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

Apply relevant customary law 
SAQA US ID UNIT STANDARD TITLE
116116  Apply relevant customary law 
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 Customary Law and its relation to other laws.

The qualifying learner will be able to:
  • Explain how and when customary law is recognized.
  • Explain how customary law is dealt with when it conflicts with other laws.
  • Describe which courts may apply customary law.
  • Discuss the procedure followed in traditional authority courts.
  • Explain the customary law relating to:
  • Marriages.
  • Property.
  • Contracts.
  • Delicts.
  • Succession.
  • Discuss traditional authorities. 
    		•

    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 
    Explain how and when customary law is recognized. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Describe how customary law is recognized by the Constitution. 

    ASSESSMENT CRITERION 2 
    Show the impact of the Bill of Rights on the recognition of customary law. 

    ASSESSMENT CRITERION 3 
    Explain the manner in which conflicts between customary law and human rights should be resolved. 

    ASSESSMENT CRITERION 4 
    Explain the development of customary law. 

    SPECIFIC OUTCOME 2 
    Explain how customary law is dealt with when it conflicts with other laws. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Explain section 1(1) and (2) of the Law of Evidence Amendment Act, 45 of 1988. 

    ASSESSMENT CRITERION 2 
    Indicate the manner in which courts may take judicial notice of customary law. 

    ASSESSMENT CRITERION 3 
    Outline the principles governing choice of law. 

    ASSESSMENT CRITERION 4 
    Explain how conflicts between different systems of customary law are to be resolved. 

    SPECIFIC OUTCOME 3 
    Describe which courts may apply customary law. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Indicate which courts may apply customary law. 

    ASSESSMENT CRITERION 2 
    Describe the role of the Magistrate's court as court of first instance or court of appeal. 

    SPECIFIC OUTCOME 4 
    Discuss the procedure followed in traditional authority courts. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The learner must be able to give an account of a trial in a traditional authority court with reference to the initiation of the proceedings, the evidence adduced, judgment and the execution of sentence. 

    SPECIFIC OUTCOME 5 
    Explain the customary law. 
    OUTCOME NOTES 
  • Marriages.
  • Property.
  • Contracts.
  • Delicts.
  • Succession. 
    		•

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Explain the requirements for a valid customary law. 

    ASSESSMENT CRITERION 2 
    Advise whether registration is a prerequisite for the validity of a customary marriage. 

    ASSESSMENT CRITERION 3 
    Indicate how evidence is obtained to prove the existence of a disputed customary marriage. 

    ASSESSMENT CRITERION 4 
    Advise on the propriety consequences of a customary marriage. 

    ASSESSMENT CRITERION 5 
    Indicate under what circumstances a further customary marriage may be contracted. 

    ASSESSMENT CRITERION 6 
    Explain the procedure to be followed when a husband intends to contract another customary marriage. 

    ASSESSMENT CRITERION 7 
    Explain property rights in customary law with reference to the Constitution. 

    ASSESSMENT CRITERION 8 
    Define property and the characteristics of the right to property in customary law. 

    ASSESSMENT CRITERION 9 
    Advise on customary land rights, the powers of traditional leaders over land and how rights over land are upgraded, protected and terminated. 

    ASSESSMENT CRITERION 10 
    Explain "lobolo", "bogadi" and "bohali". 

    ASSESSMENT CRITERION 11 
    Indicate who the respective parties to the agreements are. 

    ASSESSMENT CRITERION 12 
    Indicate the obligations that arise from the provision of "lobolo". 

    ASSESSMENT CRITERION 13 
    Explain "ukwethula"," ukwenzelela", "ukufakwa" and "mafiasa". 

    ASSESSMENT CRITERION 14 
    Explain the position of "lobolo" after termination of the marriage. 

    ASSESSMENT CRITERION 15 
    Explain the sexual delicts in customary law and the liability of the family head. 

    ASSESSMENT CRITERION 16 
    Indicate when claims prescribe. 

    ASSESSMENT CRITERION 17 
    Explain the effect of the negligent causation of the death of the breadwinner. 

    ASSESSMENT CRITERION 18 
    Advise on the effect of the Recognition of Customary Marriages Act, 120 of 1998. 

    ASSESSMENT CRITERION 19 
    Explain the law of succession in customary law and its constitutionality. 

    ASSESSMENT CRITERION 20 
    Advise how intestate estates of Black persons are administered. 

    ASSESSMENT CRITERION 21 
    Distinguish between estates devolving under the common and according to customary law. 

    SPECIFIC OUTCOME 6 
    Discuss traditional authorities. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Advise on the Black Authorities Act, 68 of 1951. 

    ASSESSMENT CRITERION 2 
    Explain former homeland legislation. 

    ASSESSMENT CRITERION 3 
    Explain the role of traditional leaders within the context of the Constitution and local government. 

    ASSESSMENT CRITERION 4 
    Advise on the succession of chiefs and headmen. 


    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.