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

Draft a range of legal documents in an attorney's practice 
SAQA US ID UNIT STANDARD TITLE
116118  Draft a range of legal documents 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 7  Level TBA: Pre-2009 was L7  8 
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 and using the various legal documents (agreements), which are to be completed in the profession. The qualifying learner will be able to:
  • Explain the attorney's duties when drafting an agreement.
  • Explain the general principles of drafting agreements.
  • Describe the common terms included in an agreement.
  • Apply these principles in a real situation of a legal practice and draft a range of agreements such as:
  • Sale of land.
  • Sale of a business as a going concern.
  • Sale of shares and a loan account.
  • Lease of business and residential premises.
  • Suretyship.
  • Acknowledgement of debt.
  • Association.
  • Cession 
    		•

    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 the attorney's duties when drafting an agreement. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Identify the basic duties an Attorney must fulfill when drafting an agreement. 

    ASSESSMENT CRITERION 2 
    Identify the purpose of entering into a written agreement. 

    ASSESSMENT CRITERION 3 
    Explain why VAT is an important consideration when drafting certain agreements. 

    ASSESSMENT CRITERION 4 
    Advise how to deal with VAT in contracts and achieve a zero rating. 

    SPECIFIC OUTCOME 2 
    Explain the general principles of drafting agreements. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Explain the contractual capacity of minors, persons married in community of property, companies/close corporations, voluntary associations and trustees. 

    ASSESSMENT CRITERION 2 
    Discuss the principles of authority applicable to a person acting in a representative capacity and apply same to given set of facts. 

    ASSESSMENT CRITERION 3 
    Explain the principle of legality with reference to sale / lease of a portion of land and transfer of business. 

    ASSESSMENT CRITERION 4 
    Explain the purpose of and the principles applicable to the written record of a contract and the signature of both parties. 

    ASSESSMENT CRITERION 5 
    Explain the constitutional issues involved in drafting an agreement. 

    ASSESSMENT CRITERION 6 
    Distinguish between the concepts "essentialia" and "naturalia". 

    ASSESSMENT CRITERION 7 
    Explain how to draft an understandable contract with reference to the wording of clauses, organizing and designing thereof. 

    SPECIFIC OUTCOME 3 
    Describe the common terms included in an agreement. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The learner must be able to draft standard terms relating to non-variation, non-relaxation, jurisdiction and address for service. 

    SPECIFIC OUTCOME 4 
    Draft the following agreements and apply these principles in a real situation of a legal practice. 
    OUTCOME NOTES 
  • Sale of land.
  • Sale of a business as a going concern.
  • Sale of shares and a loan account.
  • Lease of business and residential premises.
  • Suretyship.
  • Acknowledgement of debt.
  • Association.
  • Cession 
    		•

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Identify the essentialia and naturalia of ALL the above agreements and explain all relevant terminology 

    ASSESSMENT CRITERION 2 
    Discuss the concepts "latent defects". 

    ASSESSMENT CRITERION 3 
    Explain the formalities, which have to be complied with in terms of the various acts. 

    ASSESSMENT CRITERION 4 
    List the essential and material provisions that should be contained in ALL contracts. 

    ASSESSMENT CRITERION 5 
    Draft, with regard to a given set of facts, ALL of the above contract agreements. 

    ASSESSMENT CRITERION 6 
    Draft a right of first refusal. 

    ASSESSMENT CRITERION 7 
    Draft a VAT clause and explain the relevance thereof. 

    ASSESSMENT CRITERION 8 
    Explain the importance of the concept "effective date". 

    ASSESSMENT CRITERION 9 
    Calculate the stamp duty on agreements. 

    ASSESSMENT CRITERION 10 
    Discuss the common law duties of signatories to agreemenets both the lessor and lessee. 

    ASSESSMENT CRITERION 11 
    Explain how the common law can be "limited" by an agreement. 

    ASSESSMENT CRITERION 12 
    The learner must understand and interpret the needs and requests of clients and record these in proper legal documents. 

    ASSESSMENT CRITERION 13 
    The learner must be able to advise clients of the legal implications attached to specific legal documents 

    SPECIFIC OUTCOME 5 
    Draft an employment agreement. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    List the essentials of an employment contract. 

    ASSESSMENT CRITERION 2 
    Discuss the influence of the Basic Conditions of Employment, Labour Relations, Employment Equity and Skills Development legislation on employment contracts. 

    ASSESSMENT CRITERION 3 
    Discuss the importance of proper discipline and grievance procedures with regard to employment contracts. 

    ASSESSMENT CRITERION 4 
    Explain the concept "restraint of trade, with reference to a given set of facts, the legal validity of various restraint of trade clauses. 

    ASSESSMENT CRITERION 5 
    Draft a simple employment contract with regard to a given set of facts. 


    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 


    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.