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: 

Diploma: Law 
SAQA QUAL ID QUALIFICATION TITLE
79446  Diploma: Law 
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 Diploma  Field 08 - Law, Military Science and Security  Justice in Society 
ABET BAND MINIMUM CREDITS PRE-2009 NQF LEVEL NQF LEVEL QUAL CLASS
Undefined  360  Not Applicable  NQF Level 06  Regular-Provider-ELOAC 
REGISTRATION STATUS SAQA DECISION NUMBER REGISTRATION START DATE REGISTRATION END DATE
Registered-data under construction  EXCO 0324/24  2024-07-01  2027-06-30 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2028-06-30   2032-06-30  

Registered-data under construction

The qualification content is currently being updated for the qualifications with the status “Registered-data under construction” or showing “DETAILS UNDER CONSTRUCTION” to ensure compliance with SAQA’S Policy and Criteria for the registration of qualifications and part-qualifications on the National Qualifications Framework (NQF) (As amended, 2022). These qualifications are re-registered until 30 June 2027 and can legitimately be offered by the institutions to which they are registered.

 

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.  

PURPOSE AND RATIONALE OF THE QUALIFICATION 
Purpose:

The purpose of this qualification is for students to gain knowledge, skills and experience in general areas of the law and the application and social context of the law so as to enable the student to provide primary legal services to the public and support to legal professionals.

A student acquiring this qualification will have skills, knowledge and experience to:
  • Apply advanced paralegal knowledge and understanding of law to a specific problem within the South African legal context.
  • Conduct and evaluate legal research and make recommendations based on the findings of the research.
  • Communicate, in writing or orally with internal and external clients in a paralegal or legal workplace.
  • Advise, counsel and represent clients in a variety of settings.
  • Draft legal documents in a paralegal context.
  • Solve problems in a paralegal context by working in a team and individually.
  • Manage administration, including financial administration, and provide organisational support in an office environment.
  • Exercise ethical conduct, values and professionalism when dealing with clients.

    Rationale:

    This qualification is meant to prepare qualifying students for practice as paralegal practitioners in all sections of the sector, which include:
  • Community-based advice offices.
  • Non-governmental organisations.
  • Public institutions
  • Commercial institutions
  • Private practices

    Many indigent people continue to be denied access to primary legal services, as a result of, 'inter alia', unjust past policies, legislation and practice. People from historically disadvantaged backgrounds continue to face challenges in gaining access to the legal profession. The response to these historical constraints has been the development of a paralegal sector. The problems in the criminal justice system and social need for access to justice continue to demonstrate the value of a paralegal sector. There is increasing demand for quality primary legal services. Paralegals provide essential support to indigent communities, as well as technical support to legal practitioners in private, commercial, public and non-profit organisations. This diploma addresses a significant demand in the industry for qualified paralegal practitioners (paralegals).

    This qualification will establish minimum standards and contribute to quality service provision throughout the sector. By providing a corps of knowledgeable, skilled paralegals, the qualification will increase access to affordable primary legal services. The diploma includes outcomes that expand on and reinforce the student's value system, and will therefore contribute in assisting community members affected by misconduct and unethical behaviour.

    The diploma includes legal, administrative and social knowledge and skills. It is aimed at a developing, changing and diverse sector. The diploma intends to equip students with the necessary life skills and has an integrated approach to developing Critical Cross Field Outcomes.

    This qualification will provide a career-path for those qualifying students intending to further their studies in all sectors of the paralegal or legal profession. 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    It is assumed that students enrolling for this qualification will be competent in:
  • Communication at NQF Level 4.
  • Mathematical Literacy at NQF Level 4.
  • Computer Literacy at NQF Level 3.
  • Learning from predominantly written material.
  • Communicating what they have learnt comprehensibly in the medium of instruction.
  • Taking responsibility for their own progress with guided support.

    Recognition of Prior Learning:

    All admission through Recognition of Prior Learning must be in accordance with the principles laid down in the Unisa RPL Policy.

    This qualification can be achieved in part (50%) through recognition of prior learning. However only 10% of intake to this programme may be through Recognition of Prior Learning.

    The Unisa Recognition of Prior Learning office can supply full details of processes and procedures relating to the assessment and accreditation of learning from prior experiences. Evidence can be presented in a variety of forms, including international or previous local qualifications, reports, testimonials mentioning functions performed, work records, portfolios, videos of practice and performance records.

    All such evidence should be judged according to the general principles of assessment described in the notes to assessors. Unisa lecturers will act as assessors for Recognition of Prior Learning purposes.

    Access to the Qualification:

    Access is open to learners in possession of a National Senior Certificate with appropriate subject combinations and levels of achievement for admission to diploma study, as defined in the Minister's policy, "Minimum Admission Requirements for Higher Certificate, Diploma and Bachelor's Degree Programmes Requiring a National Senior Certificate", Government Gazette vol 482 No 27961, 18 August 2005. 
    		•

    RECOGNISE PREVIOUS LEARNING? 
    Y 

    QUALIFICATION RULES 
    The qualification consists of 30 compulsory modules, each worth 12 credits, made up as follows:
  • Ten compulsory modules at NQF Level 5 (120 credits):
    > Introduction to law.
    > Skills course for law students.
    > End user computing.
    > Introduction to paralegal studies.
    > Practicing workplace English.
    > Business practice and workplace ethics.
    > Introduction to criminal law.
    > Law of persons.
    > Democracy and public participation.
    > Citizenship law.
  • Ten compulsory modules at NQF Level 6 (120 credits):
    > Constitutional and administrative law.
    > Indigenous law.
    > Family law.
    > Social welfare law.
    > Forms of business enterprise.
    > Paralegal practice.
    > Law of succession.
    > Environmental law and awareness.
    > Interpretation of statutes.
    > Legal aspects of small businesses.
  • Ten compulsory modules at NQF Level 7 (120 credits):
    > Individual labour law.
    > Collective labour law.
    > Land and housing.
    > Law of contract.
    > Law of delict.
    > Evidence.
    > Local government law.
    > Education law.
    > Consumer law.
    > HIV/AIDS and the law.

    Total for the qualification: 360 credits. 
    		•

    EXIT LEVEL OUTCOMES 
    1. Apply advanced paralegal knowledge and understanding of law to a specific problem within the South African legal context.

    2. Communicate with clients in a paralegal or legal workplace.
    > Range: Communication refers to written and oral communication.

    3. Advise, counsel and represent clients in a variety of settings.

    4. Draft legal documents in a paralegal context.

    5. Solve problems in a paralegal context by working in a team and on one's own.

    6. Manage administration, including financial administration, and provide organisational support in an office environment.

    7. Apply ethical conduct, values and professionalism when dealing with clients.

    Critical Cross-Field Outcomes:

    In particular when assessing the applied competence (practical, foundational and reflective competencies) of this qualification, assessors must assess the ability of the student to:
  • Identify and solve problems in which responses display that responsible decisions, using critical thinking, have been made.
  • Work effectively with others as a member of a team, organisation or legal community.
  • Organise and manage the student and the student's activities responsibly and effectively.
  • Collect, analyse, organise and critically evaluate information.
  • Communicate effectively using visual, mathematical, and language skills in the modes of written and oral presentation.
  • Use technology effectively and responsibly.
  • Demonstrate an understanding of the world as a set of related systems by recognising that problem solving in the legal and paralegal context does not exist in isolation.
  • Demonstrate an awareness of the student in participating as a responsible citizen in local, national and global communities.
  • Demonstrate an awareness of the student's role in generating sensitivity to diversity and culture across a range of social contexts. 
    		•

    ASSOCIATED ASSESSMENT CRITERIA 
    Associated Assessment Criteria Exit Level Outcome 1:
  • Relevant facts within a specific problem are analysed.
  • Applicability of relevant law to a specific problem is evaluated.
  • Solutions for specific problems from relevant law are explained.

    Associated Assessment Criteria Exit Level Outcome 2:
  • Relevant law is communicated to the client.
  • Relevant legal procedures are communicated to the client.
  • Appropriate legal solutions are communicated to the client.
  • Support and assistance is provided to the principal in a law office orally and in writing.

    Associated Assessment Criteria Exit Level Outcome 3:
  • Various options and their consequences are outlined to facilitate clients' decision-making.
  • Principles of alternative dispute resolution mechanisms are applied.
  • Clients' interests are represented in relevant forums.

    Associated Assessment Criteria Exit Level Outcome 4:
  • Basic requirements for drafting legal documents are described.
  • Legal documents are drafted in a paralegal context.

    Associated Assessment Criteria Exit Level Outcome 5:
  • Sources of South African law and other selected subjects or laws are examined to determine the relevant legal principles.
  • Solutions to problems are identified according to the relevant legal principles.
  • Appropriate courts, institutions, specialists and procedures are recommended to clients, with relevant follow-up.

    Associated Assessment Criteria Exit Level Outcome 6:
  • Project meetings and workshops are arranged and supported competently.
  • Administrative systems are appropriately implemented.
  • Finances are effectively controlled.
  • Paralegal assistants are supervised and supported.

    Associated Assessment Criteria Exit Level Outcome 7:
  • The concept of accountability is understood.
  • Confidentiality of clients is maintained.
  • Ethical and professional principles are demonstrated when assisting clients.
  • The principles of integrity and honesty are understood.

    Integrated Assessment:

    For award of the qualification, a candidate must achieve each of the compulsory modules as per Annexure A.

    In addition, candidates must demonstrate the ability to perform effectively as a Paralegal Practitioner in any of the paralegal sectors, dealing with divergent and "random" demands related to these work operations. Evidence is required that the candidate is able to achieve the purpose of the qualification as a whole at the time of the award of the qualification.

    Assessors should assess and give credit for the evidence of learning that has already been acquired through formal, informal and non-formal learning and experience. 
    		•

    INTERNATIONAL COMPARABILITY 
    The National Paralegal Institute of South Africa (NPI-SA), conducted a web-site survey to determine international comparability of the SGB diploma (qualification code 49598) on which this diploma is based.

    The survey was conducted among leaders of various paralegal associations, service providers and paralegal learners in the different countries. Research articles on paralegals and paralegal education were also examined. Finally, specific qualifications were compared.

    The survey results reveal international comparability in terms of the timeframe for the qualification, the access to the qualification, the ability to acquire the qualification through workplace learning and many of the competencies addressed in the qualification. The Diploma`s principles of flexibility and an emphasis on integrating legal and administrative skills were also found to be comparable.

    All qualifications compared cater for a particular sector of paralegals. South Africa is unique in seeking to address the needs of paralegals working in all sectors.

    International comparability was tested in the following countries:

    Australia:

    1. The Southern Cross University`s Associate degree in Law (Paralegal Studies) compares favourably with this Diploma. It includes courses on legal research and writing, interviewing, negotiations and ethics, criminal process and an introduction to the Australian legal system.

    2. The Kelly Colleges Diploma of Paralegal Studies compares favourably with this Diploma. It includes courses on trust accounts, litigation, the Australian legal system, legal office practice and legal knowledge in general. The Diploma also shares the principle of producing paralegals for a wide range of sectors - excluding only non-profit and community-based sectors.

    Botswana:

    The Diploma in Law offered by the University of Botswana compares favourably with this Diploma. This two-year programme includes an introduction to the Botswana legal system and a second year streaming into the public, private or commercial sector.

    Canada:

    1. Comments were received from Diane Giroux, President Paralegal Association of Paralegals and member of the Montreal Chapter of Legal Assistant Managers Association. Research reports from the Law Society of Upper Canada and an article by John G Kelly were also examined. It emerged that in Canada most paralegals have college or university degrees.

    2. This Diploma compares favourably with the Programme: Law Clerk and Programme: Court and Tribunal Agent from Fleming College. Both diplomas contain:
  • Courses on the judicial and social systems in Canada.
  • Life skill courses.
  • Skills courses including legal research, communication, computer skills.

    Alternative Dispute Resolution:
  • Legal courses relevant to practice.
  • Courses on professional conduct.

    Indonesia:

    The programme in law offered by the Diponegoro University compares favourably with this Qualification. The programme includes general courses, basic legal courses, advanced courses, additional skills courses, improvement of legal skills courses and elective courses.

    Kenya:

    The Diploma in Law offered by the Kenya School of Professional Studies compares favourably with this Qualification. The Diploma includes courses on an introduction to Kenya law and legal system, constitutional and administrative law, legal research, social and professional ethics, legal writing and drafting and an internship.

    Namibia:

    The National Diploma in Legal Assistance being developed by the Polytechnic of Namibia was compared with this Qualification. The two qualifications share the principle of producing paralegals for a wide range of sectors including the community-based sector.

    United Kingdom:

    1. The Advanced Certificate in Information, Advice and Guidance compares favourably with the Diploma focusing on the community-based sector. That qualification includes unit standards in:
  • Principles and Practice.
  • Referrals.
  • Ethical Issues.
  • Providing information to clients.
  • Managing information resources.
  • Working within Networks.
  • Organising and using information.

    2. The Advanced award in managing voluntary and community organisations would compare favourably with the Diploma focusing on the community-based sector, especially at the elective level. That qualification includes unit standards in:
  • Promoting equality in organisation.
  • Core values and legal frameworks.
  • Planning and policy.
  • Business planning.

    3. The unit standards - Community Mediation Skills; Making Choices, Managing Learning; Facilitator Training; Managing Your Voluntary/Community Organisation; Supporting Community Learning and Training for Change, compare favourably with the learning offered in this Diploma, especially in the community-based elective stream.

    4. The ILEX Paralegal Programme level 3 Diploma in Vocational Paralegal Studies was compared with this Qualification. It contains courses on the legal environment, legal principles and civil litigation.

    United State of America:

    1. The National Federation of Paralegal Associations "Suggested Curriculum for Paralegal Studies" was compared to this Diploma. This Diploma compares favourably in including similar study areas on communication written and oral, mathematical literacy, legal research and writing and procedure. The NFPA curriculum shares the principle of flexibility and the inclusion of a wide range of electives, both at core and elective levels.

    2. The American Bar Association`s Guidelines for the Approval of Legal Assistant Education Programmes were compared with this Diploma. These guidelines are used to approve two-year programmes equivalent to this Diploma. The guidelines provide for general education credits which include writing skills, communication skills and non-legal courses. There is also a provision for legal speciality courses which cover not only legal theory, but also address practical paralegal skills. The guidelines encourage computer skills and experiential learning through internships. The guidelines strongly encourage articulation to university degrees. The guidelines require a minimum of 270 contact hours. This is a favourable comparison.

    3. The American Association for Paralegal Education "Core Competencies for Paralegal Programmes" was compared to this Diploma. The listed skill competencies include critical thinking skills, organisational skills, general communication skills, interpersonal skills legal research skills, legal writing skills, computer skills, interviewing and investigation skills which compare favourably with this Diploma. The knowledge competencies including the organisation and operation of the legal system, professional and ethical obligations, litigation procedures and the organisation and operation of law offices also compare favourably. The document requires a minimum of 270 contact hours.

    4. The Burlington County College Paralegal Programme compares favourably with this Diploma. It includes courses on written communication, mathematics, computer science, legal writing and research, civil litigation, accounting, the New Jersey legal system and an introduction to paralegal studies.

    5. The pre-law programme at the Central Washington University compares favourably with this Diploma. This programme includes courses in legal research, legal writing, ethics, current issues, an introduction to paralegal studies, an introduction to civil practice and approved electives.

    Responders pointed out that in the United States of America the standards range from a 2-year associate degree to a full 4-year undergraduate degree and then a certification programme. These comments suggested that a 2-year programme is the minimum required and it should consist of both legal courses and administrative skills. Reference was also made to the fact that many paralegals achieve qualifications through workplace experience.

    Zimbabwe:

    The Qualification compares favourably with the paralegal training programme run by the Legal Resources Foundation-Zimbabwe. This two-year programme includes sessions on paralegal ethics and conduct, basic laws, case handling, interview skills, legal drafting, negotiation and mediation skills, human rights, counselling and community mobilisation skills. This programme is aimed at community-based paralegals.

    Zambia:

    This Qualification compares favourably with the paralegal training programme run by the Legal Resources Foundation-Zambia. This programme is similar to the above but is run in collaboration with the University of Zambia. The certification is approved by the Law Society and the Council for Legal Education. 
    		•

    ARTICULATION OPTIONS 
    Accumulated credits may be presented for admission into the Bachelor of Laws degree. 

    MODERATION OPTIONS 
    Moderation is conducted internally through a system of second examiners. Second examiners act as moderators for examination purposes. These are senior academics. For the exit level of an undergraduate qualification at least 70% of the modules have external examiners/moderators, senior academics from other universities. 

    CRITERIA FOR THE REGISTRATION OF ASSESSORS 
    Unisa academic staff will be used as assessors in a manner that fits into the quality management system of the University and accords with its tuition and assessment policies. This will apply also to the appointment of external assessors. The minimum requirement for appointment as a lecturer or external assessor at Unisa is a Bachelor of Laws (LLB) degree or recognised Diploma in Paralegal Studies and appropriate experience. All assessment done by external assessors is quality controlled by internal academic staff. A system of workplace assessment might be initiated where appropriate.

    Providers offering learning towards achievement of the core modules that make up this qualification must be accredited through the relevant ETQA. In the case of higher education, the Higher Education Quality Committee of the Council on Higher Education is the sole ETQA.

    Moderation is conducted internally through a system of second examiners. All exit level modules will, in addition, have an external examiner from another higher education institution.

    The Higher Education Quality Council does not require the registration of assessors but evidence must show that Unisa has training in place for assessors and moderators. An appeals process, including criteria for re-marking, must be in place.

    Notes for assessors:

    Assessors should keep the following general principles in mind when designing and conducting assessments:
  • Focus the initial assessment activities on gathering evidence in terms of the main outcomes expressed in the titles of the modules to ensure assessment is integrated rather than fragmented. The aim is to declare the person competent in terms of the qualification purpose. Focus assessment around each specific outcome, or groups of specific outcomes. Take special note of the need for integrated assessment.
  • Make sure evidence is gathered across the entire range, wherever it applies.
  • Assessment activities should be as close to the real performance as possible, and where simulations or role-plays are used, there should be supporting evidence to show that the candidate is able to perform in the real situation.
  • All assessments should be conducted in line with the following well documented principles of assessment as defined below and in the Unisa Assessment Policy.

    Principles of assessment:
  • Appropriate: The method of assessment is suited to the performance being assessed.
  • Fair: The method of assessment does not present any barriers to achievements, which are not related to the evidence. In particular, the method of assessment is sensitive to language diversity.
  • Manageable: The methods used make for easily arranged, cost-effective assessments that do not unduly interfere with learning.
  • Integrated into work or learning: Evidence collection is integrated into the work or learning process where this is appropriate and feasible.
  • Valid: The assessment focuses on the requirements laid down in the Standard; i.e. the assessment is fit for purpose.
  • Direct: The activities in the assessment mirror the conditions of actual performance as closely as possible.
  • Authentic: The assessor is satisfied that the work being assessed is attributable to the person being assessed.
  • Sufficient: The evidence collected establishes that all criteria have been met and that performance to the required Standard can be repeated consistently.
  • Systematic: Planning and recording is sufficiently rigorous to ensure that assessment is fair.
  • Open: Students can contribute to the planning and accumulation of evidence. Assessment candidates understand the assessment process and the criteria that apply.
  • Consistent: The same assessor would make the same judgement again in similar circumstances. The judgment made is similar to the judgement that would be made by other assessors. 
    		•

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

    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.
     
    1. University of South Africa 


    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.