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 QUALIFICATION: 

National Certificate: Law Enforcement: Sheriffing 
SAQA QUAL ID QUALIFICATION TITLE
62829  National Certificate: Law Enforcement: Sheriffing 
ORIGINATOR
SGB for Sheriffs 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY NQF SUB-FRAMEWORK
SAS SETA - Safety and Security SETA  OQSF - Occupational Qualifications Sub-framework 
QUALIFICATION TYPE FIELD SUBFIELD
National Certificate  Field 08 - Law, Military Science and Security  Justice in Society 
ABET BAND MINIMUM CREDITS PRE-2009 NQF LEVEL NQF LEVEL QUAL CLASS
Undefined  140  Level 6  Level TBA: Pre-2009 was L6  Regular-Unit Stds Based 
REGISTRATION STATUS SAQA DECISION NUMBER REGISTRATION START DATE REGISTRATION END DATE
Reregistered  SAQA 06120/18  2018-07-01  2023-06-30 
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 qualification does not replace any other qualification and is not replaced by any other qualification. 

PURPOSE AND RATIONALE OF THE QUALIFICATION 
Purpose:

This Qualification empowers learners to become legal experts within the sheriffing environment and subsequently provide expert legal advice to subordinates in the execution of their duties.

Society will benefit from this qualification in that learners will be empowered to deal with the public conscientiously and professionally when executing court orders, execution procedures or serving notices. Learners will, in the execution of their duties, also be able to advise the public in terms of their legal and constitutional rights.

Further learners will be empowered in the application of human rights and ethics when dealing with the public thereby ensuring the effective delivery of the relevant and appropriate sheriffing services within the framework of the law. In this way the learners will assist in changing the perceptions of the public at large and improve relationships between the Sheriff and the public.

A learner acquiring this Qualification will be able to:
  • Analyse South African law relevant to sheriffing.
  • Apply ethics and values in sheriffing.
  • Apply the legal principles of civil law in sheriffing.
  • Apply sheriffing procedures within the legal framework.

    Rationale:

    This qualification reflects the need and demand within the sheriffing environment for people who are highly competent in the legal aspects pertaining to the sheriffs' role within the South African legal framework. This Qualification will provide a means through which to develop competent sheriffs that can stay abreast of the changing and dynamic environment of legislation and law enforcement while maintaining core ethics and values associated with the profession.

    This Qualification is for learners who are pursuing senior positions within the sheriffing environment and is the last in the occupational learning pathway. It provides learners with opportunities for professional development and career advancement within the broader constituencies of the paralegal community. It will contribute to providing better paralegal services, and more specifically sheriff services, for all the people in the Republic of South Africa. It provides access to academic learning and an academic pathway in the legal profession.

    The Qualification assists learners in critically evaluating legislative information and exercising appropriate professional legal judgement. The range of electives will also allow the individual to pursue further specialisation within law enforcement and management. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Communication at NQF Level 5.

    Recognition of Prior Learning:

    This Qualification makes the Recognition of Prior Learning possible, if the learner is able to demonstrate competence in the knowledge, skills, values and attitudes implicit in this Sheriffing Qualification. Recognition of Prior Learning will be done by means of an Integrated Assessment as mentioned in the previous paragraph.

    This Recognition of Prior Learning may allow:
  • For accelerated access to further learning.
  • Gaining of credits towards a unit standard.
  • Recognition for the whole or part of the Qualification.

    All recognition of Prior Learning is subject to quality assurance by the relevant accredited Education, Training, Quality, and Assurance Body and is conducted by a registered workplace assessor. Because the standards are only core and fundamental, these standards may have been acquired in a range of economic sectors and these will be recognizes as appropriate.

    Access to the Qualification:

    Learners wishing to achieve this Qualification must be in the possession of a National Senior Certificate or a Further Education and Training Certificate. However it is preferred that the learner has successfully completed National Certificate: Law Enforcement: Sherrifing, NQF Level 5. 

  • RECOGNISE PREVIOUS LEARNING? 

    QUALIFICATION RULES 
    The Qualification consists of a Fundamental, a Core and an Elective Component.

    To be awarded the Qualification learners are required to obtain a minimum of 140 credits as detailed below.

    Fundamental Component:
  • The Fundamental Component consists of Unit Standards to the value of 35 credits all of which are compulsory.

    Core Component:
  • The Core Component consists of Unit Standards to the value of 85 credits all of which are compulsory.

    Elective Component:
  • The elective component consists of individual unit standards from which the learner must choose unit standards totalling a minimum of 20 credits. 

  • EXIT LEVEL OUTCOMES 
    1. Analyse South African law relevant to sheriffing.

    2. Apply ethics and values in sheriffing.

    3. Apply the legal principles of civil law in sheriffing.

    4. Apply sheriffing procedures within the legal framework.

    Critical Cross-Field Outcomes:

    This qualification promotes, in particular, the following Critical Cross-Field Outcomes:

    Identifying and solving problems in which responses display that responsible decisions using critical and creative thinking have been made when:
  • Applying the legal principles of civil law in sheriffing.
  • Applying sheriffing procedures within the legal framework.

    Working effectively with others as a member of a team, group, organisation, and community during:
  • The application of ethics and values in sheriffing.
  • The application of legal principles of civil law in sheriffing.
  • The application of sheriffing procedures within the legal framework.

    Organising and managing oneself and one's activities responsibly and effectively when:
  • Applying sheriffing procedures within the legal framework.

    Communicate effectively using visual, mathematical and/or language in the modes of oral and/or written persuasion when:
  • Applying the legal principles of civil law in sheriffing.
  • Applying sheriffing procedures within the legal framework.

    Collecting, analysing, organising and critically evaluating information to better understand and explain:
  • The analysis of South African law relevant to sheriffing.
  • The application of legal principles of civil law in sheriffing.

    Demonstrating an understanding of the world as a set of related systems by recognising that problem-solving contexts do not exist in isolation when:
  • Analysing South African law relevant to sheriffing. 

  • ASSOCIATED ASSESSMENT CRITERIA 
    Associated Assessment Criteria for Exit Level Outcome 1:

    1.1 The different sources of the South African law are identified within the South African legal framework.
    1.2 The different sources of the South African law are compared to establish the supremacy of each source within a factual scenario.
    1.3 An explanation is given of the post-constitutional development of the different sources of South African law.

    Associated Assessment Criteria for Exit Level Outcome 2:

    2.1 Good business practices are applied within the sheriffs office.
    2.2 Ethical codes and moral conduct that are applicable to the sheriff's profession are applied in accordance with code of conduct for Sheriffs.

    Associated Assessment Criteria for Exit Level Outcome 3:

    3.1 The rights of members of the public are analysed in order to determine the sheriff's application thereof in executing their tasks.
    3.2 Conflicting civil law rights are analysed in order to determine the supremacy of rights.
    3.3 The effect of a person's status on his/her rights is analysed in terms of the execution of the sheriff's task.
    3.4 An explanation is given of the different forms of civil liability.

    Associated Assessment Criteria for Exit Level Outcome 4:

    4.1 Advanced forms of service of process are applied within the sheriffing environment.
    4.2 The supremacy of conflicting rights is applied in the execution of the sheriff's task.
    4.3 An auction of movable and immovable assets is held according to legal prescripts.
    4.4 Requirements and restrictions of collective debt collecting are applied as it pertains to the Sheriff's profession.

    Integrated Assessment:

    Because assessment practices must be open, transparent, fair, valid, and reliable and ensure that no learner is disadvantaged in any way whatsoever, an integrated assessment approach is incorporated into the Qualification. Learning, teaching and assessment are inextricably linked. Whenever possible, the assessment of knowledge, skills, attitudes and values shown in the unit standards should be integrated.

    A variety of methods must be used in assessment and tools and activities must be appropriate to the context in which the learner is working. Where it is not possible to assess the learner in the workplace or on-the-job, simulations, case studies, role-plays and other similar techniques should be used to provide a context appropriate to the assessment.

    The term 'Integrated Assessment' implies that theoretical and practical components should be assessed together. During integrated assessments the assessor should make use of formative and summative assessment methods and assess combinations of practical, applied, foundational and reflective competencies.

    Assessors and moderators should make use of a range of formative and summative assessment methods. Assessors should assess and give credit for the evidence of learning that has already been acquired through formal, informal and non-formal learning and work experience.

    Assessment should ensure that all Specific Outcomes, Essential Embedded Knowledge and Critical Cross-Field Outcomes are assessed. The assessment of the Critical Cross-Field Outcomes should be integrated with the assessment of Specific Outcomes and Essential Embedded Knowledge. 

    INTERNATIONAL COMPARABILITY 
    Best Practice:

    During narrow consultation with experts in the sheriffing environment it was determined that the task of sheriffs in South Africa differs vastly to most other countries, although certain commonalities could be found. With further wider consultation it was discovered that the majority of the world's sheriffs are incorporated into the police services and therefore fulfil a policing role unlike South African sheriffs.

    The countries on which this Internationally Comparability is based were chosen due to the fact that they make use of the term sheriff as it is used in South Africa.

    United Kingdom:

    England and Wales:

    In England and Wales, sheriff responsibilities are conducted by High Court Enforcement Officers. Their primary task is to execute High Court writs amongst other things. They replaced Sheriff's Officers in April 2004. High Court Enforcement Officers are usually graduates who have completed a law degree and therefore already trained for the task at hand. The few non-graduate High Court Enforcement Officers are usually ex police officers or private investigators.

    The Association of British Investigators is the professional body which looks after the interests and standardises the training of non-graduate High Court Enforcement Officers in England and Wales. Various training institutions in the United Kingdom are affiliated to the Association. These institutions and the programmes they present are as follows:

    Hartwell Services.

    Course Title: Introduction to Bailiff Work:
  • Understanding the type of work.
  • Laws of distress.

    Course Title: Bailiff Training:
  • An in-depth picture of the industry.
  • History.
  • Ethics.
  • Statutory Instruments.

    Course Title: Bailiff Training (Advanced):
  • Further training on legislation.
  • Work Practice.

    Conclusion: This Qualification is far more advanced in legal aspects concerning sheriffing than the above mentioned courses.

    Bluemoon School of Investigation.

    Course Title: Certified Bailiff:
  • Terminology.
  • Types of seizure.
  • Types of Bailiffs.
  • Types of Bailiff work.
  • Laws regarding entry, removals, fees, what to remove, Bailiff offences, debtor offences, forms and procedures.

    Conclusion:

    The above course only addresses the main needs of a sheriff in so far as it relates to seizure and the basic work that Sheriffs do. It is therefore not totally comparable with this Qualification as it covers a wider scope.

    Scotland:

    In Scotland, a sheriff is similar to a judge and sits in a second-tier court, called the Sheriff Court. Sheriffs are usually advocates and, increasingly, solicitors with many years legal experience.

    Conclusion: Sheriff training in Scotland can not be compared to this Qualification as the Scottish sheriff fulfills a different task to that of his/her South African counterpart.

    Ireland:

    In the Republic of Ireland, sheriff is a job title held by persons charged with either enforcing court judgements or recovering outstanding taxes on behalf of the Revenue Commissioners. City or county sheriffs are appointed by the government who, on the granting of a court order can seize goods and chattels or, under the order of the revenue's Collector-General, demand payment against tax.

    United States of America:

    In the United States a sheriff is generally an elected law enforcement officer of a county. The political election of a person to serve as a police leader is almost solely an American tradition. All law enforcement officers working for the agency headed by a sheriff are called sheriff's deputies or deputy sheriffs. In many areas of the United States, the sheriff is also responsible for collecting the taxes and may have other titles such as Tax Collector or County Treasurer.

    Training of sheriffs in the United States of America takes place per state and is structured around law enforcement. However the following training was found to be similar to that of the sheriff's tasks in South Africa.

    Los Angeles County Sheriff's Department.

    Course Title: Court Services Training:
  • Sworn/Civilian Training for Court Services.
  • Bailiff's Orientation.
  • Security Assistant School.
  • Court Services Force Training.

    Course Title: Court Services Training:
  • Sworn/Civilian Training for Court Services.

    Conclusion: These American courses do not compare well with this Qualification as it is more focussed in internal court procedures than the execution of court rulings.

    Canada:

    In the Canadian state of Newfoundland and Labrador the Office of the High Sheriff performs a number of services related to criminal and civil process, court operations and prisoner escort and transport. High Sheriffs have the following responsibilities:
  • Serving civil and/or criminal process for the Crown and Crown related agencies, lawyers and the public.
  • Acting as ex-officio Federal Marshals in Admiralty Law and other matters in carrying out ship or aircraft arrests and discharging other Federal Court orders.
  • Discharging the instructions and orders of the Judges of the Supreme Court of Canada, the Federal Court of Canada (Appeal Division), the Federal Court of Canada (Trial Division), the Court of Appeal of Newfoundland and Labrador, the Supreme Court of Newfoundland and Labrador ,Trial Division, and Provincial Courts of Newfoundland and Labrador.
  • Maintaining the provincial jury list.
  • Summoning jurors and looking after their needs and security from the beginning to the end of a trial.
  • Collecting accounts on behalf of creditors with judgments, including seizure and sale of assets and garnishment of monies.
  • Protecting the rights of debtors against overzealous creditors.
  • Collecting monies for the support of spouses and children under the Support Enforcement Act.
  • Enforcing decisions of the Residential Tenancies Board.
  • Safely transporting and housing persons in our custody, including young offenders and operating holding cells for prisoners at Atlantic Place, St. John's.
  • Providing security services to our Courts and the people who attend at the same.
  • Implementing advanced technological initiatives such as the Sheriff's Office Remote Electronic Access Project and Justice's Fines Administration Project.
  • Working with Fines Administration in collecting fines on behalf of the province owed to the Courts.

    Conclusion: Sheriff training in Canada can not be compared to this Qualification as the Canadian sheriff fulfills a different task to that of his/her South African counterpart.

    India:

    Among cities in India, only Mumbai (Bombay), Chennai (Madras) and Kolkata (Calcutta) have a Sheriff. The Sheriff has an apolitical, non-executive role. Sheriffs preside over various city-related functions and conferences and welcome foreign guests. The post is second to the mayor in the protocol list.

    Conclusion: Sheriff training in India can not be compared to this Qualification as the Indian sheriff fulfills a different task to that of his/her South African counterpart.

    Australia:

    In New South Wales the Office of the Sheriff has broad responsibility for the enforcing the civil law as well as the providing Court security and running the jury system.

    The responsibilities of the Sheriff today are to:
  • Administer the Sheriff's Office.
  • Serve Summonses and enforcement orders, warrants and orders of the Supreme, District and Local Courts, and other tribunals and courts in New South Wales.
  • Serve and enforce orders within the borders of New South Wales on behalf of Commonwealth Courts, including the High Court, Federal Court and the Family Court of Australia.
  • Arrange security for the Supreme Court, District Court, certain Local Courts and a range of tribunals.
  • Administer the jury system in New South Wales.

    Conclusion: Sheriff training in Australia can not be compared to this Qualification as the Australian sheriff fulfills a different task to that of his/her South African counterpart.

    Main Conclusion:

    The International Comparability completed confirms that the task of the South African sheriff is unique compared to the rest of the world. The result of this is that no other single qualification and/or learning programme exist with which to compare this Qualification. 

  • ARTICULATION OPTIONS 
    This Qualification lends itself to articulation possibilities with:
  • ID 22993: Bachelor of Law, NQF Level 7. 

  • MODERATION OPTIONS 
  • Anyone assessing a learner or moderating the assessment of a learner against this Qualification must be registered as an assessor with the relevant Education, Training, Quality, and Assurance (ETQA) Body.
  • Any institution offering learning that will enable the achievement of this Qualification must be accredited as a provider with the relevant ETQA.
  • Assessment and moderation of assessment will be overseen by the relevant ETQA according to the ETQA's policies and guidelines for assessment and moderation; in terms of agreements reached around assessment and moderation between ETQA's (including professional bodies); and in terms of the moderation guideline detailed immediately below.
  • Moderation must include both internal and external moderation of assessments at exit points of the Qualification, unless ETQA policies specify otherwise. Moderation should also encompass achievement of the competence described both in individual unit standards and the integrated competence described in the Qualification.

    Anyone wishing to be assessed against this Qualification may apply to be assessed by any assessment agency, assessor or provider institution that is accredited by the relevant ETQA. 

  • CRITERIA FOR THE REGISTRATION OF ASSESSORS 
    For an applicant to register as an assessor, the applicant needs:
  • A minimum of 2 (two) years' practical, relevant occupational experience.
  • A relevant Qualification at NQF Level 7 or higher.
  • To be registered as an assessor with the relevant ETQA. 

  • REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this qualification was Reregistered in 2012; 2015. 

    NOTES 
    N/A 

    UNIT STANDARDS: 
      ID UNIT STANDARD TITLE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
    Core  256958  Demonstrate an understanding of the legal prescripts for auctions  Level 5  Level TBA: Pre-2009 was L5 
    Core  256937  Serve process, notice or documents by the Sheriff of the Court in specific instances  Level 5  Level TBA: Pre-2009 was L5  10 
    Core  256955  Analyse legal aspects pertaining to legal capacity, personae and proprietorships  Level 6  Level TBA: Pre-2009 was L6 
    Core  256957  Analyse the effect of marital status on rights and obligations of persons  Level 6  Level TBA: Pre-2009 was L6 
    Core  256975  Analyse the process of collective debt collecting  Level 6  Level TBA: Pre-2009 was L6 
    Core  256938  Analyse various forms of liability within the Sheriff's environment  Level 6  Level TBA: Pre-2009 was L6  18 
    Core  256936  Demonstrate an understanding of real and personal rights in terms of ownership and possession  Level 6  Level TBA: Pre-2009 was L6  10 
    Core  256956  Demonstrate an understanding of the sources of South African law  Level 6  Level TBA: Pre-2009 was L6 
    Core  256939  Manage execution procedures of Courts of Law  Level 6  Level TBA: Pre-2009 was L6  16 
    Fundamental  116096  Apply effective communication skills in legal practice  Level 6  Level TBA: Pre-2009 was L6  10 
    Fundamental  230078  Apply the principles of ethics to a business environment  Level 6  Level TBA: Pre-2009 was L6  10 
    Fundamental  256935  Examine advanced legal aspects within the sherrif's environment  Level 6  Level TBA: Pre-2009 was L6  15 
    Elective  12982  Administer and wind up insolvent estates  Level 5  Level TBA: Pre-2009 was L5 
    Elective  114274  Demonstrate and apply an understanding of the Basic Conditions of Employment Act (Act 75 of 1997)  Level 5  Level TBA: Pre-2009 was L5 
    Elective  114278  Demonstrate and apply an understanding of the Labour Relations Act (Act 66 of 1995)  Level 5  Level TBA: Pre-2009 was L5  12 
    Elective  116603  Demonstrate and apply understanding of the legal requirements relevant to the liquidation of debt  Level 5  Level TBA: Pre-2009 was L5  10 
    Elective  116607  Demonstrate knowledge of the repossession of goods under a credit agreement  Level 5  Level TBA: Pre-2009 was L5  10 
    Elective  116349  Apply business performance management practices  Level 6  Level TBA: Pre-2009 was L6  10 
    Elective  12985  Identify and assess negotiable instruments relating to modes of payment  Level 6  Level TBA: Pre-2009 was L6  10 
    Elective  120306  Manage service delivery improvement  Level 6  Level TBA: Pre-2009 was L6 


    LEARNING PROGRAMMES RECORDED AGAINST THIS QUALIFICATION: 
     
    NONE 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS QUALIFICATION: 
    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.
     
    NONE 



    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.