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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED QUALIFICATION: 

Higher Certificate in Paralegal Studies 
SAQA QUAL ID QUALIFICATION TITLE
91797  Higher Certificate in Paralegal Studies 
ORIGINATOR
Lyceum College (Pty) Ltd 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY NQF SUB-FRAMEWORK
CHE - Council on Higher Education  HEQSF - Higher Education Qualifications Sub-framework 
QUALIFICATION TYPE FIELD SUBFIELD
Higher Certificate  Field 08 - Law, Military Science and Security  Justice in Society 
ABET BAND MINIMUM CREDITS PRE-2009 NQF LEVEL NQF LEVEL QUAL CLASS
Undefined  120  Not Applicable  NQF Level 05  Regular-Provider-ELOAC 
REGISTRATION STATUS SAQA DECISION NUMBER REGISTRATION START DATE REGISTRATION END DATE
Reregistered  EXCO 0437/26  2024-06-30  2027-06-30 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2028-06-30   2031-06-30  

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 
Purpose:
This qualification is aimed at paralegal practitioners who will assist with a range of diverse functions such as:
  • Drafting basic contracts.
  • Finalising mortgage applications and documents.
  • Separating agreements.
  • Dealing with tax issues.
  • Estates.
  • Maintenance agreements.

    The tasks performed by paralegal practitioners differ according to the type of organisation where they are employed. The range of functions varies widely; the services that paralegal practitioners provide to many organisations is invaluable and applicable for the private as well as the public sector.

    Rationale:
    The qualification focuses on a broad range of quasi-professional practitioners in a large number of occupations where a specified level of legal knowledge is a pre-requisite to function optimally. Learners who complete this qualification are in demand by a wide range of employer organisations. The qualification has been developed to allow learners to capacitate themselves to fill these quasi-professional occupations.

    There are numerous career options available for learners who have successfully completed this qualification such as:
  • Law firms.
  • Sheriffs of the Court.
  • Municipalities.
  • Law enforcement agencies.
  • Private companies.
  • Public institutions.
  • Credit bureaus.
  • Estate Agents.

    Although lawyers assume final accountability for work within a legal practice, they often delegate a wide range of tasks to paralegal practitioners. Paralegal practitioners (also called legal assistants) often perform the administrative functions for lawyers. There are legal constraints that prohibit paralegal practitioners from carrying out duties within the scope of the law such as giving legal advice or presenting cases in court. These administrative functions, for example, conveyancing, are performed under the overall supervision of professional legal practitioners. Paralegal practitioners often assist lawyers to prepare cases for trial or finalise documentation and this makes it possible for a legal professional practitioner to take on a number of cases simultaneously. 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    It is assumed that the learner is competent in the language of instruction of the institution, and the general theoretical, practical, and academic knowledge accomplished at NQF Level 4.

    Recognition of Prior Learning (RPL):
    An application for prior learning will be considered in accordance with the prescribed policies and procedures of the Institution. It implies that learning has been acquired through formal, informal and non-formal means, is recognised for the fulfilment of the requirements of this qualification or part thereof. It is required that through assessment practices, the learner shall demonstrate competence in the knowledge, skills and values implicit in this qualification. RPL is performed by means of integrated assessment.

    RPL may allow for access and credits will be granted where competency in a specific module is established.

    Access to the Qualification:
    A learner entering this qualification must have achieved a National Senior Certificate granting access to Higher Certificate study or a National Certificate Vocational at NQF Level 4 granting access to Higher Certificate study or a FET Certificate at NQF Level 4 or equivalent, with Mathematics/Mathematics Literacy and English. 

    RECOGNISE PREVIOUS LEARNING? 
    Y 

    QUALIFICATION RULES 
    This qualification consists of six modules at NQF Level 5 totalling 120 Credits.

    Compulsory modules:
  • Office Management for Legal Practices, 20 Credits.
  • Introduction to South African Law, 20 Credits.
  • Criminal Law and Law of Procedure, 20 Credits.
  • Civil Litigation Process, 20 Credits.
  • Debt Collecting Practice, 20 Credits.

    Optional modules (choose one):
  • Wills and Estate Management, 20 Credits.
  • Conveyance Practice, 20 Credits.
  • Financial Accounting 1, 20 Credits. 
    		•

    EXIT LEVEL OUTCOMES 
    1. Apply fundamental knowledge and understanding of law to a specific problem within the South African legal context.
    2. Communicate with internal and external clients in a paralegal or legal workplace.
  • Range: Communication refers to both written and oral communication.
    3. Guide and refer clients in a paralegal context.
    4. Assist in solving problems in a paralegal context by working individually and in a team.
    5. Provide administrative and organisational support in an office environment.
    6. Exercise ethical conduct, values and professionalism when dealing with internal and external clients.

    Critical Cross-Field Outcomes:
    The Critical Cross-Field Outcomes are addressed in this qualification. 
    		•

    ASSOCIATED ASSESSMENT CRITERIA 
    Associated Assessment Criteria for Exit Level Outcome 1:
  • Relevant facts within a specific problem are identified.
  • Relevant fundamental law applicable to a specific problem is indicated.
  • Options for specific problems from fundamental law are explained.
  • Problems that fall outside fundamental law are recognised.

    Associated Assessment Criteria for Exit Level Outcome 2:
  • Relevant law is communicated to the client.
  • Relevant legal procedures are communicated to the client.
  • Appropriate legal or paralegal solutions are communicated to the client.
  • Support and assistance is provided to the principal.
    > Range: Principal refers to a paralegal or legal practitioner or any employee in a paralegal sector.

    Associated Assessment Criteria for Exit Level Outcome 3:
  • Problems are defined and related solutions are identified.
  • Information services are provided to clients in time.
  • Support services are provided to clients in time.
    > Range: Support services also include referral to appropriate practitioners with relevant follow up.

    Associated Assessment Criteria for Exit Level Outcome 4:
  • Sources of South African law and other selected subjects or laws are examined to identify the relevant legal principles.
  • Options to problems are pursued according to the relevant legal principles.

    Associated Assessment Criteria for Exit Level Outcome 5:
  • Payments are processed in accordance with the organisation's policies and procedures.
  • Records are kept and maintained in accordance with the organisation's policies and procedures.
  • Administrative systems are implemented in accordance with the organisation's policies and procedures.

    Associated Assessment Criteria for Exit Level Outcome 6:
  • 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:
    This qualification will use both formative and summative assessment to assess the competencies of the learners. This integrated assessment will be in the form of tests, assignments, case studies and a portfolio of work. All assessment opportunities will be internally and externally moderated. 
    		•

    INTERNATIONAL COMPARABILITY 
    Very few countries have Certificate level qualifications for paralegal assistants. Where such qualifications exist they cater for a specific sector and do not integrate legal knowledge with paralegal and administrative skills. This qualification is seeking to address the needs of paralegal assistants working in all sectors. International comparability was tested in the following countries:

    United Kingdom:
    The Intermediate Award in Developing Information, Advice and Guidance Skills compares favourably with the Higher Certificate: Paralegal Studies in terms of the inclusion of paralegal and administrative skills. It includes unit standards on:
  • Information, Advice and Guidance in Practice.
  • Interaction Skills.
  • Networking and Referral.
  • Managing Information.
  • Information, Advice and Guidance in context.

    The ILEX Paralegal Programme's Legal Secretaries Certificate was compared with this qualification. It compares favourably in terms of the administrative, communication, client care skills and legal technology skills included. The ILEX Certificate does not include any legal knowledge modules.

    The ILEX Paralegal Programme's Level 2 Certificate in Vocational Paralegal Studies was compared with this qualification. It contains modules on the legal environment, legal principles and civil litigation. It does not contain administrative or paralegal skills.

    United States of America:
    University of Massachusetts offers a Certificate in Paralegal Studies on campus or online. The subjects include: Introduction to Paralegal Studies, Real Estate Law, Legal Research Methods, and Litigation.

    Conclusion:
    The comparison with the international qualifications revealed that the range of modules and competencies is well expressed worldwide and therefore makes the Higher Certificate: Paralegal Studies comparable in duration and module competencies. 
    		•

    ARTICULATION OPTIONS 
    This qualification offers both horizontal and vertical articulation opportunities for the qualifying learner:

    Horizontal articulation with other qualifications at NQF Level 5 includes the:
  • Higher Certificate in Operations Management.
  • Higher Certificate in Archives and Records Management.

    Vertical articulation with other qualifications at NQF Level 6 includes Advanced Certificates in areas such as office management and/or technology. 
    		•

    MODERATION OPTIONS 
    Moderation processes and procedures ensure that all learners are assessed in a consistent, accurate and well-designed manner. Moderation verifies that assessments are fair, reliable, valid, practicable and transparent and also evaluates assessor performance. The moderation will be done internally and externally by academics in the field. 

    CRITERIA FOR THE REGISTRATION OF ASSESSORS 
    The assessor must have:
  • A qualification in the related field which is at NQF Level 6 or above.
  • At least 5 years' lecturing/work experience in the field. 
    		•

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this qualification was Reregistered in 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. Lyceum College (Pty) Ltd 


    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.