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:

Bachelor of Procurationis

SAQA QUAL ID	QUALIFICATION TITLE
5997	Bachelor of Procurationis
ORIGINATOR
University of South Africa
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 First Degree	Field 08 - Law, Military Science and Security		Justice in Society
ABET BAND	MINIMUM CREDITS	PRE-2009 NQF LEVEL	NQF LEVEL	QUAL CLASS
Undefined	432	Level 6	NQF Level 07	Regular-Provider-ELOAC
REGISTRATION STATUS		SAQA DECISION NUMBER	REGISTRATION START DATE	REGISTRATION END DATE
Passed the End Date - Status was "Reregistered"		SAQA 091/21	2021-07-01	2023-06-30
LAST DATE FOR ENROLMENT		LAST DATE FOR ACHIEVEMENT
2024-06-30		2029-06-30

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 produce lawyers with graduate-level knowledge, specific skills and applied competence:

to practise as attorneys

to enter related professions as legal advisors, mediators, arbitrators, law consultants, etc.

A second purpose of the qualification is to provide South Africa with significant numbers of law graduates to ensure that the leadership base of innovative and knowledge-based economic and scholarly activity is broadened.

A third purpose of the qualification is to provide the South African and the global community with lawyers who are empowered to accept their responsibility towards the realisation of a just society based on constitutional democracy within a world legal order.

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING

Learners who register for this qualification can:

learn from predominantly written material.

communicate what they have learnt comprehensibly in the medium of instruction.

with guided support, take responsibility for their own progress.

Recognition of prior learning:

This qualification recognises:

Formal prior learning:
Students' prior accredited learning at tertiary level in relevant domains which constitute credit-bearing units is recognised.

Non-formal and informal prior experiential learning:
The law currently requires students to have formal qualifications for admission to university.

RECOGNISE PREVIOUS LEARNING?

QUALIFICATION RULES

The qualification may be awarded in part or as a whole through the recognition of prior learning (RPL). Current legislation requires that students complete 50% of their qualification at the institution which issues the qualification. As long as this is the case, up to 50% of the degree may be awarded through RPL. When it is legally possible to award a whole degree through RPL, we shall do so. Students will be given RPL for individual modules if they can produce a portfolio of evidence that shows that they meet the outcomes and associated assessment criteria specified for that module.

EXIT LEVEL OUTCOMES

Critical Cross-field Outcomes:

1 The BProc graduate can identify, analyse and solve legal problems by using her or his acquired knowledge base responsibly and applying her or his acquired skills to engage critically and creatively with the law in a given context.

2 The BProc graduate can work effectively with others as a member of a team, group, organization or community to contribute to the sound administration of justice, to the development of the law and legal system to meet the needs of society, to the furtherance of a just society based on a constitutional democracy

3 The BProc graduate can manage and organize her or his activities and life responsibly and effectively, including her or his studies within the distance learning context.

4 The BProc graduate can collect, analyse, organize and critically evaluate information, as required in the pursuit of the BProc.

5 The BProc graduate can communicate effectively using language skills in the modes of oral and/or written persuasion in often extensive pieces of sustained discourse.

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

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

Developmental Outcomes:

1 The BProc graduate can reflect on and explore a variety of strategies to learn more effectively (see Critical Outcomes 3 and 5 above).

2 The BProc graduate can participate as a responsible citizen in the life of local, national and global communities (also see Critical Outcome 2 above).

3 The BProc graduate can be culturally and aesthetically sensitive across a range of social contexts (see Critical Outcomes 2 and 7).

4 The BProc graduate can explore education and career opportunities by drawing on the knowledge, skills and attitudes acquired in the achievement of this qualification (see all Critical Outcomes above).

5 The BProc graduate can develop entrepreneurial opportunities by drawing on the knowledge, skills and attitudes acquired in the accomplishment of this qualification (see all Critical Outcomes, plus 4 above).

Specific outcomes:

1 The BProc graduate can recognise the role of the law in everyday life.

2 The BProc graduate can think critically and analytically within a contextual framework.

3 The BProc graduate can solve complex legal problems.

4 The BProc graduate can engage with legal text.

5 The BProc graduate has the academic knowledge to enter a career in law.

6 The BProc graduate can advance legal scholarship in regional and global context.

7 The BProc graduate can act responsibly in her or his chosen career.

8 The BProc graduate can contribute to the realization of a just society based on a legal democracy.

ASSOCIATED ASSESSMENT CRITERIA

Assessment Criteria associated with Critical Cross-field Outcomes:

1. Relate everyday situations to the law.
* identify legal problems in real-life or simulated factual situations.
* analyse the nature of different legal problems.
* recognise, appreciate and evaluate different angles to the same problem.
* gather all relevant legal sources which may aid in solving a given problem.
* engage critically and analytically with legal materials in order to make a responsible selection of potentially relevant material with due regard to the weighting of different authorities.
* present different perspectives on the same legal problem.
* use their knowledge base to critically evaluate different options in solving a legal problem.
* present authoritative substantiated argument, based on the responsible use of legal authority, in support of a solution to a given problem.
* use their knowledge and skills creatively to offer suggestions for solving new problems at a community, national, international and global level.
* solve legal problems in South Africa creatively by responsible comparison to and critical evaluation of solutions in other legal systems, as well as global trends.

2. Show evidence of their understanding that the law has to balance different powers and competing interests of individuals and groups in society.
* acknowledge, demonstrate and promote tolerance of diversity within their community, South Africa and globally.
* respect and investigate different opinions without pre-conceived bias.
* demonstrate their understanding of the different roleplayers in the legal process.
* realize their responsibility to take part in legal development on local, provincial, national and international level.
* provide scholarly leadership within their community.

3. Demonstrate the requisite study skills and learning strategies.
* organize and manage their study plans.
* use creative and various learning strategies which suit their personal situations and contexts.
* cope with the self-discipline necessary for distance learning.
* cope with a wide variety of different areas of the law presented in different modules and make the necessary links between these areas of the law.
* assess their own strengths and weaknesses and develop coping strategies.

NOTE: These outcomes and assessment criteria may be entry competences for many distance learners who are already working in a professional job with the aim to become a lawyer.

4. Demonstrate basic research skills.
* find relevant source material in the library, on the internet, etc.
* use the library and other resources effectively to suit their individual needs.
* use library and other resources effectively to suit the needs of the particular area of research.
* analyse and critically evaluate all relevant information to select specifically applicable material for a specific legal issue.
* organize relevant material with due regard to the weighting of different sources of law.
* act responsibly and ethically as a researcher and a scholar, e.g. appropriate referencing, avoiding plagiarism, etc.
* show awareness of the conventions of scholarship in their discipline.
* present substantiated arguments, opinions and solutions, based on their research.

5. Analyse a given situation and explain the legal issue involved.
* communicate their interpretation of legal sources in their own words.
* demonstrate their understanding of different points of view.
* argue an issue from different perspectives.
* provide a balanced, objective evaluation of a legal issue.
* present substantiated legal argument coherently within a given context.
* critically evaluate counter argument and respond in a responsible and accountable manner.
* follow the language conventions of written and/or oral use in the discipline of law.
* use authorities responsibly to substantiate legal argument.

6. Select the appropriate technology (computers, internet, etc.) for learning, research and communication.
* use available technology responsibly to enhance learning and scholarship.
* recognise the ethics and legal issues involved in the use of technology.

7. Identify similar situations in comparable legal systems and seek harmonising solutions.
* appreciate and tolerate cultural and religious diversity as manifested in different legal orders.
* realize South Africa's contribution to a just world legal order.

Assessment Criteria associated with Developmental Outcomes:

1. Learn by means other than rote-learning.
* explain what they know in their own words.
* follow academic conventions regarding referencing and avoid plagiarism.
* use help-seeking strategies to further their own learning and that of others.
* apply what they study in different contexts, both real and simulated.
* display self-awareness of learning preferences and strategies to suit their needs.
* show evidence of effective study skills (e.g. note-taking, summarizing, analysis and synthesis).

2. Identify, interpret and accommodate cultural, religious and other types of diversity within a given context with a view to solving real or potential problems of conflict.
* seek just and harmonising solutions to solve conflict within local, national and global communities.
* provide the relevant authoritative and persuasive sources and materials for responsible decision-making.
* consider all different points of view and take responsible decisions on the grounds of their acquired knowledge base and lawyering skills.
* apply the constitutional values of equality, liberty, freedom, respect for others, etc within their community.
* assume leadership and lead responsibly in matters relating to law in their community.
* advance legal scholarship in areas of the law where there is a need for legal development and/or reform within their community.
* realize their responsibility to engender respect for the law within their community.
* strictly adhere to the ethics of the legal profession.
* contribute to the realization of a just and democratic society based on constitutional values.

3. Show awareness of cultural diversity and interpret this within the constitutional framework.
* create mechanisms for conflict resolution across social divides.
* recognise unique cultural constructs and accord these their rightful place within the law.
* recognise, appreciate and protect creations of the human mind as well as aspects of the human personality.

4. Illustrate the relationship between the knowledge, skills and attitudes acquired in studying towards the BProc and those of the community at large (locally, regionally and globally).
* make connections between theoretical knowledge and practical application in the real world.
* identify the lawyering skills which are highly valued in the workplace and other sectors of society.
* use the skills required for efficiency in most jobs: objective, critical and analytical evaluation of situations; respect for and interpretation of other opinions; responsible, substantiated and fair decision-making; effective communication skills and interpersonal sensitivity.
* deal effectively with problems and tasks as they arise in the real world by drawing upon the skills from the BProc (critical thinking, problem-solving, conflict resolution, etc).
* demonstrate their sense of and commitment to legal ethics.
* use their acquired knowledge base, skills and attitudes to enter the legal profession.

5. Identify and address the need for legal services within their community.
* have a realistic view of their own worth and value to contribute to their local community, regional and global society.
* communicate that value to others in the real world.
* demonstrate a healthy self-esteem and confidence in their knowledge, skills and attitudes as required to complete the BProc qualification.
* deal with various unfamiliar situations drawing upon their acquired knowledge base and lawyering skills.
* demonstrate that they have the academic knowledge to manage a legal office effectively.

Assessment Criteria associated with Specific outcomes:

1. Identify legal issues in real or simulated fact scenarios.
* interpret and analyse daily occurrences within a legal framework.
* show potential to develop the law within a regional and global context to cope with modern-day challenges and problems.

2. Interpret and explain legal problems within a given context.
* provide an unbiased and balanced perspective on a legal problem.
* consider different points of view and critically evaluate these in terms of their acquired knowledge base and lawyering skills.

3. Find the relevant sources and authorities to solve legal problems.
* analyse and critically evaluate the relevance and applicability of legal sources and authorities to an identified problem.
* select the most authoritative legal materials to solve a problem.
* consider and critically evaluate different solutions to a problem and contemplate the consequences of each solution for future legal development.
* provide substantiated responses, based on their acquired knowledge base.
* provide responsible advice on an appropriate cause of action.

4. Read, understand and interpret legal text within a contextual framework.
* reflect on views expressed in text and critically evaluate and debate these.
* use legal text to support arguments and solutions.

5. Draft legal documents.
* interpret legal documents.
* advise parties in legal proceedings.
* represent parties in legal proceedings, for example in a court of law, arbitration proceedings, etc.
* demonstrate that they have the academic knowledge to manage a legal office.
* to use technology responsibly, effectively and appropriately.

6. Reflect on and critically evaluate legal theory and practice.
* recognise areas in need of legal development or law reform.
* apply historical and/or comparative methods to develop answers to current issues and problems.
* interpret the legal implications of South African conditions in a regional and global perspective.

7. Realize and act in accordance with the ethics and code of conduct required of a lawyer.
* understand their responsibility as lawyers in a constitutional democracy and act accordingly.

8. Use their acquired skills and knowledge to advance legal awareness within their communities.
* reflect on problems in society and seek responsible solutions.
* interpret and apply the underlying constitutional values to problems in society.
* show an awareness and tolerance of diversity and seek harmonizing solutions.
* deal with conflicting interests within a community, locally, regionally as well as globally.
* harmonize conflicting interests arising from all relationships (for example state/state, state/individual, individual/individual).

Integrated assessment for the purpose of the qualification:

1. Formative assessment: Learning and assessment are integrated: The study material contains self-assessment activities with feedback. The scheme of work includes assignments based on the learning material and students are given feedback. The process is continuous and focuses on smaller sections of the work and limited numbers of outcomes.

2. Summative assessment: Examinations and activities assess a representative selection of the outcomes practised and assessed in the formative stage. Summative assessment also tests the learner's ability to manage and integrate a large body of knowledge to achieve the stated outcomes of a module. Furthermore, it assesses the basic research skills that the learner has acquired.

INTERNATIONAL COMPARABILITY

International comparators:
Unisa is part of an internationally recognised accreditation system whereby university qualifications are valuated against international comparators and accredited accordingly, for example, Unisa's qualifications are accredited in the International Handbook of Universities and the Commonwealth Universities' Handbook.

ARTICULATION OPTIONS

1. The qualification will articulate with those of other universities and other qualifications. For example, recognition will be given to similar modules completed at other tertiary institutions.

2. Upon completion of the BProc, students have a number of options for further study. For example, students may complete the required modules for the LLB degree. Alternatively, BProc graduates who have passed their attorney's admission examinations may register for the structured course work LLM degree (which in this particular instance includes 6 LLB modules). They may also register for specialised certificate or diploma courses which require a BProc for admission.

3. Entry into profession: BProc graduates can enter the legal profession in accordance with the legal requirements set by the profession.

MODERATION OPTIONS

Within Unisa, first examiners set and assess activities and examinations. In the case of activities, the quality is checked by course co-ordinators or team leaders and by the head of department. In the case of examinations, a system of internal second examiners is used to moderate papers, the marking process and the marked scripts. Such second examiners are senior members of staff.

In addition, external examiners (senior academics at other universities or members of the legal profession or judges) act as moderators of examination papers and marked scripts for certain modules.

Members of the legal profession (e.g. the Law Society), as well as the Department of Justice (Director of Justice College), are permanent members of the Faculty Board of the Law Faculty and give their input regarding the curriculum. Members of the profession are also used as external examiners and moderators.

Members of the legal profession and judges are used in the assessment of practical activities (e.g. moot courts).

CRITERIA FOR THE REGISTRATION OF ASSESSORS

1. Our own staff will be used as assessors within the quality management system of Unisa. We will also appoint external assessors. A system of workplace assessment might be initiated where appropriate.

2. The quality management system:

Qualifications: The minimum requirement for appointment as a lecturer or external marker at Unisa is an LLB degree and appropriate experience. In the case of workplace assessment, appropriate professional criteria will be drawn up.

Mentorship: All junior and new members of staff are mentored by senior members as they work together in teams. All assessment done by external markers is quality-controlled by internal staff.

Training: All new members of staff undergo an orientation session with the Bureau for University Teaching. All members of staff have access to the Bureau for University Training's website on assessment and may apply for special training in aspects of assessment at any time. External markers attend markers' meetings prior to assessing assignments or examinations and are given clear guidelines on how to assess particular pieces of work.

REREGISTRATION HISTORY

As per the SAQA Board decision/s at that time, this qualification was Reregistered in 2006; 2009; 2012; 2015.

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.

1.	University of South Africa