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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Interpret the principles contained in basic South African law as entrenched in the constitution and the Bill of Rights 
SAQA US ID UNIT STANDARD TITLE
113810  Interpret the principles contained in basic South African law as entrenched in the constitution and the Bill of Rights 
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 5  Level TBA: Pre-2009 was L5 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
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 
The qualifying learner will know and understand the principles of basic SA law as entrenched in the Constitution and the Bill of Rights. This unit standard will ensure qualifying learners will be able to:
  • Explain the Bill of Rights and advise clients on the basic principles
  • Discuss the Promotion of Access to Information Act, No. 2 of 2000 and the Promotion of Administrative Justice Act, No 3 of 2000.
  • Support clients to enforce constitutional rights in the appropriate courts
  • Discuss and advise on South African law in the context of the Constitution 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    It is suggested that learners who wish to achieve the outcomes of this unit standard should be competent in:
  • Language and Communication at NQF level 4.
  • Mathematical literacy at NQF level 4. 

  • UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Advise clients on the basic principles in terms of the Bill of Rights. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The constitutionally entrenched rights are listed, the basic principles are explained and clients are advised on the application of the Bill of Rights. 

    ASSESSMENT CRITERION 2 
    Clients are advised when an infringement of a constitutional right has occurred and the prospects of success in cases on various specific rights. 
    ASSESSMENT CRITERION RANGE 
    Range of specific rights: property, equality, discrimination, freedom of expression,
    dignity, freedom, security, privacy, religion, belief and opinion)
     

    ASSESSMENT CRITERION 3 
    The various remedies to enforce constitutional rights are described in-keeping with the circumstances and eventualities of the infringement. 

    ASSESSMENT CRITERION 4 
    The onus of proof in equality and discrimination litigation is discussed with reference to appropriate case law. 

    ASSESSMENT CRITERION 5 
    The requirements and factors to be considered for the limitation of constitutional rights are described. 

    ASSESSMENT CRITERION 6 
    Legislation that is inconsistent with the Constitution and concomitant remedies is described as invalid. 

    SPECIFIC OUTCOME 2 
    Discuss 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 
    The constitutional framework and general application of the Act is discussed. 

    ASSESSMENT CRITERION 2 
    Access to public and private information and the grounds for the refusal of access is described and available remedies for this eventuality are indicated. 

    ASSESSMENT CRITERION 3 
    The procedure to be followed after an unsuccessful internal appeal is described. 

    ASSESSMENT CRITERION 4 
    Administrative action and what constitutes procedural fairness is defined and the practical implications are discussed. 

    ASSESSMENT CRITERION 5 
    The appropriate remedies and administrative review in the event of an infringement of the rights as set out in Act 3 of 2000 is discussed with the client. 

    SPECIFIC OUTCOME 3 
    Support clients to enforce constitutional rights in the appropriate courts. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Clients are assisted to have the necessary locus standi to approach a court to enforce constitutional rights. 

    ASSESSMENT CRITERION 2 
    The appropriate court is selected to enforce the infringed constitutional rights and to challenge an incorrect finding on a constitutional issue. 

    ASSESSMENT CRITERION 3 
    The procedural rules of the selected court are followed and applied. 

    SPECIFIC OUTCOME 4 
    Discuss and advise on South African law in the context of the Constitution. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Existing South African law is explained in the light of the Constitution and conflicts of interpretation is resolved. 

    ASSESSMENT CRITERION 2 
    Section 38 of the Constitution, 108 of 1996 is explained and clients are advised on the question of standing. 

    ASSESSMENT CRITERION 3 
    Legislation with reference to the constitution is interpreted and applied and the rules of the Constitutional Court are applied. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
    Any institution offering learning towards this unit standard must be accredited as a provider with the relevant ETQA. The relevant ETQA will oversee the assessment and moderation of assessment according to the moderation guidelines that the ETQA will set. 

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
    The learners can apply:
  • SA Constitution and Bill of Rights
  • Basic South African law
  • Rules and procedures of the Constitutional Court 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identify and solve problems of interpretation and application of SA law as entrenched in the Constitution and Bill of rights and display that responsible decisions using critical and creative thinking have been made 

    UNIT STANDARD CCFO WORKING 
    Work effectively with others as a member of a court service management team and organisation. 

    UNIT STANDARD CCFO ORGANISING 
    Organise and manage oneself and one's activities responsibly and effectively. 

    UNIT STANDARD CCFO COLLECTING 
    Collect, analyse, organise and critically evaluate information of cases and hearings to improve client services. 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively using language skills in the modes of oral and/or written persuasion to advise clients and ensure effective court services. 

    UNIT STANDARD CCFO SCIENCE 
    Use science and technology effectively and critically in recording and reporting on cases and hearings. 

    UNIT STANDARD ASSESSOR CRITERIA 
    Anyone assessing learners against this unit standard must be registered as an assessor with the relevant ETQA and must be in possession of a qualification in or related to Court Management or a related sub-field of Justice in Society at NQF level 6. 

    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  49598   National Diploma: Paralegal Practice  Level 5  NQF Level 05  Reregistered  2023-06-30  SAS SETA 
    Elective  58696   National Certificate: Close Protection  Level 5  Level TBA: Pre-2009 was L5  Reregistered  2023-06-30  SAS SETA 
    Elective  49336   National Certificate: Law Enforcement: Sheriffing  Level 5  Level TBA: Pre-2009 was L5  Reregistered  2023-06-30  SAS SETA 
    Elective  22774   National Diploma: Rubber Technology  Level 5  NQF Level 05  Reregistered  2023-06-30  MERSETA 
    Elective  20414   National Diploma: Service Management  Level 5  NQF Level 05  Reregistered  2023-06-30  CATHSSETA 


    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. EKHURHULENI SHOOTING AND TRAINING ACADEMY 



    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.