the matter and take the necessary steps to determine whether it is mediatable.
  • Consider factors related to cultural, religious and socio-economic dynamics in dealing with the matter at hand.
  • Identify the relevant role-players and stakeholders that are most suited to deal with the matter at hand.
  • Apply applicable legislation, the facts presented, analysed and give the client advice on the matter within the Family Law Practitioner context.
  • Adhere to the principles of confidentiality and professionalism.
  • Define the issues in dispute.
  • Determine the form of mediation.
  • Explain the relevant procedure to parties.
  • Secure an informed consent from parties.
  • Explain the procedure or mechanisms to lodge a complaint against the mediator and /or offending party.
  • Apply effective conflict management resolution skills.
  • Document and record agreements reached according to organisational procedures.

    Associated Assessment Criteria for Exit Level Outcome 3:
  • Identify the appropriate basic research methodologies.
  • Identify and access databases and resource list, gather and interpret relevant data accordingly.
  • Consult identified role-players within the scope and limitations of the family law practitioner.
  • Conduct basic research using resources identified.
  • Analyse and organise facts and information in a prescribed manner.
  • Analyse the information provided to assess the merits of case or enquiry.
  • Document findings/ results.
  • Create or update the file.
  • Communicate the case file or matter to relevant parties as per organisational policies and procedures.
  • Determine possible course of action.

    Associated Assessment Criteria for Exit Level Outcome 4:
  • Identify and discuss general principles relating to types of reports, intended recipients, content, purpose and communication media.
  • Identify the relevant parties for report.
  • Explain confidentiality issues related to the matter.
  • Identify and analyse key information to be included in the report.
  • Verify the availability of all authenticated documents and/ or information.
  • Compile the report in consultation with superior, using prescribed templates and methods where applicable, within the scope of and limitations of a family law practitioner.

    Associated Assessment Criteria for Exit Level Outcome 5:
  • Identify and discuss general principles relating to the types of correspondences to be processed and types of legal documents to be attended to.
  • Establish the purpose for correspondence.
  • Identify the appropriate media for the correspondence.
  • Compile and attend to correspondences using appropriate media.
  • Identify different types of legal documents relevant to the matter in the family law context.
  • Identify and populate appropriate document templates/forms accordingly.
  • Pay attention to diarised dates.
  • Pay attention to the due dates and diarise effectively.
  • Keep, file and safely secure records accordingly according to the organisational procedure.

    Integrated Assessment:
    Integrated Formative Assessment
    The Skills Development Providers will use the curriculum to guide them on the stipulated internal assessment criteria and weighting. They will also apply the scope of practical skills and applied knowledge as stipulated by the internal assessment criteria. This formative assessment leads to entrance into the integrated External Summative Assessment.

    Integrated Summative Assessment
    An External Integrated Summative Assessment, conducted through the relevant QCTO Assessment Quality Partner is required to issue this qualification. The External Integrated Summative Assessment will focus on the Exit Level Outcomes and Associated Assessment Criteria. 

  • INTERNATIONAL COMPARABILITY 
    International comparability has been done against qualifications offered in Ireland and Singapore. The choice of two countries were based on their formalised qualifications on Family Law Practitioner studies.

    Ireland
    A qualification in Legal Studies, Level 5 with 120 credits was found on the Irish National Framework of Qualifications with the Quality and Qualifications Ireland (QQI) acting as the awarding body. The qualification is offered by a few training providers with the NCU Ltd and Cavan and Monaghan Education and Training Board being some of them. Entry into the qualification is a successful completion of a qualification at level 4.

    The purpose of this award is to provide learners with knowledge, skill and competence to work independently under supervision in a legal environment.

    This qualification is made up of two major modules which are compulsory and minor module that learners can choose from.

    Major modules are listed below as:
  • Legal Practice and Procedures, Level 5, 15 credits.
  • Business Law, Level 5,15 credits.

    For this comparison study, a list of minor modules that were found to be similar to content covered in the South African Family Law Practitioner's qualification is provided below: Each of these courses is pitched at level 5 with 15 credits each. Learners must choose modules from the list to earn the remainder of 60 credits.
  • Customer Service.
  • Communications.
  • Customer Service.
  • Personal and Professional Development.
  • Conflict Resolution,
  • Business Administration Skills.
  • Family Law.
  • Criminal Law.
  • The Law and Insurance.

    Information about the duration of the qualification could not be found.

    Similarities:
    Similarities have been noted with content covered.

    Differences:
    The South African Family Law qualification has a broader scope with all modules being compulsory whilst with the Irish Legal Studies qualification, only two courses, with a total credit value of 30, are compulsory. Learners are afforded an opportunity to choose minor course of their choice, to obtain the remainder of credits.

    A major difference when compared to the New Zealand qualification is that the Family Law qualification in South Africa targets social workers in communities, law students, and all persons who work or intend to work in the family law section of lower courts in South Africa. On the other hand, the Irish Legal Studies qualification is open to any learner who wish to pursue a career within the legal environment.

    Differences have also been noted with the structure and composition of the South African qualification. The South African Family Law Practitioner qualification is made up of knowledge modules, practical skills modules and work experience modules whilst the Irish Legal Studies qualification is made up of core modules and minor modules.

    Singapore:
    Singapore University of Social Sciences offers a Bachelor of Law over a period of four (4) years. This is aimed at working adults, allowing them to pursue lifelong learning and higher education while balancing career, family and social responsibilities. The primary focus of the University School of Law is to train and produce lawyers for the practice of law in Singapore particularly in the areas of Criminal Law and Family Law.

    Qualifying learners of the LLB qualifications are required to complete 180 credit units comprising:
  • Introductory Courses, 10 credits.
  • Legal Knowledge Courses, 100 credits
  • Allied Knowledge (relevant non-law) Courses, 10 credits.
  • Professional Courses, 15 credits.
  • Legal Clerkship Programme, 15 credits.
  • Electives drawn from Legal or Allied Knowledge subjects, 30 credits.

    The target market in Singapore is not specified, however, admission requirements are stringent. To gain entry into the qualification, learners should meet requirements listed below:
  • GCE 'A' Level with two passes (prior to 2006) or two H2 passes (from 2006); or local Polytechnic Diploma; or International Baccalaureate (IB) Diploma; or NUS High School Diploma. Applicants with a Diploma from ITE, or other Diploma qualifications plus an acceptable SAT or ACT (with Writing) score1 may be considered for admission on a case-by-case basis.
  • Two years of full-time work experience, or currently employed on a full-time basis. Learners must at least 21 years old.

    The study has also identified a variety of modules that cover competencies like those covered in the South African Family Law Practitioner qualification. Some of the modules are listed below:
  • Families and their Issues (SWK354). This is offered by S.R. Nathan Scholl of Human Development. The course is offered online over a period of six (6) months to undergraduate learners. Upon completion learners are credited with 5 units.
  • Sociology of Family (SOC261). This course is offered online by Scholl of Humanities and Behavioural Science over a period of 6 months to undergraduates. Upon completion, learners are credited with 2 units.
  • Rehabilitation and Protection of Individuals and Families (SWK577). This is offered by S.R. Nathan Scholl of Human Development. The course is offered online over a period of six (6) months to undergraduate learners. Upon completion learners are credited with 5 units.
  • Ageing Families: Multigenerational and Cultural Issues (GER508. This is offered by S.R. Nathan Scholl of Human Development. The course is offered online over a period of six (6) months to undergraduate learners. Upon completion learners are credited with 5 units.
  • Legal and Ethical Issues in Helping Professions (SWK201). This is offered by S.R. Nathan Scholl of Human Development. The course is offered online over a period of six (6) months to undergraduate learners. Upon completion learners are credited with 5 units.

    Similarities:
    Similarities have been noted with qualification content.

    Differences
    Differences have been found to be with regard to target learners, duration, credits, entry requirements as well as recognition of courses achieved. Differences have also been noted with the structure and layout of the South African qualification. The South African Family Law Practitioner qualification is made up of knowledge modules, practical skills modules and work experience modules whilst in Singapore, a variety of institutions offer law related qualifications to undergraduate through distance learning.

    With regards to Bachelor of Laws degree, this is offered over a period of 4 years whilst the South African qualification is offered over 2 years.
    Conclusion
    The South African Family Law Practitioner qualification compares favourably with qualifications offered in other countries in terms of scope and area of practice. 

  • ARTICULATION OPTIONS 
    This qualification provides opportunities for horizontal and vertical articulation options.

    Horizontal Articulation:
  • Occupational Certificate: Paralegal; NQF Level 5.
  • Diploma: Paralegal Studies, NQF Level 5.
  • National Certificate: Family Law Practice, NQF Level 5.

    Vertical Articulation:
  • Diploma in Paralegal Studies, NQF Level 6. 

  • NOTES 
    Qualifying for External Assessment:
    In order to qualify for an external assessment, learners must provide proof of completion of all required knowledge and practical modules by means of statements of results and a record of completed work experience including Foundational Learning Competences.

    Additional Legal or Physical Entry Requirements:
  • None.

    Criteria for the accreditation of providers
    Accreditation of providers will be done against the criteria as reflected in the relevant curriculum on the QCTO website.

    The curriculum title and code are: Family Law Practitioner: 261904-001-00-00.

    Encompassed Trade(s):
    This qualification encompasses the following trades as recorded on the NLRD:
  • None.

    Assessment Quality Partner (AQP)
  • Safety and Security Sector Education and Training Authority. (SASSETA). 

  • 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.
     
    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.