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: 

Recover fees and disbursements in an attorney's practice 
SAQA US ID UNIT STANDARD TITLE
116101  Recover fees and disbursements in an attorney's practice 
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 5  Level TBA: Pre-2009 was L5 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
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 
This unit standard is aimed at understanding principles relating to fees and disbursements in an attorneys practice. The learner will be able to:
  • Draft, negotiate and settle, as well as tax and oppose the taxation of bills of costs.
  • Describe costs in non-litigious matters and in civil litigious matters.
  • Discuss prescribed tariffs. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    The learner is assumed to be able to:
  • Apply the general principles relating to costs.
  • Apply the ethics relating to legal costs.
  • Draft accounts by taking into account the different costs orders.

    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 
    A thorough knowledge of the Attorneys Act (53 of 1979), the Uniform rules of the High court, the Magistrates Court Act (32 of 1944) is required and is included in the above specific outcomes. 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Draft, negotiate and settle, as well as tax and oppose the taxation of bills of costs. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Indicate the importance of drawing appropriate bills of cost. 

    ASSESSMENT CRITERION 2 
    Indicate and explain the various pre-requisites for drawing a bill. 

    ASSESSMENT CRITERION 3 
    Set out a detailed explanation of the formal requirements applicable to the contents of a bill. 

    ASSESSMENT CRITERION 4 
    Distinguish between fees and disbursements. 

    ASSESSMENT CRITERION 5 
    Draft a bill of costs with regard to a given set of facts. 

    ASSESSMENT CRITERION 6 
    Indicate which considerations must be borne in mind when settling a bill of cost. 

    ASSESSMENT CRITERION 7 
    Explain the contents of the rules applicable to review of taxation in the Magistrate's Court and High Court respectively. 

    ASSESSMENT CRITERION 8 
    Indicate which items will be subject to review. 

    ASSESSMENT CRITERION 9 
    List the principles on which the court will interfere with an award by the taxing master. 

    ASSESSMENT CRITERION 10 
    Apply the prescribed tariff with regard to party and party costs, attorney and client costs, attorney and own client costs and collection matters in drafting bills of costs. 

    ASSESSMENT CRITERION 11 
    Distinguish between fees and disbursements. 

    ASSESSMENT CRITERION 12 
    Levy VAT on fees and disbursements. 

    ASSESSMENT CRITERION 13 
    Negotiate bills of costs with opponents and settle the bills. 

    ASSESSMENT CRITERION 14 
    Draft a notice for taxation. 

    ASSESSMENT CRITERION 15 
    Motivate the fees and disbursements reflected in a bill of costs to the taxing master. 

    ASSESSMENT CRITERION 16 
    Motivate the opposition of fees and disbursements reflected in an opponents bill of costs to the taxing master. 

    ASSESSMENT CRITERION 17 
    Indicate when a notice for taxation has to be given in High Court, Magistrate's Court and Supreme Court of Appeal proceedings 

    ASSESSMENT CRITERION 18 
    Explain the importance of a certificate for purposes of taxation in the High Court. 

    ASSESSMENT CRITERION 19 
    Indicate when a party can consent to the taxing of a High Court bill of costs in his/her absence and draft such a consent. 

    ASSESSMENT CRITERION 20 
    Indicate the contents of the rules applicable to taxation in the High and Magistrate's Court. 

    ASSESSMENT CRITERION 21 
    Explain the provisions pertaining to taxability of High Court and Magistrate's Court matters respectively. 

    ASSESSMENT CRITERION 22 
    Explain the concept "allocatur" and indicate the general form of the allocature in the High Court and the Magistrate's Court respectively. 

    SPECIFIC OUTCOME 2 
    Describe costs in non-litigious matters and in civil litigious matters. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Explain the approach towards non-litigious matters. 

    ASSESSMENT CRITERION 2 
    Define the concept "determination" and indicate the criteria that must be taken into account in the determination of fees. 

    ASSESSMENT CRITERION 3 
    Indicate the effect of Section 69(d) and (h) of the Attorneys Act, 53 of 1979 regarding costs in non-litigious matters. 

    ASSESSMENT CRITERION 4 
    Draft, based on a set of facts, an account in a non-litigious matter to present to a client. 

    ASSESSMENT CRITERION 5 
    Indicate the principles that govern liability of a client for increased amounts, resulting from an assessment at his/her request 

    ASSESSMENT CRITERION 6 
    Draft the notice to be forwarded to the client that indicates the reservation by an attorney of the right to claim a higher fee, if the amount of the account is increased at the stage of assessment. 

    ASSESSMENT CRITERION 7 
    Indicate the general rules that are applicable to costs orders in civil litigious matters. 

    ASSESSMENT CRITERION 8 
    Indicate the types of the costs orders that a magistrate may grant in terms of the Magistrate's Court Act. 

    ASSESSMENT CRITERION 9 
    Distinguish between party and party costs, attorney and client costs, attorney and own client costs, costs de bonis propriis, wasted costs, reserved costs, costs in the cause, costs of the day and no order as to costs. 

    ASSESSMENT CRITERION 10 
    Indicate the circumstance in which a party must apply for a specific costs order in the High Court and the Magistrate's Court. 

    ASSESSMENT CRITERION 11 
    Indicate the instances in which an offer to pay costs will be taxable, as if it had been awarded by the court. 

    ASSESSMENT CRITERION 12 
    Explain the operation of a contingency fee arrangement. 

    SPECIFIC OUTCOME 3 
    Discuss prescribed tariffs. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Explain the application of rules 48, 67, 68 and 70 of the Uniform Rules of the High Court, with regard to party and party costs, attorney and client costs and attorney and own client costs. 

    ASSESSMENT CRITERION 2 
    Explain the application of sections 80 and 81 of the Magistrate's Court Act, 32 of 1944, Rules 33, 34 and 35 thereto and Tables A and B of annexure 2 to the rules with regard to party and party costs, attorney and client costs, attorney and own client costs and collection matters 

    ASSESSMENT CRITERION 3 
    Indicate which Magistrate's court tariffs are applicable to defended and undefended matters and Section 65 proceedings. 

    ASSESSMENT CRITERION 4 
    Indicate how and which costs must be specified on a Magistrate's court summons. 


    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 POSLEC SETA ETQA and / or any other body with whom a mou was entered into.
  • Any institution offering learning that will enable achievement of this qualification must be accredited as a provider through the POSLEC SETA ETQA and / or any other body with whom a mou was entered into by SAQA.
  • The POSLEC SETA ETQA and / or any other body with whom a mou was entered into will oversee assessment and moderation of assessment according to the moderation guidelines in the relevant competency and the agreed procedures of the POSLEC SETA ETQA and / or any other body with whom a mou was entered into.
  • 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 POSLEC SETA ETQA and / or any other body with whom a mou was entered into. 

  • 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, ethics, 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  Reregistered  2023-06-30  SAS SETA 
    Elective  49598   National Diploma: Paralegal Practice  Level 5  NQF Level 05  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.