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 principles contained in the constitution 
SAQA US ID UNIT STANDARD TITLE
116106  Apply the principles contained in the constitution 
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  2 
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 
This unit standard is aimed at understanding the constitution, Bill of rights, Access to Information and Administrative Justice.

The qualifying learner will be able to:
  • Discuss the Constitution.
  • Explain the Bill of Rights and advise clients on its basic principles.
  • Explain who is entitled to approach a competent court regarding rights entrenched in the Bill of Rights and know, understand and apply the rules of the Constitutional Court.
  • Apply the Promotion of Access to Information Act, no 2 of 2000 and the Promotion of Administrative Justice Act, no 3 of 2000. 
    		•

    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 
    Discuss the Constitution. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Interpret and apply the constitutional values within the context of a constitutional democracy. 

    ASSESSMENT CRITERION 2 
    Advance the creation of a just and democratic society within the South African legal framework. 

    ASSESSMENT CRITERION 3 
    Make reference to comparable foreign legal systems in order to interpret and apply constitutional principles. 

    ASSESSMENT CRITERION 4 
    Appreciate and promote cultural and religious diversity within the context of the Constitution. 

    SPECIFIC OUTCOME 2 
    Explain the Bill of Rights and advise clients on its basic principles. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    List the constitutionally entrenched rights. 

    ASSESSMENT CRITERION 2 
    Explain the basic principles and advise clients regarding the application of the Bill of Rights. 

    ASSESSMENT CRITERION 3 
    Advise clients on the question whether or not an infringement of a constitutional right has occurred. 

    ASSESSMENT CRITERION 4 
    Advise clients on various specific rights such as, the success prospects of a claim based on property, equality rights, the right against unfair discrimination, the right to freedom of expression and the impact of this right upon the state's conduct as well as on certain aspects of the law of defamation, the right to human dignity, the right to freedom and security of the person, the right to privacy and the right to freedom of religion, belief and opinion. 

    ASSESSMENT CRITERION 5 
    Explain the onus of proof in equality and discrimination litigation with reference to appropriate case law 

    ASSESSMENT CRITERION 6 
    Explain that remedies to enforce constitutional rights may vary widely, depending upon the circumstances under which rights may be infringed as well as the eventualities, which have given rise to the infringement. 

    ASSESSMENT CRITERION 7 
    Explain the requirements and list the factors to be taken into account for the limitation of constitutional rights. 

    ASSESSMENT CRITERION 8 
    Apply the limitation requirements to a given set of facts. 

    ASSESSMENT CRITERION 9 
    Indicate that legislation may not only be declared invalid to the extent that it is inconsistent with the Constitution but that concomitant remedies might also apply. 

    SPECIFIC OUTCOME 3 
    Explain who is entitled to approach a competent court regarding rights entrenched in the Bill of Rights and know, understand and apply the rules of the Constitutional Court. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The learner must be able to explain section 38 of the Constitution of the Republic of South Africa, 108 of 1996 and advise clients on the question of standing. 

    ASSESSMENT CRITERION 2 
    Apply the rules of the Constitutional Court 

    SPECIFIC OUTCOME 4 
    Apply the Promotion of Access to Information Act, no 2 of 2000 and the Promotion of Administrative Justice Act, no 3 of 2000. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Explain the constitutional framework of the Act. 

    ASSESSMENT CRITERION 2 
    Explain the general application of the Act 

    ASSESSMENT CRITERION 3 
    Indicate how access to public and private information be obtained and the grounds of refusal of access. 

    ASSESSMENT CRITERION 4 
    Indicate the available remedies in the event of a refusal of access to information. 

    ASSESSMENT CRITERION 5 
    Explain the procedure to be followed after an internal appeal has been unsuccessful 

    ASSESSMENT CRITERION 6 
    Define administrative action and explain the practical implementation thereof. 

    ASSESSMENT CRITERION 7 
    Explain when an administrative action will be regarded as procedurally fair. 

    ASSESSMENT CRITERION 8 
    Indicate when an administrative action may be taken on review. 

    ASSESSMENT CRITERION 9 
    Advise clients on the appropriate remedies in the event of an infringement of the rights as set out in Act 3 of 2000. 


    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, 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
    Elective  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.