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 relevant South African law with due consideration to the values of the Constitution

SAQA US ID	UNIT STANDARD TITLE
116112	Apply relevant South African law with due consideration to the values of 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	3
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 application of general SA Law within the framework of the constitution.

The qualifying learner will be able to:

Discuss SA Law in the context of the Constitution.

Explain which courts are competent to deal with constitutional issues.

Enforce a constitutional right in the appropriate court.

Apply SA Law in the context of the Constitution and common law principles.

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 SA Law in the context of the Constitution.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

Analyze and critically evaluate existing South African law in the light of the Constitution and seek harmonizing solutions to conflicts of interpretation.

ASSESSMENT CRITERION 2

Interpret and apply legislation with reference to the Constitution.

SPECIFIC OUTCOME 2

Explain which courts are competent to deal with constitutional issues.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

Explain the jurisdictional position of the various courts that are competent to deal with constitutional issues and select the appropriate court with a view of enforcing constitutional rights.

ASSESSMENT CRITERION 2

Determine which court to approach in order to challenge a seemingly incorrect finding of a court a quo.

ASSESSMENT CRITERION 3

Explain the consequences of a wrong decision with regard to the appropriate forum

SPECIFIC OUTCOME 3

Enforce a constitutional right in the appropriate court.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

Ensure that the clients have the necessary locus standi to approach a competent court to enforce constitutional rights.

ASSESSMENT CRITERION 2

Select the appropriate court to enforce the infringed constitutional rights and determine which court to approach to challenge an incorrect finding on a constitutional issue of a court a quo.

ASSESSMENT CRITERION 3

Follow and apply the procedural rules of the selected court.

SPECIFIC OUTCOME 4

Apply SA Law in the context of the Constitution and common law principles.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

Analyze, critically evaluate, interpret and apply existing South African law in the light of the Constitution and / or common law and seek harmonizing solutions to conflicts of interpretation.

ASSESSMENT CRITERION 2

Advise clients as to the available remedies in respect of all of the above existing legal systems / principles.

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
Core	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