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:

Postgraduate Diploma: Notarial Practice

SAQA QUAL ID	QUALIFICATION TITLE
17211	Postgraduate Diploma: Notarial Practice
ORIGINATOR
LAW SOCIETY OF SOUTH AFRICA
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY			NQF SUB-FRAMEWORK
-			HEQSF - Higher Education Qualifications Sub-framework
QUALIFICATION TYPE	FIELD		SUBFIELD
Postgraduate Diploma	Field 08 - Law, Military Science and Security		Justice in Society
ABET BAND	MINIMUM CREDITS	PRE-2009 NQF LEVEL	NQF LEVEL	QUAL CLASS
Undefined	300	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 "Registered"		SAQA 9900/00	2003-07-01	2006-06-30
LAST DATE FOR ENROLMENT		LAST DATE FOR ACHIEVEMENT
2007-06-30		2011-06-30

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

The primary purpose of the qualification is to extend both the academic and practical knowledge of attorneys. They are required by study and with the practical training to learn specific skills, more particularly relative to the drawing and arresting of contracts and other legal documentation and to increase their practical legal knowledge so as to be admitted as notaries by the High Court of South Africa.

The second purpose is to provide South Africa with a significant number of admitted notaries with high ethical standards, who are responsible and respected members of the Legal Society, Officers of the court and practitioners, whose signature to a document is accepted around the world for purposes of authenticating such document

The third purpose of the qualification is to provide South Africa and the global community with notaries who are empowered to accept their responsibility and contribute to the economic activity of the country and to ensure a just society based on constitutional democracy within a world legal order.

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING

It will be assumed that candidates have had previous legal training or hold a degree of diploma in law. Successful candidates will only be admitted as notaries if they have already been admitted as attorneys.

RECOGNISE PREVIOUS LEARNING?

EXIT LEVEL OUTCOMES

Critical Cross-field Outcomes:

All critical cross-field outcomes are appropriately embedded in the in-practice training that leads up to the qualification. They will be assessed within the context of the programme.

1. The candidate can identify and solve legal problems by making responsible decisions on the basis of critical and creative thinking within a given legal context.

2. The candidate can work effectively with others as a member of a team, group, organisation or community to meet the needs of their clients in a constitutional democracy.

3. The candidate can manage and organise her or his activities and life responsibly and effectively.

4. The candidate can collect, analyse, organise and critically evaluate information, as required for notarial practice.

5. The candidate can communicate effectively, using language skills in the modes of oral and/or written persuasion.

6. The candidate can use technology effectively and critically, showing responsibility towards the environment.

7. The candidate can demonstrate understanding of the world as a set of related systems by recognising that problem solving contexts do not exist in isolation.

Developmental Outcomes:

In order to contribute to the full personal development of each learner and the social and economic development of the society at large, it must be the underlying intention of any programme of learning to make an individual aware of the importance of the following developmental outcomes:

1. The candidate can reflect on and explore a variety of strategies to learn more effectively.

2. The candidate can participate as a responsible citizen in the life of local, national and global communities.

3. The candidate can be culturally and aesthetically sensitive across a range of social contexts.

4. The candidate can explore education and career opportunities.

5. The candidate can develop entrepreneurial opportunities.

Specific Outcomes:

The candidate is preparing to be admitted as a notary and is therefore required to acquire specific knowledge, skills and values essential for practicing as a notary. The specific outcomes show how knowledge, skills and values are integrated in the qualification that falls within the SAQA field of Law, Military Science and Security.

1. The learner knows and can apply South African law with which notaries are required to deal with in the course of their practice.

2. The learner can prepare and draft all types of notarial deeds and documents.

3. The learner can register all types of notarial deeds.

4. The learner can communicate effectively with clients, colleagues, officials and institutions, orally and in writing, on any matter pertaining to notarial practice.

ASSOCIATED ASSESSMENT CRITERIA

Critical Cross-field Assessment:

In the form of practical experience and examinations, case studies and consultations with clients, learners will be assessed on their ability to:

1.

Identify legal issues in fact complexes presented by clients.

Analyse the nature of and determine the area of law within which a legal issue falls within the framework of South African law.

Gather all relevant legal sources for the solution of an identified legal problem.

Consider and critically evaluate all possible solutions to a specific legal problem with due regard to the responsible use of legal authorities and the interests of the client.

Seek, in a creative yet responsible manner, an appropriate solution to the problem of a particular client with due regard to the implications and consequences of that solution for that client and advise the client accordingly.

Produce authoritative substantiated legal argument in support of a solution to a given legal problem.

Draft documentation for registration in the Deeds Registry and Mining office.

2.

Demonstrate that they can work effectively with colleagues.

Listen and consider different points of view without pre-conceived bias.

Show and promote tolerance of diversity in their local community, South Africa and globally.

Demonstrate the application of acquired skills to reach consensus within the parameters of cultural and social diversity.

Realise their responsibility to assume leadership roles in society in regard to legal issues.

3.

Run and manage a notarial practice responsibly and effectively.

Manage the affairs of clients responsibly and effectively.

Put in place the necessary procedures and mechanisms to ensure that all requirements for the running of a notarial practice are fully and effectively complied with.

4.

Conduct research into legal problems.

Find all sources relevant to a given legal problem.

Analyse and critically evaluate all relevant source material to select specifically applicable material for a particular legal issue.

Organise relevant applicable material to present authoritative legal argument in support of a solution to a given problem.

5.

Analyse a fact complex, as presented by a client, and explain the legal issue involved to the client in a comprehensible manner.

Explain different available courses of action and the implications and consequences of each of these for the client.

Assist the client in making a responsible decision regarding the course of action to be taken.

Prepare legal documents in accordance with the language conventions pertaining to law.

Explain the meaning and implications of the content of legal documents to clients.

6.

Effectively use appropriate technology to find legal sources and materials, e.g. the Internet, and to communicate effectively with clients.

Recognise the ethics and legal issues involved in the use of technology and use technology responsibly.

Deal effectively with legal issues pertaining to the use of e.g. the Internet.

Stay abreast of legal developments in regard to technology.

7.

Show an understanding of the interaction between law and society in the multi-cultural South African community and seek appropriate solutions to legal issues.

Apply legal principles to solve legal issues within a constitutional democracy.

Make comparative reference to solutions in comparable legal systems, where necessary, for the solution of legal issues.

Display an appreciation of cultural and religious diversity in different legal orders.

Appreciate the position of the South African legal system within Africa and the world.

Understand and apply international law, including regional and international conventions.

Developmental Assessment:

In the form of practical experience and examinations, case studies and consultations with clients, learners will be assessed on their ability to:

1.

Relate and apply acquired theoretical knowledge to practical legal issues in real-life scenarios.

Accept guidance from senior members of the profession and benefit from their expertise.

Decide on their own method of recording practical experience for future reference.

Use appropriate methods and technology to stay abreast of legal developments.

Take responsibility for the acquisition and application of specific lawyering skills during practical training.

2.

Contribute to the realisation of a just and democratic society based on the sound interpretation of constitutional values.

Assume leadership and lead responsibly in matters relating to law in their community.

Strictly adhere to the ethics of the legal profession.

Actively participate in and respond in a responsible manner to legal issues at a local, as well as a global level.

3.

Show awareness of cultural and religious diversity and interpret this within the constitutional framework.

Seek appropriate solutions to solve internal conflicts occasioned by the diversity of personal and religious legal systems.

4.

Use their acquired knowledge base, skills and attitudes to become a notary.

Identify the skills necessary to run a notarial practice.

Deal effectively with typical problems which arise in a notarial practice by using acquired skills of critical and analytical thinking, as well as communication skills.

Contribute to the training of prospective notaries.

5.

Identify and address the need for notarial services within their community.

Specific Assessment:

In the form of practical experience and examinations, case studies and consultations with clients, learners will be assessed on their ability to:

1.

Know the various statutes, regulations, ordinances, government notices, official circulars, decided cases and common law applicable to the notarial profession.

Know the practice, junctions, ethics, duties, obligations of notaries and the professional conduct expected from them.

Analyse and critically evaluate notarial matters.

Apply their acquired knowledge and skills to manage a legal notarial practice.

Use sources of law to research legal problems within the area of expertise of a notary.

Offer appropriate legal advice and solutions.

2.

Comply with the formalities for the validity of all documents dealt with by notaries.

Prepare and draft all notarial deeds such as deeds of servitude, notarial bonds, ante-nuptial and post-nuptial contracts, etc. which comply with all legal requirements.

Draft documentation for registration in the Deeds Registry and Mining Titles office.

Authenticate documentation for despatch both locally and overseas.

3.

Comply with the formalities in regard to the execution and registration of all types of notarial deeds.

Use their acquired knowledge to respond to and resolve queries by the relevant registration authorities.

4.

Effectively conduct oral consultations with clients.

Extract all relevant information from clients and provide informed and appropriate feedback.

Explain the legal position to a client, orally or in writing, and advise the client on the appropriate legal action to be taken.

Deal responsibly and effectively with queries of clients, colleagues and officials.

Communicate and correspond effectively with clients, colleagues, officials and institutions on all matters relating to notarial practice.

Integrated assessment:

1. Candidates are continuously evaluated on practical experience.

2. Summative assessment: An official admission examination assesses the totality of outcomes in an integrated manner; the learner's ability to manage and integrate a large body of knowledge to achieve the stated outcomes is assessed. This includes the assessment of drafting skills, research skills, as well as critical and analytical thinking and the ability to reach substantiated solutions in practical situations.

3. The High Court admits candidates as notaries upon application to the Court on condition that they have complied with all statutory requirements for such admission.

ARTICULATION OPTIONS

Admission as an attorney is a condition for admission as a notary.

MODERATION OPTIONS

The Law Society of South Africa oversees all training and assessment. In terms of section 14 of the Attorneys Act 53 of 1979, as amended, the judge president of a provincial division may, after consultation with the president of the law society concerned, appoint an examination panel for arranging, controlling and conducting the notaries' admission examination.

CRITERIA FOR THE REGISTRATION OF ASSESSORS

Assessors are appointed in terms of the Attorneys Act of 1979, as amended.

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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