|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|
|National Certificate: Prosecuting|
|SAQA QUAL ID||QUALIFICATION TITLE|
|90657||National Certificate: Prosecuting|
|QCTO Task Team - Legal Education and Training|
|PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY||NQF SUB-FRAMEWORK|
|SAS SETA - Safety and Security SETA||OQSF - Occupational Qualifications Sub-framework|
|National Certificate||Field 08 - Law, Military Science and Security||Justice in Society|
|ABET BAND||MINIMUM CREDITS||PRE-2009 NQF LEVEL||NQF LEVEL||QUAL CLASS|
|Undefined||149||Not Applicable||NQF Level 05||Regular-Unit Stds Based|
|REGISTRATION STATUS||SAQA DECISION NUMBER||REGISTRATION START DATE||REGISTRATION END DATE|
|LAST DATE FOR ENROLMENT||LAST DATE FOR ACHIEVEMENT|
|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 qualification will allow a learner in the justice in society sector to obtain a nationally recognised qualification in the prosecuting environment. The generic fundamental and core Unit Standards provide credits that allow access to both vertically and horizontally articulated qualifications. These enhance the status, productivity and employability of the learner within the sector while also contributing to the quality of and growth within the sector. This allows for access, progression, portability and mobility within the prosecuting environment. The elective Unit Standards afford the learner an opportunity to specialise within the prosecuting sector.
The National Prosecuting Authority is a single prosecuting authority established in terms of Section 179 (1) of the Constitution of the Republic of South Africa. Qualifying learners will be capable of conducting prosecutions and attending to matters incidental thereto, such as acting as the gatekeepers of criminal law and representing the public interest in the criminal justice system.
In a constitutional state such as South Africa, all citizens have a right to enjoy a better quality of life, free from crime and the fear of crime. This qualification will play a critical role in ensuring that perpetrators of crime are charged and held responsible for their criminal actions. The qualification is designed to meet the needs of those learners who are already involved, or wish to become involved, in the field of prosecutions. It is applicable to employed and unemployed learners.
The qualification supports the objectives of the NQF in that it gives the learner access to a registered qualification. It will ensure that the quality of education and training in the sub-field is enhanced and of a world-class standard. The qualification will allow learners not only to develop their knowledge and skills in the field of prosecutions but will also enable them to benchmark their competence against international standards.
|LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING|
|Learners are assumed to be in possession of knowledge and cognitive skills developed in the acquisition of a Bachelor's Degree in the Field of Law, at least at NQF Level 7.
Recognition of Prior Learning (RPL):
The learners who do not meet the minimum requirements may gain access to the qualification through the Recognition of Prior Learning. Credits will be granted where competency in a specific module is established. Anyone wishing to be assessed against this qualification may apply to be assessed by any assessment agency, assessor or provider institution that is delegated so to do by the Quality Council for Trades and Occupations (QCTO).
Access to the Qualification:
The learner must be in possession of a Bachelor's Degree in the Field of Law in which the following areas of study have been completed:
|RECOGNISE PREVIOUS LEARNING?|
|The qualification is made up of a combination of learning outcomes from Fundamental, Core and Elective components, totalling a minimum of 149 Credits.
All Unit Standards to the value of 39 Credits are compulsory.
All Unit Standards to the value of 92 Credits are compulsory.
Learners will need to select Elective Unit Standards (a minimum of 18 Credits) from the list of Electives, depending on the field in which they wish to specialise.
|EXIT LEVEL OUTCOMES|
|A learner acquiring this qualification will have skills, knowledge and experience to:
1. Apply the general principles of Criminal Law.
2. Apply restorative justice.
3. Apply provisions of the Criminal Procedure Act in the prosecuting environment.
4. Explain the principles of the Law of Evidence.
Critical Cross-Field Outcomes:
The qualifying learner will show the ability to:
|ASSOCIATED ASSESSMENT CRITERIA|
|Associated Assessment Criteria for Exit Level Outcome 1:
> Range: General principles of criminal law include but are not limited to legality, conduct, unlawfulness and culpability.
Associated Assessment Criteria for Exit Level Outcome 2:
Associated Assessment Criteria for Exit Level Outcome 3:
Associated Assessment Criteria for Exit Level Outcome 4:
This qualification will use both formative and summative assessment to assess the competencies of the learners. The assessment criteria for formative assessment are described in the various unit standards. Formative assessment takes place during the process of learning and assessors should use a range of assessment methods and tools that support each other to assess competence.
These tools include the following:
The assessment methods and/or tools used by the assessor must be:
Summative assessment is carried out at the end of the qualification to assess the achievement of the learner.
|South Africa as one of the member states of the United Nations (UN) identifies with the considerations of the UN in matters around the criminal justice systems. The UN entrenches the training of prosecutors.
The guidelines on the role of prosecutors adopted by the 8th United Nations Congress on the Prevention of Crime and the Treatment of Offenders states that:
> Selection criteria for prosecutors embody safeguards against appointments based on partiality or prejudice, excluding any discrimination against a person on the grounds of race, colour sex, language, religion political or other opinion, national, social or ethnic origin, property, birth, economic or other status, except that it shall not be considered discriminatory to require a candidate for prosecutorial office to be a national of the country concerned.
> Prosecutors have appropriate education and training and should be made aware of the ideals and ethical duties of their office, of the constitutional and statutory protections for the rights of the suspect and the victim, and of human rights and fundamental freedoms recognised by national and international law.
With the support of the President of Mexico, the Attorney General of Mexico and the INACIPE Governing Council, a two-year qualification for federal Public Prosecutor agents was initiated in 2004. The qualification is a Master in Prosecution, and modules include legal writing, oral arguments, computer use, criminal statistics, leadership, relationships and administration. It replaces previous qualifications which were two to six months long and will place Mexico's future federal prosecutors at the forefront of their profession in Latin America and on the same level of education as those of countries such as France and Spain.
Extensive training is offered to persons who decide to become prosecutors. People who possess a Law Degree may apply for employment at one of the six regional prosecution authorities. If approved the young prosecutor becomes a trainee or prosecutor candidate and is employed on probation for a period of nine months. During this period, an experienced prosecutor is linked to the trainee as an instructor. The trainee follows the daily work of the experienced prosecutor in order to obtain practical experience and at the end of the nine month period an assessment is made whether the trainee is suitable to become a prosecutor. If approved, the trainee is employed as an Assistant Prosecutor and stays in that position for two years. At this stage, the first major training, which is divided into four parts of four weeks each is offered to the prosecutor.
England and Wales:
In October 2008 the Crown Prosecuting Service (CPS) and the Institute of Legal Executives entered into a Memorandum of Understanding, which among others, included the accreditation of the Associate Prosecutor Training programme. The CPS is the principal prosecuting authority in England and Wales and is responsible for determining the charge in all but minor cases, advising the police during the early stages of an investigation, reviewing cases submitted by the police for prosecution, preparing cases for court and the presenting of those cases at court.
It has been noted that Mexico and Sweden have moved away from the short courses they used to offer to learner prosecutors. The prosecutor training in these two countries extends over a minimum period of two years. The move therefore by South Africa through the National Prosecuting Authority to extend the period of training learner prosecutors from 6 months to one year is in line with international trends.
The selection criteria for learner prosecutors adopted by South Africa have been drawn along the guidelines on the role of prosecutors adopted by the 8th United Nations Congress on the Prevention of Crime and the Treatment of Offenders.
England and Wales in 2008 endeavoured to ensure that the qualification they offered was accredited. The Skills Development Act in South Africa seeks to ensure that employers do not expose their employees to training that is not accredited.
The countries indicated have similar overall objectives, namely adiquate training of persons who decide to be prosecutors. Thus, it may be concluded that this qualification is in line with international standards.
|This qualification falls in the learning pathway for Attorneys, Prosecutors and Legal Advisors.
Articulation will therefore be determined by the particular Bachelor's Degree which the learner has an entry to this qualification.
|All assessment opportunities will be internally and externally moderated. Moderation also encompasses achievement of the competence of the Exit Level Outcomes of the qualification to ensure that the learner has achieved the integrated competence as described in the qualification.|
|CRITERIA FOR THE REGISTRATION OF ASSESSORS|
|For an applicant to register as an assessor, the applicant needs:
|As per the SAQA Board decision/s at that time, this qualification was Reregistered in 2015.|
|ID||UNIT STANDARD TITLE||PRE-2009 NQF LEVEL||NQF LEVEL||CREDITS|
|Core||421859||Apply and maintain sound court roll management||Level 5||NQF Level 05||6|
|Core||365181||Apply court ethics and the etiquette when acting as a prosecutor||Level 5||NQF Level 05||4|
|Core||421860||Apply general principles of the doctrine of common purpose||Level 5||NQF Level 05||8|
|Core||253978||Apply principles of law of evidence||Level 5||Level TBA: Pre-2009 was L5||8|
|Core||243936||Apply restorative justice interventions in formal and informal contexts||Level 5||Level TBA: Pre-2009 was L5||6|
|Core||253974||Apply the general principles of criminal law||Level 5||Level TBA: Pre-2009 was L5||8|
|Core||253987||Conduct an inquest investigation||Level 5||Level TBA: Pre-2009 was L5||6|
|Core||119503||Demonstrate an understanding of procedure in courts and other fora||Level 5||Level TBA: Pre-2009 was L5||20|
|Core||120484||Demonstrate understanding of the principles of common law crimes and statutory law offences||Level 5||Level TBA: Pre-2009 was L5||12|
|Core||421861||Identify and apply general principles of the Criminal Procedure Act as related to the prosecuting functions||Level 5||NQF Level 05||8|
|Core||123219||Utilise selected skills in children's court matters||Level 5||Level TBA: Pre-2009 was L5||6|
|Fundamental||120476||Adhere to professional conduct and organisational ethics||Level 5||Level TBA: Pre-2009 was L5||4|
|Fundamental||15234||Apply efficient time management to the work of a department/division/section||Level 5||Level TBA: Pre-2009 was L5||4|
|Fundamental||244514||Apply occupational health, safety and environmental legislation in the workplace||Level 5||Level TBA: Pre-2009 was L5||12|
|Fundamental||120492||Demonstrate the application of performance management||Level 5||Level TBA: Pre-2009 was L5||6|
|Fundamental||230070||Present an informed argument on a current issue in a business sector||Level 5||Level TBA: Pre-2009 was L5||5|
|Fundamental||12433||Use communication techniques effectively||Level 5||Level TBA: Pre-2009 was L5||8|
|Elective||255762||Apply basic research methodology and ethics||Level 4||NQF Level 04||8|
|Elective||115591||Explain and apply environmental legal principles, rights, duties and responsibilities to a specific work context||Level 4||NQF Level 04||6|
|Elective||123215||Demonstrate understanding of the maintenance court system in South Africa||Level 5||Level TBA: Pre-2009 was L5||6|
|Elective||365185||Apply the Promotion of Access to Information Act 2 of 2000 in Public Bodies||Level 6||NQF Level 06||5|
|Elective||365199||Apply the Promotion of Administrative Justice Act, Act 3 of 2000||Level 6||NQF Level 06||10|
|Elective||365188||Practical application of the principles of legislative drafting||Level 6||NQF Level 06||10|
|Elective||116104||Use technology effectively in the practice of law||Level 6||Level TBA: Pre-2009 was L6||6|
|LEARNING PROGRAMMES RECORDED AGAINST THIS QUALIFICATION:|
|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.