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: 

Higher Certificate in Labour Law 
SAQA QUAL ID QUALIFICATION TITLE
123789  Higher Certificate in Labour Law 
ORIGINATOR
Akademia NPC 
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
Registered  EXCO 0730/25  2025-03-11  2028-03-11 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2029-03-11   2032-03-11  

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 the Higher Certificate in Labour Law qualification is to equip employees, employers, trade union officials, shop stewards, compliance officers, legal consultants, employer organisation officials, and aspiring legal professionals with a socio-economic and socio-political awareness of the context in which labour law operates. The qualification will also equip learners with basic theoretical knowledge, analytical and problem-solving skills to apply general labour law principles.

The qualification will emphasise relevant procedures and the application to meet challenges and address basic disputes within the world of work. The qualification will produce qualifying learners with a basic level of higher education knowledge, cognitive, and conceptual tools, and practical techniques for higher education studies. The qualification will further provide qualifying learners with enhanced employment opportunities in the commercial and public sectors, in non-governmental organisations, and in a wide range of careers, which require the basic application of labour law principles to advance good labour relations. Additionally, the qualification will provide graduates with an opportunity to progress to appropriate diplomas and/or bachelor's degrees.

Upon completion of this qualification, qualifying learners will be able to:
  • Describe and explain basic language principles and practices.
  • Analyse the nature of the law and its relationship with justice, certainty, and morality.
  • Explain the common law principles regulating employment relationships.
  • Describe the constitutional rights to freedom of association and to choose a trade, occupation or profession freely in the context of transformative constitutionalism and related collective labour legislation.
  • Discuss the objectives, context, and implementation of transformative law in South African labour relations.

    Rationale:
    South Africa has made significant strides towards a society aligned with the values of the Constitution of the Republic of South Africa, 1996. South Africans must constantly strive to strengthen and further constitutional imperatives. This qualification is intended to address these imperatives such as the right to equality, freedom of association, and fair labour practices, as enshrined in sections 9, 18, and 23 of the Constitution. In the South African socio-economic context, it is imperative that these rights should be realised at grassroots, and this qualification will thus be especially suitable to contribute to its realisation.

    The qualification will empower qualifying learners from all backgrounds and occupations with labour law competencies to advance good labour relations in the respective workplaces and assist in resolving potential labour disputes. This will enhance greater social justice pertaining to individual labour law and practice and collective labour law relations to the benefit of all parties in employee-employer relationships, society, and the economy.

    This qualification will benefit all who are directly or indirectly involved in employment relationships and thus contribute to graduates' career progression. This entry-level qualification will allow graduates to access appropriate bachelor's degrees in law, which is a requirement to access the legal profession. 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Recognition of prior learning (RPL):
    Learning that has been acquired through formal, informal and non-formal means is recognised for the fulfilment of the requirements of this qualification or part of the qualification. It is required that through assessment practices, the learner should demonstrate competence in the knowledge, skills, values and attitudes implicit in this qualification.

    This Recognition of Prior Learning may allow for accelerated access to further learning. All Recognition of Prior Learning is subject to quality assurance by the relevant accredited institution and is conducted by a registered workplace assessor.

    RPL will be in accordance with the institutional RPL policy and will be dealt with on an individual basis subject to the guidelines provided by the Council on Higher Education (2016).

    RPL for access:
    The Higher Certificate in Labour Law is an entry-level higher education qualification with specialisation in labour law to equip learners enrolled for the qualification with sound theoretical basis and with appropriate analytical and problem-solving skills. The qualification contains general principles pertaining to labour law and its application. Consequently, it is not foreseen that RPL for access will be applied in this qualification.

    RPL for credits:
  • Only credits from accredited qualifications offered by accredited institutions are
    considered.
  • The similarities of and differences between curricula, subject content and outcomes, and assessment practice are taken into consideration.
  • Qualification and content mapping should not result in similarity of less than 80%.
  • All credits from an incomplete qualification may be recognised by the same or another institution as part of the requirements for another or the same qualification.
  • Credits can be transferred horizontally at the same level of learning, or vertically from lower to higher levels.
  • A maximum of 50% of the credits of a completed qualification can be transferred to another qualification.
  • This approach seeks to protect the integrity of qualifications by ensuring that credit accumulation and transfer becomes the exception rather than the rule.
  • The same credits of a completed qualification may not be recognised or transferred to more than one qualification.
  • Credits will only be evaluated for recognition, where the candidate meets the minimum requirements for admission to a qualification.
  • No credits will be awarded for exit level modules.

    Entry Requirements:
    The minimum entry requirement for this qualification is:
  • National Senior Certificate, NQF Level 4, granting access to Higher Certificate studies.
    Or
  • Senior Certificate, NQF Level 4 without endorsement.
    Or
  • National Certificate Vocational, NQF Level 4, granting access to Higher Certificate studies. 
    		•

    RECOGNISE PREVIOUS LEARNING? 
    Y 

    QUALIFICATION RULES 
    This qualification consists of the following compulsory modules at National Qualifications Framework Level 5 totalling 120 Credits.

    Compulsory Modules, Level 5, 120 Credits.
  • English and Afrikaans Legal Proficiency, 20 Credits.
  • Legal Philosophy and Ethics, 20 Credits.
  • Individual Labour Law and Practice, 40 Credits.
  • Collective Labour Law, 40 Credits. 
    		•

    EXIT LEVEL OUTCOMES 
    1. Demonstrate the ability to communicate proficiently orally and in writing in the legal context by illustrating the basic principles to construct an argument and formulate a justified conclusion.
    2. Demonstrate an understanding of holistic basic foundations of legal philosophy and application of ethical values to advance sound labour relation practices in society.
    3. Demonstrate basic knowledge of individual labour law and its application in the employment relationship to address elementary legal issues and to propose and implement a solution-driven approach to resolve challenges.
    4. Demonstrate basic knowledge of collective labour law and its application in the world of work to address elementary legal issues and to facilitate the implementation of fair and just labour practices. 

    ASSOCIATED ASSESSMENT CRITERIA 
    Associated Assessment Criteria for Exit Level Outcome 1:
  • Describe and explain basic language principles and practices.
  • Identify and logically summarise primary and secondary authorities.
  • Critique content of primary and secondary authorities.
  • Find appropriate sources, law, and literature.
  • Interpret, compare and appraise different points of argument.
  • Formulate a cohesive argument for or against a particular view.
  • Apply the core principles of efficient and effective communication.
  • Reliably, accurately and coherently communicate information using conventions appropriate to the legal context, in written and oral or signed form.

    Associated Assessment Criteria for Exit Level Outcome 2:
  • Discuss the origin and role of the law.
  • Analyse the nature of the law and its relationship with justice, certainty, and morality.
  • Distinguish between the different legal philosophical schools/views, approaches/applications of the law.
  • Evaluate the relationship between the law and the individual and the law and society.
  • Apply the guiding principle of Ubuntu in general and with regard to labour relations.
  • Discuss the objectives, context, and implementation of transformative law in South African labour relations.
  • Apply basic principles of ethics in the evaluation of the behaviour of persons in the pursuit of improving social justice in South Africa.
  • Analyse and resolve moral and ethical dilemmas arising in labour relationships.

    Associated Assessment Criteria for Exit Level Outcome 3:
  • Explain the common law principles regulating employment relationships.
  • Analyse the labour law framework and sources.
  • Explain principles and rules regulating individual labour law.
  • Describe the constitutional rights to freedom of association and to choose a trade, occupation or profession freely in the context of transformative constitutionalism and related legislation.
  • Apply the principles and rules regulating individual labour law in an ethical manner to propose sound solutions.
  • Create theory-driven arguments for issues concerning individual labour law.
  • Analyse and apply workplace processes and offer suitable and equitable solutions for issues arising in the workplace.
  • Apply legal principles of procedural fairness in the labour law context.
  • Analyse the influence of the Constitution, 1996 on individual labour law.
  • Discuss basic principles and statutory regulation of employment equity and unfair discrimination in the workplace.

    Associated Assessment Criteria for Exit Level Outcome 4:
  • Define essential concepts pertaining to collective labour law.
  • Analyse the structure, principles, and rules regulating collective labour law.
  • Describe the constitutional rights to freedom of association and to choose a trade, occupation or profession freely in the context of transformative constitutionalism and related collective labour legislation.
  • Describe the important role players and their functions and responsibilities in a collective labour law and collective bargaining context.
  • Discuss the importance of industrial action in the collective bargaining landscape in South Africa.
  • Debate the right to strike (including freedom of association) and its integral part in attaining industrial democracy.
  • Create theory-driven arguments concerning and offer ethical solutions for legal issues relating to the resolution of elementary labour law disputes on a collective labour law level.

    INTEGRATED ASSESSMENT
    This qualification is offered by means of distance education provisioning and therefore, assessment serves as a useful tool to support learning and teaching and to ensure that the Exit Level Outcomes (ELOs) are attained. Assessment is a tool to motivate learners to foster learning. Assessments are criteria based, and meticulous attention is afforded to feedback.

    The qualification employs continuous assessment as a learning and teaching tool. This allows learners in distance education and who are mostly self-directed an opportunity to constantly monitor their progress, and for learners and lecturers to detect challenges and gaps early, and to act swiftly to remedy such challenges.

    Continuous self-assessment:
    Once a learning unit has been finalised, the lecturer posts self-assessment questions that the learners must complete before a marking guideline and/or discussion of the questions are provided. This approach allows learners to first grapple with the questions, sources, and content before guidelines and/or answers are provided, which approach enables self-directed learning. Furthermore, this strategy enables learners to ascertain whether they have developed the necessary competencies, attained the required skills, and reached the relevant outcomes pertaining to the learning unit, but also feeds into the ultimate qualifications ELOs.

    Formative Assessment:
    The following formative assessment strategy is implemented in this qualification.
  • 20% of the year mark stems from learners' performance in smaller, low-stake continuous assessments. In every semester, four small assessments are set, of which the individual learner's best three out of the four contribute towards 10% of the year mark. These assessments are typically conducted once a learning unit is completed and can take a variety of forms, for instance a quiz, essay, or group discussion.
  • 30% of the year mark reflects learner's performance in two larger, higher-stake problem-based assignments that require research, critical thinking, and problem-solving skills, all of which are essential in the world of work and especially in the legal field.
  • 50% of the year mark reflects learners' performance in a high-stakes, invigilated, closed-book semester test for which learners must prepare thoroughly in advance. The continuous self-assessments and continuous formative assessments are, among others, intended to scaffold learners' capabilities to successfully complete the semester test. Learners will benefit from the critical thinking and problem-solving skills that semester one assignments developed, when conducting the semester test.

    The assessment strategy is specifically designed to ensure achievement of the ELOs. Elaborate feedback is required for all formative assessments to facilitate learning and ensure escalation of competencies. All ELOS are inherently linked and therefore, assessments are designed such that all four modules can achieve these outcomes:

    Summative assessment:
    Examinations are used as summative assessments to test whether module outcomes aligned with the ELOs are attained. 
    		•

    INTERNATIONAL COMPARABILITY 
    Although there are many separate disciplines that address aspects of labour law and labour relations locally, there are currently no higher certificates specialising in labour law registered on the NQF.

    Furthermore, a wider search did not find comparable international qualifications at this level. However, most international institutions offer short courses in labour law and while other international qualifications in labour law are referred to as employment law in some instances and are offered at postgraduate levels.

    It is evident that labour law is important globally and especially in South Africa, as is, among others, gathered from the Constitution. Labour law is the root of society and requires implementation of fundamental rights at basic levels. Therefore, labour law should also be offered as an entry-level qualification.

    The qualification was compared with the following, which are at higher levels:

    Country: Ireland
    Institution: University College of Dublin
    Qualification title: Professional Diploma in Employment Law
    Duration: One year
    Entry requirements:
  • Legal practitioners
    Or
  • Graduates holding an approved university law degree or law-based interdisciplinary university degree or equivalent.

    Purpose:
    This Professional Diploma in Employment Law is designed to provide lawyers, human resource and industrial relations practitioners, and trade union officials with detailed knowledge of individual and collective employment law.

    Qualification structure:
    The qualification is focused on detailed knowledge of relevant elements of individual and collective employment law, including the contract of employment, employment rights and duties, dismissal, employment equality, and industrial action, which correspond with the content of the recommended qualification, the latter of which also includes all the stated elements.

    Assessment:
    Two thirds of the assessment of this qualification are conducted by means of dissertation and one third by means of an examination. This qualification focuses on research aligned with the level on which the qualification is set.

    Similarities:
  • University College of Dublin (UCD) and the South African (SA) qualifications are offered over one year full-time.
  • Although the purpose of the UCD qualification is set at a higher level and is focused on detailed knowledge, its purpose corresponds with the South African (SA) qualification, which likewise strives to equip a broad range of stakeholders (such as employees, employers, shop stewards, compliance officers, legal consultants, trade union officials, employer organisation officials, and aspiring legal professionals) with a sound (although at a basic level) theoretical basis and appropriate analytical and problem-solving skills to research, comprehend, and apply general principles pertaining to labour law in the world of work.

    Differences:
  • The UCD qualification is offered to legal practitioners and individuals holding an approved university law degree whereas the SA qualification is offered to individuals who have an appropriate National Senior Certificate.
  • The UCD qualification is assessed on the dissertation whereas the SA qualification focuses on basic knowledge.

    Country: United Kingdom
    Institution: London Metropolitan University
    Qualification title: Advanced Diploma in Professional Development in Employment Law and Practice
    Duration: One year
    Entry requirements:
  • Bachelor's degree
    Or
  • Three-year diploma in business or creative industries, work experience in the Human Resources sector or related fields, the latter of which must be corresponding to experienced middle management.

    Purpose:
    The Advanced Diploma in Professional Development in Employment Law and Practice, which is set at an executive-level, is intended for middle management in the human resources industry, and those who are involved in employment law and practice, to develop their understanding of employment law and practice.

    Qualification structure:
    This qualification addresses key issues pertaining to employment law and practice and its continuous developments, including the legal framework of employee relations (and human resource management) and how to deal with and evaluate legal materials. Additionally, it places emphasis on identifying problems that may arise in employee relations (and human resource management) and how to apply key legal principles to such problems to devise a solution.

    Modules:
  • Employment Law and Practice.
  • Advanced Employment Law and Practice.

    Assessment:
    Assessment in this qualification consists of two written coursework pieces in the first module and two pieces of coursework, namely a research proposal and an Employment Law and Practice project proposal and reflection in the second module.

    Similarities:
  • The London Metropolitan University (LMU) and the South African (SA) qualifications are offered over one-year full time.
  • The purpose of the SA qualification corresponds with that of the LMU qualification, in that it is also attentive to labour law and its application in the world of work.

    Differences:
  • The LMU qualification accepts applicants who hold the bachelor's degree or three-year diploma in a labour law related field, whereas the SA qualification accepts applicants who completed the National Senior Certificate which is a school leaving qualification.
  • The LMU qualification is intended for middle management at an executive-level in the human resources industry, and who are involved in employment law and practice, whereas the SA qualification is an entry qualification designed to equip learners with basic theoretical knowledge, analytical and problem-solving skills to apply general principles pertaining to labour law.
  • The LMU consists of two modules while the SA qualification consists of four compulsory modules.

    Country: Botswana
    Institution: Institute for Labour and Employment Studies (ILES)
    Qualification Title: Diploma in Labour Law
    NQF Level: National Credit and Qualifications Framework (NCQF) Level 6
    Duration: 2 Years Full-time / Part-Time (Block Release) / Online Learning

    Entry Requirements:
  • Have BGCSE OR IGCSE or HIGCSE or equivalent, including a credit in English language. (A minimum of 30 points from your best 6 subjects).
    Or
  • NCQF Level, Certificate V in Law or related area from any recognized institution obtained with a minimum classification of a credit, or an equivalent qualification.

    Purpose/Rationale:
    Diploma in Labour Law aims at cultivating diverse skills and knowledge that will enable the learner to be able to address labour-related issues such as negotiations, arbitration, and mediation in the workplace. The qualification will equip working professionals in the Labour Law field with the knowledge and capacities required to act as dispute resolution practitioners, including Arbitrators, Mediators and Conciliators. It will also be invaluable to trade Union and Employers representatives in enabling them to participate more effectively in labour dispute resolution processes.

    The qualification will provide suitably qualified trainees having initiative, responsibility and the requisite ethical standards to participate in promoting the attainment of fair labour practices and the development of just labour relations. The qualification is accredited by the Botswana Qualifications Authority.

    This qualification is designed for learners who wish to pursue a career as:
  • Mediators.
  • Arbitrators.
  • Negotiators.
  • Union Officials.
  • HR Personnel.
  • Research in Industrial Relations.

    Structure:
    Year 1:
  • Communication and Study Skills comparable to English and Afrikaans Legal Proficiency.
  • Information Technology.
  • Introduction to Law.
  • Legal Research Skills.
  • Constitutional Law.
  • Employment Law 1 comparable to Individual Labour Law and Practice and Collective Labour Law.
  • Labour Law 1 comparable to Individual Labour Law and Practice and Collective Labour Law.
  • Introduction to Labour Social Security Law.
  • Law of Obligations 1 comparable to Legal Philosophy and Ethics.

    Year 2
  • Labour Law II comparable to Individual Labour Law and Practice and Collective Labour Law.
  • Employment Law II. comparable to Individual Labour Law and Practice and Collective Labour Law.
  • Alternative Dispute Resolution.
  • Labour Practice and the Courts comparable to Individual Labour Law and Practice and Collective Labour Law.
  • Law Obligations II comparable to Legal Philosophy and Ethics.
  • Internship.
  • Administrative Law.
  • Occupational Health and Safety.
  • Introduction to International Labour Law
  • Research Essay

    Similarities:
  • The Institute for Labour and Employment Studies (ILES) and the South African (SA) qualifications require applicants who hold the secondary school qualifications or equivalent qualifications.
  • The purpose of ILES and SA qualifications is to equip learners with theoretical and professional knowledge and skills and prepare them for labour law practice, further study or application of labour law knowledge and skill.
  • Both qualifications consist of compulsory modules.

    Differences:
  • The ILES qualification is registered at NCQF Level 6 whereas the SA qualification is registered at SA NQF Level 5.
  • The ILES qualification takes two years to complete while the SA qualification takes one year to complete. 
    		•

    ARTICULATION OPTIONS 
    Horizontal Articulation:
  • Higher Certificate in Legal Studies, NQF Level 5.
  • Higher Certificate in Legal Aspects of Business, NQF Level 5.

    Vertical Articulation:
  • Advanced Certificate in Labour Law, NQF Level 6.
  • Diploma in Labour Law, NQF Level 6.
  • Diploma in Law, NQF Level 6.
  • Bachelor of Arts in Law, NQF Level 7.
  • Bachelor of Commerce in Economics and Law, NQF Level 7.
  • Bachelor of Commerce in Law, NQF Level 7.
  • Bachelor of Laws, NQF Level 8.

    Diagonal Articulation
  • Occupational Certificate: Family Law Practitioner, NQF Level 5. 
    		•

    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.
     
    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.