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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD THAT HAS PASSED THE END DATE: 

Understand and apply the principles and rules relating to the admissibility and proof of the contents of relevant detrimental statements 
SAQA US ID UNIT STANDARD TITLE
365220  Understand and apply the principles and rules relating to the admissibility and proof of the contents of relevant detrimental statements 
ORIGINATOR
Task Team - Justice Legal 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 5  NQF Level 05  6 
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
2024-06-30   2027-06-30  

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 
The purpose of this unit standard is to enable prosecutors to prove relevant, admissible, confessions, admissions or pointings out made extra-judicially by accused, during the course of a criminal trial, whilst considering the impact of the Constitution of the Republic of South Africa Act, 1996. 

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
It is assumed that the learner has the following knowledge and skills:
  • Communication at NQF Level 4. 
    		•

    UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Know and understand how the privilege against self-incrimination, as enshrined in the Constitution of the Republic of South Africa impacts on a criminal trial. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Identify and understand the rights of an accused enshrined in the Constitution of the Republic of South Africa, 1996. 
    ASSESSMENT CRITERION RANGE 
    Sections: 9, 10, 12, 14, 35 and 36 of Chapter 2 of the Constitution of the Republic of South Africa, 1996.
     

    ASSESSMENT CRITERION 2 
    Identify and understand applicable case law relating to unconstitutionally obtained evidence. 
    ASSESSMENT CRITERION RANGE 
    South African and Canadian case law.
     

    ASSESSMENT CRITERION 3 
    Identify and understand the criteria set by Section 35(5) of the Constitution of the Republic of South Africa, 1996 where evidence has been obtained in violation of a Right in the Bill of Rights. 

    ASSESSMENT CRITERION 4 
    Know and understand the decided cases relating to the burden of proof where admissibility of evidence is in dispute. 
    ASSESSMENT CRITERION RANGE 
    South African case law.
     

    SPECIFIC OUTCOME 2 
    Know and understand legislation and case law pertaining to the admissibility and proof of the contents of relevant detrimental statements made by an accused prior to a criminal trial. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Identify and understand the Sections in the Criminal Procedure Act 51 of 1977 that relate to and impact upon relevant detrimental statements made by an accused. 
    ASSESSMENT CRITERION RANGE 
    Sections: 209, 210, 217, 218, 219, 219A of the Criminal Procedure Act 51 of 1977.
     

    ASSESSMENT CRITERION 2 
    Identify and understand the case law relating to the admissibility of statements made by an accused. 
    ASSESSMENT CRITERION RANGE 
    South African law.
     

    ASSESSMENT CRITERION 3 
    Identify and understand the requirements for admissibility of statements made by an accused prior to a criminal trial. 
    ASSESSMENT CRITERION RANGE 
    Confessions, Admissions and Pointing Out.
     

    ASSESSMENT CRITERION 4 
    Know and understand the decided cases relating to the burden of proof where admissibility of a statement made by the accused is in dispute. 
    ASSESSMENT CRITERION RANGE 
    South African case law.
     

    SPECIFIC OUTCOME 3 
    Know and understand the rules of practice that apply during a criminal trial whenever the admissibility of a relevant detrimental statements made by an accused is placed in dispute. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Identify and understand the rules of practice that apply during a trial-within-a-trial. 

    ASSESSMENT CRITERION 2 
    Identify and understand the case law relating to the trial-within-a-trial procedure. 
    ASSESSMENT CRITERION RANGE 
    South African law.
     

    SPECIFIC OUTCOME 4 
    Apply the relevant legislation, case law and rules of practice during a criminal trial where the admissibility of a relevant detrimental statements made by an accused is placed in dispute. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Lead evidence of a confession made to a member of the public. 
    ASSESSMENT CRITERION RANGE 
    Simulated case - Credibility of the state witness is in dispute.
     

    ASSESSMENT CRITERION 2 
    Lead evidence of a confession made to a Justice of the Peace. 
    ASSESSMENT CRITERION RANGE 
    Simulated trial-within-a-trial where both the voluntariness and constitutionality of the confession is in dispute.
     

    ASSESSMENT CRITERION 3 
    Lead evidence of a confession made to a Magistrate. 
    ASSESSMENT CRITERION RANGE 
    Simulated trial-within-a-trial where both the voluntariness and constitutionality of the confession is in dispute.
     

    ASSESSMENT CRITERION 4 
    Lead evidence of a pointing out made to a Justice of the Peace. 
    ASSESSMENT CRITERION RANGE 
    Simulated trial-within-a-trial where both the voluntariness and constitutionality of the pointing out is in dispute.
     


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • An individual wishing to be assessed (including through RPL) against this Unit Standard may apply to an assessment agency, assessor or provider institution accredited by the relevant ETQA, or an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Anyone assessing a learner against this Unit Standard must be registered as an assessor with the relevant ETQA or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Any institution offering learning that will enable achievement of this Unit Standard or assessing this Unit Standard must be accredited as a provider with the relevant ETQA or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Moderation of assessment will be conducted by the relevant ETQA at its discretion. 
    		•

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • Constitution of the Republic of South Africa, 1996.
  • Criminal Procedure Act 51 of 1977. 
    		•

    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:
  • Deciding on how to lead evidence of incriminating statements made by an accused. 
    		•

    UNIT STANDARD CCFO ORGANISING 
    Organising and managing oneself and one's activities responsibly and effectively when:
  • Preparing the state witnesses whose evidence will be lead and the documents and copies of exhibits that will be presented during the trial-within-a-trial. 
    		•

    UNIT STANDARD CCFO COLLECTING 
    Collecting, analysing, organising and critically evaluating information to better understand and explain:
  • The nature of the kinds of statements that are available as evidence and whether the statements made by an accused would be admissible during a trial as well as proving it during the criminal trial. 
    		•

    UNIT STANDARD CCFO COMMUNICATING 
    Communicating effectively using visual, and/or language skills in the modes of oral and/or written persuasion when:
  • Addressing the court.
  • Writing Heads of Argument.
  • Giving oral argument at the end of the trial-within-a-trial.
  • Cross-examining the accused and his/her witnesses.
  • Leading state witnesses. 
    		•

    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
    Elective  50265   National Certificate: Family Law Practice  Level 5  Level TBA: Pre-2009 was L5  Passed the End Date -
    Status was "Reregistered"     		 2023-06-30  SAS SETA 
    Elective  97228   National Certificate: Paralegal Practice  Level 5  NQF Level 05  Passed the End Date -
    Status was "Reregistered"     		 2023-06-30  As per Learning Programmes recorded against this Qual 
    Elective  49598   National Diploma: Paralegal Practice  Level 5  NQF Level 05  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.
     
    NONE 


    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.