|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|
|National Certificate: Law Enforcement: Sheriffing|
|SAQA QUAL ID||QUALIFICATION TITLE|
|49336||National Certificate: Law Enforcement: Sheriffing|
|SGB for Sheriffs|
|PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY||NQF SUB-FRAMEWORK|
|SAS SETA - Safety and Security SETA||OQSF - Occupational Qualifications Sub-framework|
|National 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||Level 5||Level TBA: Pre-2009 was L5||Regular-Unit Stds Based|
|REGISTRATION STATUS||SAQA DECISION NUMBER||REGISTRATION START DATE||REGISTRATION END DATE|
|LAST DATE FOR ENROLMENT||LAST DATE FOR ACHIEVEMENT|
|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|
|This qualification will contribute to the further development of the learner within the sheriffs' profession by providing recognition, mobility and portability. A person acquiring this qualification will be able to use it as an entry into the profession whilst being able to contribute to its professionalisation. The learner will have an understanding of civil law and its enforcement and show responsibility by independently and effectively managing themselves and others. The learner will be able to interact with a range of people within the diverse South African context and enhance professional service delivery.
This qualification both reflects the benchmark for sheriffing in Sub-Saharan countries and for the first time, allows the learner to obtain a nationally recognised qualification in Sheriffing in South Africa. This qualification will also assist in changing the perceptions in respect of the lack of good governance, professionalism and expertise within the sheriffs' environment that will improve the image and relationships between sheriffs and the community.
Qualifying learners will be able to:
The qualification will reflect that the person is capable of operating effectively in the specific culture of the sheriffs' environment and able to execute their duties as a sheriff within the framework of the law. The skills, knowledge and understanding demonstrated within this qualification are essential for a beneficial impact on the civil justice system, social and economic transformation and upliftment within the South African society. The qualification aims at developing a competent and professional work force to ensure the effective delivery of relevant and appropriate sheriffs products and services.
In the Sheriffs' professional environment sheriffs are exposed on a daily basis to situations that necessitate thorough knowledge of the law and their responsibilities in executing court orders to avoid liability, negligence, infringements of human rights and transgressions of the Sheriff's Act, 1986 [Act 90 of 1986, as amended]. The sector has emphasised the importance and need to promote good governance, professionalism and the need for transformation. Transformation is a constitutional imperative to redress inequity through the provision of access to previously disadvantaged individuals as well as to advance service delivery in the field. It is with this focus in mind that the design of this qualification includes elements of professionalism, human rights, law, financial accounting etc.
This qualification therefore reflects the workplace-based needs of the sector, justice in society, that are expressed by employers and employees, both for current and future purposes. It provides the learner with accessibility to be employed within the sector, with specific references to the sheriffing environment and provides the flexibility to pursue different careers in the broader law enforcement environment.
This qualification reflects the need of the sheriffing community for competencies that will enable the learner to take responsibility for the serving of documents and execution of judgements within the legal framework within which they operate. In addition, it will improve the quality with which sheriffs' duties are exercised and enhance the professional image of the sheriffing community while contributing towards greater confidence in the sheriffs' profession as a core part of the civil justice system.
This qualification provides learners with opportunities for professional development and a career in law enforcement as a sheriff. The qualification will empower the qualifying learner to operate as an unbiased official of the court responsible for service and execution. The qualification also provides the learner with advancement opportunities within the broader law enforcement community.
This qualification allows for the further development of learners in the sheriffs' professional environment through vertical mobility to higher-level qualifications and horizontally to qualifications on the same level but in a different discipline. The qualification assists learners in critically evaluating information and exercising appropriate professional judgement. The level of flexibility within the range of electives will also allow the individual to pursue further specialisation within law enforcement.
|LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING|
Recognition of prior learning
This qualification may be achieved in part or completely through the recognition of prior learning, which includes formal, informal and non-formal learning and work experience. The learner should be thoroughly briefed on the mechanism to be used and support and guidance should be provided. Care should be taken that the mechanism used provides the learner with an opportunity to demonstrate competence and is not so onerous as to prevent learners from taking up the RPL option towards gaining a qualification.
|RECOGNISE PREVIOUS LEARNING?|
|EXIT LEVEL OUTCOMES|
|1. Establish and manage effective workplace relationships by utilising business skills and processes; and communication skills.
Associative Unit Standards:
2. Contribute to the development of the workplace environment in line with Constitutional imperatives.
Associative Unit Standards:
3. Function as a law enforcement officer by serving and executing all processes in compliance with relevant law.
Associative Unit Standards:
4. Supervise workplace information, operations and systems to meet organisational requirements.
Associative Unit Standards:
5. Manage personal work priorities and professional development in line with sheriffing and related professions.
Associative Unit Standards:
Critical cross-field outcomes
The critical cross-field outcomes are incorporated and assessed in the associated assessment criteria and in the various unit standards.
|ASSOCIATED ASSESSMENT CRITERIA|
Assessors need to include a variety of assessment methods that can determine practical abilities, theoretical understanding and the ability to integrate information.
The applied competence (practical, foundational and reflexive competencies) of this qualification will be achieved if a candidate is able to take responsibility for the delivery of sheriffing products and services by generating ideas through the analysis of information, command specialised technical skills, undertake planning and designing processes and utilise diagnostic skills to execute judgements across a broad range of functions.
The effective use of responsibility to independently and effectively manage themselves and others must be assessed. In addition, the learner will be able to demonstrate communication skills through the production of relevant and appropriate products and services and interaction with a range of people. Furthermore the world as a set of related systems must be assessed during any combination of practical, foundational and reflexive competencies assessment methods and tools to determine the whole person development and integration of applied knowledge and skills.
Applicable assessment tool(s) to establish the foundational, reflexive and embedded knowledge to problem solving and application of the world as a set of related systems within the professional sheriffs environment.
A detailed portfolio of evidence is required to prove the practical, applied and foundational competencies of the learner.
Assessors and moderators should develop and conduct their own integrated assessment by making use of a range of formative and summative assessment methods. Assessors should assess and give credit for the evidence of learning that has already been acquired through formal, informal and non-formal learning and work experience.
Unit standards in the qualification must be used to assess specific and critical cross-field outcomes. During integrated assessments the assessor should make use of formative and summative assessment methods and should assess combinations of practical, applied, foundational and reflexive competencies.
The qualification is subject to summative assessment and moderation processes by qualified and registered assessors and moderators within the workplace.
|Research in respect of international comparability could be very confusing, as different titles or names are attached to sheriffs, e.g. in Portugal it is known as Solicidators, in Scotland, Messengers-in-Arms and in Japan, th Shikko-kan, of which all of them operate under distinct legal frameworks.
However, it is quite clear that the common basis of a judicial officer, enforcement agent or sheriff across the globe, "remains the enforcement of judgements and writs of execution; the general assessment is that this function remains relatively difficult to define." [www.uihj.com , Editorial December 2004, articulated by Jaque Isnard] Suffice to say that the two newly developed unit standards of Service and Execution encapsulate the heart of the craft of a sheriff. Isnard further states that: "For nearly 15 years, the The International Union of Judicial Officers (UIHJ) has concentrated on the idea that the face of our profession in both Europe and Africa should be based on a range of essential criteria: private professionals proceeding with notifications, (sheriffs in South Africa operate private businesses, though officially appointed by the Minister of Justice and Constitutional Development), enforcements, public sales, or even official reports, with a high level of legal background".
The generic qualification similar to an LLB degree in South Africa is the benchmark in European countries such as Belgium, Netherlands, Portugal and Spain to perform the function of a Sheriff. The benchmarking process yielded that the South African Sheriffs' qualification compares favourably with the outcomes of the LLB as mentioned earlier, although the LLB is not unit standards based.
The LLB in Copenhagen articulate three key competencies, these are
Noting that the first qualification in sheriffing is only an entry qualification and learners can progress in respect of career-pathing to the status of for example an attorney, the competencies encapsulates those of an LLB in Copenhagen at a basic level.
Research was conducted in Sub-Saharan countries such as Zambia, Tanzania, Uganda, Namibia and Swaziland. These countries do not have any formal Sheriffs' qualifications.
Although African higher education started well during the period of national independence almost half a century ago, no specific vocational or professional qualification for sheriffs or process servers have been developed. Most newly independent African countries saw the establishment of local universities as essential to their plans for economic development, alleviating poverty and closing the gap between themselves and the developed world.
The School of Law at the University of Zambia emphasises the importance of a broad education which will prompt an awareness of human society and its history and functions. The training in law that the student does receive will in itself provide a broadening experience but the deeper the education and social awareness with which a student comes to study law the greater will be the value derived from the training in law. This is why the 0 level entrant to the University who wants to study law is required to spend the first year in the School of Humanities and Social Sciences or in the School of Natural Sciences before entering the School of Law. The course requirements demand of students entering the School of Humanities and Social Sciences and School of Natural Sciences are intended to equip them with the background necessary for an effective and profitable pursuit of legal studies.
As is evident from the above, the qualification is not stated in terms of unit standards and regrettably no further information was obtainable. However, it is notable that social context issues of race, class, gender, culture and human rights relate to a key purpose of the qualification. This qualification will contribute to the NEPAD objectives in respect of further educational initiatives.
According to an expert (Johann Fourie, sheriff and Executive member of UIJH) in the sheriffing field, the UK with the exception of Scotland, fall into the same category as the Sub-Saharan countries as they also do not hold a specialist qualification for sheriffs.
The UK does have a national qualifications framework and upon investigation, no similar sheriffing qualification was registered on the database. In terms of the other generic legal qualifications, no specific information on fundamental, core and elective components could be sourced.
Qualifications accredited to the UK qualifications framework have a clearly defined purpose and meet a clear need, have consistent standards, stated in advance and monitored by the regulatory authorities and provide clear progression opportunities.
In terms of the above, a favourable comparison can be made with regards to this qualification.
According to experts in the field, a specific qualification has been developed in France and the Francophone countries in North West Africa, which is comparable to the entry qualification, however this could not be validated through our research process. The specific source, www.uihj.com does not provide detail in respect of content and quality of a similar qualification. The same website mentions the role of the French National School of Procedure and the Training Unit for African Enforcement Agents, but no detail in respect of curriculum, unit standards and qualifications could be traced.
It is the opinion of the SGB for Sheriffs that this entry qualification benchmarks Sub-Saharan countries and compares favourably to such qualifications in Europe. It could be argued that this qualification is both strategic in its intervention and pre-figurative in its effect.
|This qualification will enable the qualifying candidate to progress to learning for further qualifications in sheriffing or in other law enforcement disciplines.
This qualification will allow a person to advance to the Diploma in Sheriffing and particularly management-based qualifications at NQF level 6 and 7 within the law enforcement environment. The qualification provides the learner with flexibility to pursue careers within law disciplines and articulate within the broader justice environment.
|CRITERIA FOR THE REGISTRATION OF ASSESSORS|
|For an applicant to register as an assessor, the applicant needs:
|As per the SAQA Board decision/s at that time, this qualification was Reregistered in 2012; 2015.|
|ID||UNIT STANDARD TITLE||PRE-2009 NQF LEVEL||NQF LEVEL||CREDITS|
|Core||114272||Analyse complaints and reports relating to referred disputes and select appropriate resolution process||Level 5||Level TBA: Pre-2009 was L5||10|
|Core||15234||Apply efficient time management to the work of a department/division/section||Level 5||Level TBA: Pre-2009 was L5||4|
|Core||15236||Apply financial analysis||Level 5||Level TBA: Pre-2009 was L5||4|
|Core||10043||Develop, implement and manage a project/activity plan||Level 5||Level TBA: Pre-2009 was L5||5|
|Core||117984||Execute court judgements in line with relevant law||Level 5||Level TBA: Pre-2009 was L5||15|
|Core||11979||Identify and apply relevant knowledge on applicable law related to policing||Level 5||Level TBA: Pre-2009 was L5||9|
|Core||15225||Identify and interpret related legislation and its impact on the team, department or division and ensure compliance||Level 5||Level TBA: Pre-2009 was L5||4|
|Core||14609||Participate in management of conflict||Level 5||Level TBA: Pre-2009 was L5||4|
|Core||110531||Plan, organise and control the day-to-day administration of an office support function||Level 5||Level TBA: Pre-2009 was L5||4|
|Core||110526||Plan, organise, implement and control record-keeping systems||Level 5||Level TBA: Pre-2009 was L5||4|
|Core||117983||Serve process, notice or document by the Sheriff of the Court||Level 5||Level TBA: Pre-2009 was L5||8|
|Fundamental||14155||Create and maintain positive workplace relationships||Level 5||Level TBA: Pre-2009 was L5||5|
|Fundamental||15093||Demonstrate insight into democracy as a form of governance and its implications for a diverse society||Level 5||Level TBA: Pre-2009 was L5||5|
|Fundamental||15233||Harness diversity and build on strengths of a diverse working environment||Level 5||Level TBA: Pre-2009 was L5||3|
|Fundamental||115791||Use language and communication strategies for vocational and occupational learning||Level 5||Level TBA: Pre-2009 was L5||5|
|Elective||14522||Analyse and explain the impact of one`s personal interactive style on one`s relationship with a client||Level 5||Level TBA: Pre-2009 was L5||6|
|Elective||114873||Apply basic financial procedures to PFMA principles||Level 5||Level TBA: Pre-2009 was L5||3|
|Elective||15096||Demonstrate an understanding of stress in order to apply strategies to achieve optimal stress levels in personal and work situations||Level 5||Level TBA: Pre-2009 was L5||5|
|Elective||11984||Give evidence in a court of law||Level 5||Level TBA: Pre-2009 was L5||4|
|Elective||11978||Identify and apply different sections of the Criminal Procedure Act||Level 5||Level TBA: Pre-2009 was L5||9|
|Elective||113810||Interpret the principles contained in basic South African law as entrenched in the constitution and the Bill of Rights||Level 5||Level TBA: Pre-2009 was L5||6|
|Elective||15214||Recognise areas in need of change, make recommendations and implement change in the team, department or division||Level 5||Level TBA: Pre-2009 was L5||3|
|Elective||10146||Supervise a project team of a developmental project to deliver project objectives||Level 5||Level TBA: Pre-2009 was L5||14|
|LEARNING PROGRAMMES RECORDED AGAINST THIS QUALIFICATION:|
|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.