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: 

Higher Certificate in Legal Studies 
SAQA QUAL ID QUALIFICATION TITLE
94696  Higher Certificate in Legal Studies 
ORIGINATOR
The Independent Institute of Education (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
Registered-data under construction  EXCO 0324/24  2024-07-01  2027-06-30 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2028-06-30   2031-06-30  

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 design of this qualification facilitates basic critical learning through exposure to, and application of, specialised and support learning areas in the theory and practice of the South African law and the legal system. The qualification introduces learners to the South African law and legal system, communication, basic numeracy and research skills as well as law-office support skills. The qualification design instils a problem-solving approach to learning accompanied by the development of the ability to apply solutions within a familiar context. The qualification also requires that the learner develops the ability to answer for their own actions and work effectively in teams.

In modules such as Academic Literacy, Business Communication and Skills for Law the focus falls on introducing learners to the principles and practices of academic knowledge, writing and basic research as well as the basic principles of academic referencing, including legal referencing. The modules the Law of Persons and the Law of Business Enterprises introduce learners to discrete areas of the modern South African law.

In the modules Fundamentals of the South African Legal System, Principles of Employment Law and Aspects of Private Law, selected aspects of the substantive South African law of particular relevance to the world of commerce and fundamental understanding of our law and legal system are introduced. In modules such as Academic Literacy, Skills for Law, Work Integrated Learning I and II and Business Communication the focus falls on both verbal and written communication skills, including knowledge of persuasion and legal argumentation. The modules Skills for Law and Introduction to Personal Computing provides learners with fundamental knowledge with respect to numerical and technological applications related to the law-office and business environment. The module Legal Office Support provides an understanding of the fundamental principles of legal office administration and associated paralegal skills within the modern South African law-office environment.

In addition, the curriculum has been designed to support the achievement of the outcomes related to this qualification by incorporating the different skills learned in different modules in the integrated simulation project (a simulated court case) which is the Work Integrated Learning component of this qualification. Practical work completed is presented in a portfolio which will be submitted at the end of the course and can also be used by the student in their applications for employment or further study.

Throughout the qualification, cognisance is taken of the importance of an ethical and sustainable approach to doing business and applying the law in the modern South African context.

Rationale:
Higher Certificates have the primary purpose of providing "Learners with the basic introductory knowledge, cognitive and conceptual tools and practical techniques for further higher education studies in their chosen field of study. The knowledge emphasises general principles and application. This qualification signifies that the learner has attained a basic level of higher education knowledge and competence in a particular field or occupation and is capable of applying such knowledge and competence in an occupation or role in the workplace." (Government Gazette 30353, 2007).

This Higher Certificate, through its combination of theory, practice and academic skill, will provide a solid vocational foundation for those wishing to work in the legal profession, and in addition, will prepare learners for further undergraduate studies in law. The qualification will provide a balance of theoretical, experiential and practical components to facilitate the enhancement of legal and business thinking and academic growth, and through the core modules, a basic business understanding for learners to enter the law industry at an entry-level position in the law-office work-environment.

There are few opportunities for leaners without university exemption to formally study law in order to enter the profession which is why this Higher Certificate wishes to address that challenge. Learners will gain a basic understanding of the contemporary South African legal environment, the basic principles and applications of law, and the structure of the South African legal system generally. The core focus is supported by essential business, communication and office skills to prepare learners that can be employed as fully functional staff in legal offices.

Throughout, the focus of the qualification will be on the interplay between theory and practice in the modern South African legal system, including the importance of ethical considerations and sustainability in the modern business environment.

Career opportunities for graduates exist in/as a:
  • Legal secretary.
  • General law-office assistants or clerks in government or private-sector offices.
  • Attorney's assistant.
  • Paralegal assistant.
  • Clerks in the Magistrates' and High Courts.

    Learners who will complete will be adequately prepared to take up further undergraduate studies in law. 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Recognition of Prior Learning (RPL):
    Learners can achieve this qualification in part through Recognition of Prior Learning. The institution's RPL Policy and the Academic Credit and Qualification Completion Policy guide this process.

    RPL for formal learning (Credit recognition):
    Learners may apply for credits or exemptions for subjects already passed in-house or at other recognised institutions.

    RPL for informal and non-formal learning:

    Skills, knowledge and experience in respect of competencies acquired through informal and non-formal learning are also assessed in the RPL process.

    The institution's RPL Policy and the Academic Credit and Qualification Completion Policy guide the process whereby skills, knowledge and experience in respect of competence acquired through formal and non-formal learning are assessed. All RPL submissions are managed by an academic committee under the supervision of the Academic Manager and Registrar.

    Entry Requirements:

    Admission Requirements are either of the following.
  • Senior Certificate (SC).
  • National Senior Certificate (NSC).
  • National Certificate (Vocational) NC(V). 
    		•

    RECOGNISE PREVIOUS LEARNING? 
    Y 

    QUALIFICATION RULES 
    The Higher Certificate in Legal Studies consists of 12 modules at the NQF Level 5 totalling 120 Credits.

    Modules:
  • Academic Literacy, 7 Credits.
  • Skills for Law, 10 Credits.
  • Fundamentals of the South African Legal System, 12 Credits.
  • Law of Persons, 12 Credits.
  • Work Integrated Learning I, 10 Credits.
  • Introduction to Personal Computing, 5 Credits.
  • Law of Enterprise Structures 1A, 12 Credits.
  • Business Communication, 10 Credits.
  • Principles of Employment and ADR, 12 Credits.
  • Aspects of Private Law, 10 Credits.
  • Work Integrated Learning II, 10 Credits.
  • Legal Office Support, 10 Credits. 
    		•

    EXIT LEVEL OUTCOMES 
    1 Demonstrate the ability to present and communicate information, including legal information, reliably, critically, ethically and coherently.
    2 Demonstrate a basic yet systematic knowledge of the structure of the South African legal system and the relationship between the various sub-disciplines of law that comprise our legal system.
    3 Identify and evaluate the basic principles and norms of private and mercantile law in the overall context of modern South African legal and business practice.
    4 Engage with advanced legal texts pertaining to legislation, court precedent and academic articles in order to source, identify and select appropriate and relevant information to support and inform basic statements, recommendations and decisions related to a legal position.
    5 Gain a general understanding of the hierarchy of the South African system of courts and tribunals, in particular the functioning of a Magistrates Court, the procedures and methods applied in the courts and the documents (pleadings) used in court procedures.
    6 Gain a general understanding of the administration of the typical attorney's office and the most common matters dealt with in the modern South African attorney's office. 

    ASSOCIATED ASSESSMENT CRITERIA 
    Associated Assessment Criteria for Exit Level Outcome 1:
  • Legal information is effectively and professionally communicated in a reliable and coherent manner.
  • Both written and verbal argument, and a substantiated point-of-view are presented in a logically coherent, structured and appropriately formulated manner.
  • Language of law is used, written and edited in a grammatically, stylistically and structurally appropriate way.

    Associated Assessment Criteria for Exit Level Outcome 2:
  • A general understanding of the relationship between the various sub-disciplines of law that comprise our legal system is demonstrated.
  • The ability and insight to identify a legal issue as falling predominantly within a particular sub-discipline of the South African law is demonstrated.
  • Basic legal principles and norms applying in that sub-discipline are identified.
  • Legal norms of that particular sub-discipline to a basic question of law are applied.

    Associated Assessment Criteria for Exit Level Outcome 3:
  • A basic understanding of the relationship between mercantile law, private law and the other branches of the SA legal system in the context of modern legal and business practice is demonstrated.
  • Knowledge of the basic principles, language and terminology of the major areas of private- and mercantile law covered in this higher certificate is applied.
  • Knowledge of the principles, language and terminology of selected areas of private- and mercantile law covered in this course, including the principles of the Law of Persons, the Law of Enterprise Structures and selected Aspects of Private Law and the law of Employment are applied.

    Associated Assessment Criteria for Exit Level Outcome 4:
  • The basic competency required to solve basic legal questions and problems commonly encountered in the modern South African legal and business environments is demonstrated.
  • Relevant case law, legislation and other legal texts and practically apply the insights gained are critically analysed.
  • Legal text is classified according to its source or origin and to correctly order it in the hierarchy of authoritative South African sources of law.
  • Relevant sources where our law may be found: both electronic and hardcopy collections of legislation, precedent and academic texts are identified, explore and exploited.
  • Relevant legal information and substantiation is obtained from academically accepted sources.
  • Legal information for validity, reliability and accuracy is assessed.
  • Legal information required evaluated, synthesised and presented in an academically and professionally accepted manner.

    Associated Assessment Criteria for Exit Level Outcome 5:
  • General understanding of the court system, hierarchy, powers and specialist courts is demonstrated.
  • A general understanding of the difference between action and application procedures, appeals and reviews is demonstrated.
  • Knowledge of the physical locations of the various courts in the region is applied.
  • The local Magistrates Court buildings is accessed, way around the court building are fond, interact with the court staff and court cases that are in session are located in order to attend them and then to report on court cases attended.
  • Basic case is presented in the Moot Court context, including the ability to develop strategy, research the law, draft the correct documentation (pleadings) and argue the case before a judicial officer.

    Associated Assessment Criteria for Exit Level Outcome 6:
  • Specific issues are effectively communicated to an attorney's office within the office itself as well as with outside agencies.
  • Basic knowledge of law-office accounts and the administration of a law office are applied.
  • A basic knowledge of civil court documents and procedure, debt collections, administration of estates, company registrations and conveyancing procedures are demonstrated.

    Integrated Assessment:
    Summative assessment is concerned with the judgement of the learning in relation to the Exit Level Outcomes of the qualification. Such judgement must include integrated assessments which test the learner's ability to integrate the larger body of knowledge, skills and attitudes that are represented by the Exit Level Outcomes as a whole. Examinations, projects, reports or equivalent assessments, such as a portfolio of evidence, assess a representative selection of the outcomes practised and assessed. 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.

    Integrated assessments will be designed to achieve:
  • An integration of the achievement of exit level outcomes in a way which demonstrates that the purpose of the qualification as a whole has been achieved.
  • The evaluation of learner performance which can provide evidence of applied competence.
  • Criterion-referenced assessment which is clearly explained to, and understood by, the students and which can be applied in the recognition of prior learning. 
    		•

    INTERNATIONAL COMPARABILITY 
    International comparisons of the substantive South African law are somewhat problematic in that the Dutch law survives, apart from in South Africa, in only a handful of other countries including Sri Lanka, Indonesia, East Timor and Guyana.

    However, in terms of the purpose of the qualification, articulation potential and access to entry-level careers in law, a plethora of similar qualifications in other countries with similar aims exists.

    Countries that operate on the basis of an NQF include the United Kingdom, Australia and New Zealand. Consequently, comparison for this qualification was done with qualifications and outcomes for Diplomas and Certificates in law, legal practice or legal studies in the United Kingdom, Australia and New Zealand. A direct comparison of the title, Exit Level Outcomes and assessment criteria was undertaken with each.

    Searches yielded many qualifications with the same or similar title. Some certificate courses are of short duration (six to eight weeks). Other qualifications last up to two years-and are sometimes also called Diplomas. For the purposes of this report, one qualification from each of the identified countries was selected, based on duration (1 year), Exit Level Outcomes and Assessment Criteria.

    The qualification that compared the most favourably was the New Zealand Law Society's 'Legal Executive Diploma'. This is a one-year, full-time programme. The programme is designed for those wishing to work in entry-level positions in law offices or in the legal departments of government or businesses. Although the programme is delivered by Whitireia New Zealand (a government-funded tertiary institute of technology) the course is examined by the New Zealand Law Society. Apart from its duration, there exists also a good correlation between the modules covered, the Exit Level Outcomes and Assessment Criteria. One notable difference is that our qualification has a greater focus on entry-level skills acquisition such as language, writing, speaking and logic.

    The United Kingdom's Open University also presents a Certificate in Legal Studies. Subject areas covered correlate well with our proposed qualification, combining a common set of core and fundamental subjects with more specialised and focused material. The main aim of the OU's certificate is to provide first-time students with an initial experience of law studies. They may then proceed with the rest of the LLB Degree or alternatively acquire the Certificate and seek employment in entry-level positions in law offices.

    Also worthwhile mentioning is the pathway to Higher Education Certificate in Legal Studies offered by the UK's BPP University. Although run over only one term, classroom lectures, taught by legal professionals, are offered for sixteen hours per week in conjunction with comprehensive online resources. The qualification aims to provide the knowledge and skills needed to be able to start a Law Degree. To this end, the curriculum stresses grammar, study and communication skills, together with the basics of law and aspects of society and culture.

    An interesting approach is the Diploma of Legal Services offered by RMIT (RMIT is a university of technology and design and Australia's largest tertiary institution). The University enjoys an international reputation in practical education and outcome-oriented research. The curriculum of eleven modules correlates well with our qualification, covering key areas of law including the legal process, legal research, property law, wills and the administration of estate and an overview of aspects of private law. Throughout the program professional practice skills, including ethics, are developed.

    At RMIT a variety of teaching and learning approaches are utilised, including lectures, seminars, studios, workshops, presentations, group discussions, online resources and syndicate work. Assessment is primarily continuous throughout the semester and includes examinations, essays, reports, oral classes, presentations, group projects, research projects and practical assignments.

    Conclusion:
    The Higher Certificate in Legal Studies compares favourably with similar qualifications offered by overseas institutions as an entry-level law qualification and is suited to the demands of the modern South African legal and business environment and having a well-defined articulation potential. What is more, with the versatile theoretical and practical combination in this Certificate we are introducing a qualification which is arguably unique to the South African market. 

    ARTICULATION OPTIONS 
    The institution is committed to the principles of lifelong learning and opening access to higher education. A learner who is transfers from one qualification to another within the institution will be given credit at the discretion of the Senate for relevant modules successfully completed.

    This qualification is specifically designed to articulate with the following:
    Horizontal Articulation:
  • Higher Certificate in Paralegal Studies at NQF Level 5.
  • Higher Certificate in Paralegal Studies in Commercial Practice at NQF Level 5.

    Vertical Articulation:
  • Diploma in Legal Assistance at NQF Level 6.
  • Diploma in Legal Interpreting at NQF Level 6.
  • Diploma in Paralegal at NQF Level 6. 
    		•

    MODERATION OPTIONS 
    N/A 

    CRITERIA FOR THE REGISTRATION OF ASSESSORS 
    N/A 

    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. The Independent Institute of Education (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.