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: 

Describe and apply an understanding of the Interpretation Act,33 of 1957 (Interpretation of Statutes Act) 
SAQA US ID UNIT STANDARD TITLE
119931  Describe and apply an understanding of the Interpretation Act,33 of 1957 (Interpretation of Statutes Act) 
ORIGINATOR
SGB Human Resource Management and Practices 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 03 - Business, Commerce and Management Studies Human Resources 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 6  Level TBA: Pre-2009 was L6 
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 
A learner credited with this Unit standard will be able to interpret the Interpretation Act 33 of 1957 as it relates to other relevant legislation within the South African Labour environment, in dispute resolution, in terms of South African Labour Legislation and/or recognised dispute resolution procedures in a bargaining council collective agreement and/or private agency.

The learner will be able to:
  • Describe the purpose of the Interpretation Act 33 of 1957 and relevant amendments.
  • Explain and apply the definitions of terms in the Act in relation to other relevant employment law.
  • Describe and explain the expressions "commencement of law", "repeal" and "substitution".
  • Describe the requirements and justification for publication and/or non-publication of promulgation of acts, notices and enactments as set out in the Act. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Communication at NQF Level 4. 

    UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Describe the purpose of the Interpretation Act 33 of 1957 and relevant amendments. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    An outline of the application of the Interpretation Act 33 of 1957 and relevant amendments is presented with reference to mediation processes. 

    ASSESSMENT CRITERION 2 
    The purpose of the Act is outlined and explained with a summary of its rationale. 

    SPECIFIC OUTCOME 2 
    Explain and apply the definitions of terms in the Act in relation to other relevant employment law. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The definitions listed in the Act, and relevant amendments, are explained to clarify the function in mediation. 

    ASSESSMENT CRITERION 2 
    Specialised terminology is explained in written form with examples of how each is applied to relevant labour legislation. 
    ASSESSMENT CRITERION RANGE 
    The terms: "a day", "expressions relating writing", "measuring of distance" and "meaning of service by post"; Relevant labour legislation refers to the Labour Relations Act (LRA), Basic Conditions of Employment Act
    (BCEA), Commission for Conciliation, Mediation and Arbitration (CCMA) Rules.
     

    ASSESSMENT CRITERION 3 
    An explanation, with examples, is provided for the use of gender and numerical terms in mediation. 

    ASSESSMENT CRITERION 4 
    The legal standing of court rules and what it means for mediation processes is discussed and documented. 
    ASSESSMENT CRITERION RANGE 
    Court rules refers to Labour Court Rules, High Court rules, CCMA Rules and other dispute resolution bodies procedural rules.
     

    SPECIFIC OUTCOME 3 
    Describe and explain use of specialised terminology. 
    OUTCOME RANGE 
    "Commencement of law", "repeal" and "substitution". 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    A discussion document is prepared and presented on the construction of provisions that enable the exercise of powers and performance of duties. 

    ASSESSMENT CRITERION 2 
    A discussion document is presented on the exercise of conferring of powers between passing and commencement of laws, as provided for in the Act. 

    ASSESSMENT CRITERION 3 
    An explanation is provided of the terms "commencement of law" "repeal" and "substitution" and an example given of each in relation to relevant and applicable labour legislation. 
    ASSESSMENT CRITERION RANGE 
    Relevant labour legislation refers to the LRA, BCEA, and CCMA Rules.
     

    ASSESSMENT CRITERION 4 
    The effect of a repeal of law for the mediation process is discussed. 

    SPECIFIC OUTCOME 4 
    Describe the requirements and justification for publication of promulgation of acts, notices and enactments as set out in the Act. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The various notifications and enactments requiring publication in the Government Gazette are defined, outlining the function of public comment. 

    ASSESSMENT CRITERION 2 
    The rationale of the process for the promulgation of laws and publication of certain notices is explained and the process outlined. 

    ASSESSMENT CRITERION 3 
    Proclamations, notices and their requirements for submission to parliament and provincial legislatures are compiled in a workshop. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • This Unit standard will be internally assessed by the provider and moderated by a moderator registered by a relevant accredited ETQA or an ETQA that has a Memorandum of Understanding with the relevant accredited ETQA.
  • An individual wishing to be assessed (including through RPL) against this unit standard may apply to an assessment agency, assessor or provider institution accredited by the relevant ETQA or an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Anyone assessing a learner against this unit standard must be registered as an assessor with the relevant ETQA or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Any institution offering learning that will enable achievement of this unit standard or assessing this unit standard must be accredited as a provider with the relevant ETQA, or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Moderation of assessment will be conducted by the relevant ETQA according to the policies and guidelines for assessment and moderation of that ETQA, at its discretion, in terms of agreements reached about assessment and moderation between various ETQAs (including professional bodies). 

  • UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • South African Labour Legislation
  • Interpretation Act and relevant Amendments applicable to all legislation
  • Bargaining Council dispute resolution procedures, CCMA Rules and Court Rules
  • The Interpretation Act and relevant amendments
  • South African Labour Relations environment and relevant legislation, including bargaining council collective agreements, CCMA Rules 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO COLLECTING 
    Critically collecting, evaluating and analysing information pertaining to seminal judgements and court cases relating to the Interpretation Act and relevant amendments. 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively with stakeholders gathering and explaining the provisions and regulations of the Interpretations Act and its relevant legislation. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrating an understanding of the world as a set of related systems by recognising the impact and effect of the Interpretation Act within the context of the relevant labour legislation. 

    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  93994   National Diploma: Labour Relations Practice: Dispute Resolution  Level 5  NQF Level 05  Reregistered  2023-06-30  As per Learning Programmes recorded against this Qual 


    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.
     
    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.