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 THAT HAS PASSED THE END DATE:

Diploma: Legislative Drafting

SAQA QUAL ID	QUALIFICATION TITLE
13782	Diploma: Legislative Drafting
ORIGINATOR
Vista University
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 Diploma	Field 08 - Law, Military Science and Security		Justice in Society
ABET BAND	MINIMUM CREDITS	PRE-2009 NQF LEVEL	NQF LEVEL	QUAL CLASS
Undefined	480	Level 7	Level TBA: Pre-2009 was L7	Regular-Provider-ELOAC
REGISTRATION STATUS		SAQA DECISION NUMBER	REGISTRATION START DATE	REGISTRATION END DATE
Passed the End Date - Status was "Reregistered"		SAQA 2663/05	2006-07-01	2009-06-30
LAST DATE FOR ENROLMENT		LAST DATE FOR ACHIEVEMENT
2010-06-30		2014-06-30

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

1. Develop the skills in the field of legislative drafting of legal advisers who are available to the national, provincial and local governments of the Republic of South Africa, the Southern African Development Community countries, and the Commonwealth countries of the African continent.

2. Equip the learner intellectually to obtain an insight into the principals and methodology that underlie the drafting of legal instruments, and to obtain a high level of competency in this discipline.

3. Equip the learner with analytical and interpretative competencies which are to be applied to the drafting of legislation and other legal instruments.

4. Inculcate knowledge and understanding of the values of democracy, governance, constitutionalism, the rule of law, and respect for human rights.

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING

The learner must possess a recognised law degree.

RECOGNISE PREVIOUS LEARNING?

EXIT LEVEL OUTCOMES

The qualifier has knowledge of:

1. The legislative process, the nature of legislation, reasons for using a particular drafting style, and basic principles of grammar.

2. The linguistics of legislative texts

3. The format of legislative texts

4. The structure of legislative texts

The qualifier is able to:

1. Plan, manage and execute the drafting of legislation

2. Compose grammatically correct and meaningful legislative sentences

3. Work within the rules of statutory interpretation, work under the Interpretation act,
4. work under the Constitution, and in particular work with fundamental human rights provisions

5. Amend legislation, draft various kinds of provisions, and draft subsidiary legislation

The values instilled in the learner are amongst others:

1. A greater awareness and knowledge of societal issues

2. A well-developed sensitivity for cultural values in society

3. Independent assessment, self-study, self-discipline and initiative

4. Tolerance, and an acute sense of legality in respect for the rule of law.

ASSOCIATED ASSESSMENT CRITERIA

1. Undertaking independent research and writing at an advanced level

2. Properly formatting a piece of legislation

3. Correctly drafting amendments, substantive and administrative provisions, and penal, transitional and savings provisions.

4. Normalising legislative language

5. Undertaking independent research and writing at an advanced level, and

6. Independently analysing problems relating to legislation, and their solutions.

INTEGRATED ASSESSMENT

The learner's performance is evaluated, and the learner's improvement is encouraged and guided within a continuous and regular assessment regime. Formative assessment is conducted in workshop discussions and by assignments. Regular meetings between the learner and his/her lecture take place during which aspects pertaining to the prescribed material and the drafting of assignments are discussed. Unsatisfactory assignments are returned to the learner with comments by the tutor, which will assist the learner in the redrafting of the assignment. This process is repeated until the submitted draft is of an acceptable standard. Exercised prescribed and done during workshops are assessed and corrected under the guidance of the lecturer.

In conjunction with formative assessment, summative assessment determines whether the learner is awarded the qualification. The eight prescribed assignments are submitted and examined by the lecturer.

The learner must complete the prescribed assignments which will be assessed by the lectures.

After successful completion of this programme, the learner will jointly awarded a Postgraduate Diploma in Legislative Drafting by jointly Vista University and the Commonwealth of Learning (COL), in Vancouver, Canada.

ARTICULATION OPTIONS

Internally the student may move vertically by undertaking an LLM in Legislative Drafting.

MODERATION OPTIONS

Moderation of the programme will be undertaken by the Faculty Board, the Senate and the Council

CRITERIA FOR THE REGISTRATION OF ASSESSORS

Internal assessors will be lectures in the course who are appointed on the basis of their expertise, and external assessors who are lecturing in the course in other institutions or who have extensive experience in drafting legilation

REREGISTRATION HISTORY

As per the SAQA Board decision/s at that time, this qualification was Reregistered in 2006.

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.

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