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 UNIT STANDARD THAT HAS PASSED THE END DATE: 

Apply the basic aspects of insolvency, matrimonial, divorce and personal injury litigation 
SAQA US ID UNIT STANDARD TITLE
116103  Apply the basic aspects of insolvency, matrimonial, divorce and personal injury litigation 
ORIGINATOR
SGB Legal Education and Training 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 08 - Law, Military Science and Security Justice in Society 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 7  Level TBA: Pre-2009 was L7  15 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Passed the End Date -
Status was "Reregistered" 		 2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2026-06-30   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 unit standard does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
This unit standard is aimed at understanding the practical aspects of litigation. The main function will be to ensure that the administrative and support functions are well executed. This qualification has been developed for professional practice across the court sector and is intended to ensure the upliftment of standards in general.

The qualifying learner will be able to:
  • Apply the substantive law regarding insolvency.
  • Apply the substantive law regarding marriage and divorce.
  • Assist, advise and represent clients in personal injury claims. 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Learners registering for this unit standard will have demonstrated competence in legal knowledge at NQF level 7 as contained in a recognised law degree like B Proc or LLB or any other qualification recognised as equivalent to such a law degree in terms of legislation as indicated in the notes to the qualification. This assumed learning is listed in paragraph 4 of the qualification "Post graduate certificate in Attorneys Practice". 

    UNIT STANDARD RANGE 
    Range statements are included with specific outcomes as necessary. 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Apply the substantive law regarding insolvency. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Explain, draft and perform all actions related to the principles of voluntary surrender. 

    ASSESSMENT CRITERION 2 
    Explain, draft and perform all actions related to compulsory sequestrations. 

    ASSESSMENT CRITERION 3 
    Explain, draft and perform all actions related to rehabilitation. 

    ASSESSMENT CRITERION 4 
    Explain, draft and perform all actions related to compositions. 

    ASSESSMENT CRITERION 5 
    Explain, draft and perform all actions related to liquidating companies. 

    ASSESSMENT CRITERION 6 
    Explain, draft and perform all actions related to voluntary liquidations. 

    ASSESSMENT CRITERION 7 
    Explain, draft and perform all actions related to liquidating close corporations. 

    ASSESSMENT CRITERION 8 
    Explain, draft and perform all actions related to the principles of judicial management. 

    ASSESSMENT CRITERION 9 
    Explain, draft and perform all actions related to the principles of compromise. 

    SPECIFIC OUTCOME 2 
    Apply the substantive law regarding marriage and divorce. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Explain, draft and perform all actions related to the forms of marital dispensation. 

    ASSESSMENT CRITERION 2 
    Explain, draft and perform all actions related to amending a matrimonial property dispensation. 

    ASSESSMENT CRITERION 3 
    Explain, draft and perform all actions related to the principles of Divorce Law. 

    ASSESSMENT CRITERION 4 
    Explain, draft and perform all actions related to the principles applicable to the custody, access and maintenance of children. 

    ASSESSMENT CRITERION 5 
    Explain, draft and perform all actions related to the principles applicable to the maintenance of a spouse. 

    ASSESSMENT CRITERION 6 
    Explain, draft and perform all actions related to the principles applicable to assets of spouses. 

    ASSESSMENT CRITERION 7 
    Explain, draft and perform all actions related to the procedure to be followed in an unopposed divorce. 

    ASSESSMENT CRITERION 8 
    Explain, draft and perform all actions related to Rule 43 of the Uniform Rules of the High Court. 

    ASSESSMENT CRITERION 9 
    Explain, draft and perform all actions related to settling a divorce matter. 

    ASSESSMENT CRITERION 10 
    Explain, draft and perform all actions related to the procedure to be followed in an opposed divorce action 

    ASSESSMENT CRITERION 11 
    Explain, draft and perform all actions related to the procedure regarding variation of divorce orders. 

    SPECIFIC OUTCOME 3 
    Assist, advise and represent clients in personal injury claims. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Explain, draft and perform all actions related to compensation of clients for loss or damage wrongfully caused by the driving of motor vehicles and knowing / determining when claims prescribe. 

    ASSESSMENT CRITERION 2 
    Prepare and lodge a claim against the Road Accident Fund. 

    ASSESSMENT CRITERION 3 
    Explain, draft and perform all actions related to compensation for occupational injuries and illnesses. 

    ASSESSMENT CRITERION 4 
    Explain, draft and perform all actions related to the principles of the Apportionment of Damages Act, no 34 of 1956. 

    ASSESSMENT CRITERION 5 
    Explain, draft and perform all actions related to assessing damages for personal injuries and loss of support. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • Anyone assessing a learner or moderating the assessment of a learner against this qualification must be registered as an assessor with the relevant ETQA.
  • Any institution offering learning that will enable achievement of this qualification must be accredited as a provider through the relevant ETQA.
  • The relevant ETQA will oversee assessment and moderation of assessment according to the moderation guidelines in the relevant competency and the agreed procedures of the relevant ETQA.
  • Moderation must include both internal and external moderation of assessment at exit points of the qualification, unless ETQA policies specify otherwise. Moderation should encompass achievement of the competence described both in individual unit standards, exit level outcomes as well as the integrated competence described in the qualification.
  • Anyone wishing to be assessed against this competency may apply to be assessed by any assessment agency, assessor or provider institution that is accredited by the relevant ETQA. 
    		•

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
    Demonstrated knowledge and understanding:
  • The nature and functioning of legal organizations and the legal system.
  • Ethical and professional conduct.
  • Problem solving techniques.
  • Values such as fairness, justice, accountability, etc. 
    		•

    UNIT STANDARD DEVELOPMENTAL OUTCOME 
    Personal development. 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identifying and solving problems. 

    UNIT STANDARD CCFO WORKING 
    Working effectively with others as a member of a team, group, organisation or community. 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrating an understanding of the world as a set of related systems. 

    UNIT STANDARD CCFO CONTRIBUTING 
    Contributing to the personal development of learners and the society and economy, by being culturally sensitive and by participating as responsible citizens in the life of local, national and global communities. 

    UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

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

    UNIT STANDARD NOTES 
    N/A 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Core  48920   National Certificate: Attorneys Practice  Level 7  NQF Level 07  Passed the End Date -
    Status was "Reregistered"     		 2023-06-30  SAS SETA 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    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. LAW SOCIETY 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.