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:

Execute court judgements in line with relevant law

SAQA US ID	UNIT STANDARD TITLE
117984	Execute court judgements in line with relevant law
ORIGINATOR
SGB for Sheriffs
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 5	Level TBA: Pre-2009 was L5	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 for members of the Sheriffs Profession and other authorised learners who must be able to apply a wide range of analytical thinking skills and develop various conceptual frameworks that facilitate and enhance the evaluation, interpretation and management of information in a diverse range of situation. The achievement of this unit standard will give the learner the requisite skills to perform the function of executing court orders in a culturally sensitive manner within a human rights context.

A person credited with this unit standard is able to:

Plan and prepare for an execution.

Use research skills to access information regarding execution.

Apply procedures and execution processes in compliance with relevant legislation and standards.

Perform administrative duties related to execution.

Render a return of manner of execution to the relevant party.

This unit standard is to contribute to the professional development of learners within the sheriffing environment and further mobility and transportability within the law enforcement field. The skills, knowledge and understanding demonstrated within this unit standard are essential for social and economic transformation and upliftment within the field of Law, Security and Military Science.

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING

Communication at NQF Level 4.

UNIT STANDARD RANGE

The range covers Magistrate's and High Court documents and procedures

The level assigned to this unit standard is appropriate because the delivery of sheriffing products and services are defined by generating ideas through the analysis of information, a command of specialised technical skills, undertaking planning and designing processes and utilising diagnostic skills to execute judgements across a broad range of functions. Learners will also accept responsibility for determining and achieving personal and/or group outcomes.

The application of this unit standard is to qualify the learner to execute court judgements in line with relevant law.

Specific Outcomes and Assessment Criteria:

SPECIFIC OUTCOME 1

Plan and prepare for an execution.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

The warrant of execution must be appropriately identified and interpreted according to the guidelines and standards.

ASSESSMENT CRITERION 2

The resources required for the execution of the warrant is appropriately organised according to norms and standards on the profession.

ASSESSMENT CRITERION 3

The sale in execution (auctioneering) is prepared and planned in accordance with the prescribed rules.

ASSESSMENT CRITERION 4

All financial obligations are organised and the systems are prepared for the execution in accordance to the prescribed rules.

SPECIFIC OUTCOME 2

Use research skills to access information regarding execution.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

Legal information and concepts are collected, analysed and evaluated in accordance with standard operating procedures.

ASSESSMENT CRITERION 2

Research skills and techniques are used to identify, source and manage information and reviewed for suitability and accessibility against legal guidelines.

ASSESSMENT CRITERION 3

Researched information contributes responsively and effectively to achieving the outcomes of execution guidelines.

ASSESSMENT CRITERION 4

Create and maintain a database of research information to be used against legal and organisational requirements.

ASSESSMENT CRITERION 5

Research proposals are supported by clearly presented submissions describing realistic options, benefits, costs and outcomes according to legal and organisational requirements.

ASSESSMENT CRITERION 6

Informed legal guidelines are sourced and appropriate judgements are exercised and responses are formulated to solve problems related to execution procedures.

SPECIFIC OUTCOME 3

Apply procedures and execution processes in compliance with relevant legislation and standards.

OUTCOME RANGE

Execution process refers to but is not limited to warrants of ejectment, delivery of goods, warrant of arrest.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

Documents from the Magistrate's Court and High Court are identified, interpreted, and analysed and processed for execution of moveable property according to legal requirements.

ASSESSMENT CRITERION 2

Documents from the Magistrate's Court and High Court are identified, interpreted, and analysed and processed for execution of immovable property according to legal requirements.

ASSESSMENT CRITERION 3

The document is explained in terms of its nature, consequence and meaning within two diverse contexts of culture, class, gender, 'race' and language.

ASSESSMENT CRITERION 4

Potential challenges arising from the execution are identified and analysed and actions taken to promote Human Rights and inclusivity with minimal disruption to performance.

ASSESSMENT CRITERION 5

Contingency plans are outlined in the event that alternative action is required which meets legal requirements.

ASSESSMENT CRITERION 6

The return of manner of execution is prepared and completed in accordance with legal guidelines and requirements.

ASSESSMENT CRITERION 7

The rules governing inter-pleader proceedings are applied in accordance with prescripts.

SPECIFIC OUTCOME 4

Perform administrative duties related to execution.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

Administrative best practices within the office are instituted and maintained according to statutory requirements.

ASSESSMENT CRITERION 2

Organisational records and reports can be accessed and collected from appropriate sources to achieve and manage work responsibilities according to office policies.

ASSESSMENT CRITERION 3

Confidential records are managed with integrity and ethically to meet defined legal and organisational standards.

ASSESSMENT CRITERION 4

Competing work demands are prioritised and provision made to achieve the quality, time and cost specifications outlined in the internal office's code of delivery.

ASSESSMENT CRITERION 5

Management information systems are used effectively to store and retrieve data for decision-making.

ASSESSMENT CRITERION 6

Available technology in the workplace is used productively according to office policies.

SPECIFIC OUTCOME 5

Render a return of manner of execution to the relevant party.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

The correct report is selected and procedurally prepared in accordance with the requirements as specified in the relevant legislation.

ASSESSMENT CRITERION 2

Rules relating to the duty of execution are selected and cited within the report in compliance with legislation and standards.

ASSESSMENT CRITERION 3

A bill of costs is levied in accordance with the prescribed tariffs.

ASSESSMENT CRITERION 4

Interpersonal styles and methods used during execution are outlined and adjustments suggested takes into account social and cultural diversity.

ASSESSMENT CRITERION 5

The execution process is completed through concluding records.

UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS

The assessment will be governed by the policies and guidelines of the relevant Education and Training Quality Assuror (ETQA) that has jurisdiction over this field of learning.

The assessor will (at the very least) be accredited and have a relevant qualification and/or be a subject matter expert in this learning area and have at least three (3) years experience in the skills specific area.

The learner can be assessed against this unit standard to obtain credits or as part of an integrated assessment for a qualification.

Internal moderation.

External moderation.

An assessor, accredited by the relevant ETQA, will assess the learner's competency.

Assessment procedures will be supplied by the ETQA in alignment with NSB requirements.

All assessment activities must be fair, so that all candidates have equal opportunities.

Activities must be free of gender, ethnic or other bias.

Assessment and moderation procedures, activities and tools must be transparent, affordable and support development within the field, sub-field and NQF.

Direct observation in simulated, controlled and actual work conditions.

UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE

1. Names, functions and locations of:

Mandates of the court

Different clients, in line with the types of products delivered to them

Stakeholders and their relation to sheriffs

2. Purpose of processes and procedures of:

Research methodology

Analytical techniques

The purpose of execution

Anomalies, gaps, patterns and trends are identified

3. Attributes, properties, characteristics related to:

Analytical thinking skills

Legal concepts

Integrity, objectivity, validity, timeousness, relevance

Law enforcement culture

Organisational context and culture

Patterns and trends

Inferences made.

4. Cause and effect, implications of:

The advantages and disadvantages of compliance and non-compliance

Biases

Anomalies

Information gaps

5. Categories of things, processes, concepts:

Reliability

Timeousness

Relevance

Definitions of legal principles

6. Procedures and techniques:

Management

Departmental procedures, methods and techniques

Procedures of executions

Liaison protocol

Stages and processes of executions

All stages/processes of the manner and technique are systematically followed.

7. Regulations, legislation, agreements, policies:

Sheriffs' Act

Magistrate's Court Act

Supreme Court Act

Office policies and directives

Agreements with Clients

Memoranda of Understanding

8. Theory - rules, laws, principles:

Theory of law

Systems thinking processes

9. Relationships, systems:

Between the constitution, legislation and law enforcement

The inter-relationship between stakeholders and the sheriffing community

Between political aspects/influences impacting on relationships with stakeholders

Between biases and thinking and judgement of the sheriffs

Between relevant and previously accepted or new practices and trends

UNIT STANDARD DEVELOPMENTAL OUTCOME

N/A

UNIT STANDARD LINKAGES

N/A

Critical Cross-field Outcomes (CCFO):

UNIT STANDARD CCFO IDENTIFYING

Identifying and solving problems in which responses display that responsible decisions using critical and creative thinking have been made when:

Performing the duty of execution.

Utilising the various manner of execution.

UNIT STANDARD CCFO WORKING

Working effectively with others as a member of a team, group, organisation, and community during:

Liaison with stakeholders.

The establishment of relationships with people.

UNIT STANDARD CCFO ORGANISING

Organising and managing oneself and one's activities responsibly and effectively when:

Following processes, procedures and protocols.

UNIT STANDARD CCFO COLLECTING

Collecting, analysing, organising and critically evaluating information to better understand and explain:

When gathering information and undertaking research.

Applying relevant laws.

UNIT STANDARD CCFO COMMUNICATING

Communicating effectively using visual, mathematical and/or language skills in the modes of oral and/or written persuasion when:

Generate documents.

Communicating with diverse clients.

Performing administration duties.

UNIT STANDARD CCFO SCIENCE

Using science and technology effectively and critically, showing responsibility towards the environment and health of others when:

Sourcing information on the legislation and policies and procedures.

Use of computers where available.

Distribution and administration of reports.

UNIT STANDARD CCFO DEMONSTRATING

Demonstrating an understanding of the world as a set of related systems by recognising that problem-solving contexts do not exist in isolation when:

Distribution and management of information and reports.

Solving complex problems with a number of actors and factors.

The relationship between stakeholders and sheriffing is explained.

Demonstrating an understanding of cultural diversity when dealing with clients.

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

Supplementary Information:

a. Terminology: Products within this unit standard includes but is not limited to documents, reports, inventories, invoices, returns of manner of execution and all other written documents.

b. Notes to Assessors
Assessors should keep the following general principles in mind when designing and conducting assessments against this unit standard:

Focus the assessment activities on gathering evidence in terms of the main outcome expressed in the title to ensure assessment is integrated rather than fragmented. Remember we want to declare the person competent in terms of the title. Where assessment at title level is unmanageable, then focus assessment around each specific outcome, or groups of specific outcomes. Do not focus the assessment activities on each assessment criterion. Rather make sure the assessment activities focus on outcomes and are sufficient to enable evidence to be gathered around all the assessment criteria.

Assessors must use professional judgement in evaluating competence.

Make sure evidence is gathered across the range as expressed under the title. Specific range statements under individual outcomes or assessment criteria are illustrations, from which learning programme developers can select. 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 the candidate is able to perform in the real situation.

The task of the assessor is to gather sufficient evidence, of the prescribed type and quality, as specified in this unit standard, that the candidate can achieve the outcomes again and again. This means assessors will have to judge how many repeat performances are required before they believe the performance can be reproduced.

All assessments should be conducted in line with the following well-documented principles: assessment should be appropriate, fair, manageable, integrated into work or learning, valid, and consistent. Evidence should be authentic, sufficient, and current.

Assessment of this standard can be carried out through continuous assessment throughout the course of study and specific performances assessed.

Credits: 15
Total hours required by the learner to achieve the required outcomes

Activity

Classroom learning

On-the-job learning

Self directed learning

Coaching required

Total:-150

QUALIFICATIONS UTILISING THIS UNIT STANDARD:

	ID	QUALIFICATION TITLE	PRE-2009 NQF LEVEL	NQF LEVEL	STATUS	END DATE	PRIMARY OR DELEGATED QA FUNCTIONARY
Core	49336	National Certificate: Law Enforcement: Sheriffing	Level 5	Level TBA: Pre-2009 was L5	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.	Department Of Justice (head Office)
2.	N MAHARAJ ATTORNEYS