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: 

Demonstrate an understanding of the South African Legal framework 
SAQA US ID UNIT STANDARD TITLE
119938  Demonstrate an understanding of the South African Legal framework 
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 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 learner credited with this unit standard will be able to describe aspects of the South African legislative and judicial framework relevant to dispute resolution, South African Labour Legislation and/or recognised dispute resolution bodies.

The qualifying learner will be able to:
  • Show the distinction between private and public law in South Africa.
  • Describe the South African legislative framework relating to National, Provincial and Local Authorities.
  • Describe the judicial framework as set out in the South African Constitution and common law. 

  • 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 
    Distinguish between private and public law in South Africa. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The concepts of the state, society and the law and the relationships between them are explained in relation to the Constitution, using easily understood terminology and examples. 

    ASSESSMENT CRITERION 2 
    The broad concepts of Constitutionalism, Democracy and the doctrine of the rule of law are clearly and thoroughly explained. 

    ASSESSMENT CRITERION 3 
    The basic principles of Administrative law are clearly and comprehensively explained. 

    ASSESSMENT CRITERION 4 
    The structure of the South African Legal System is clearly explained with reference to private and public law. 

    ASSESSMENT CRITERION 5 
    The basic features of the new constitutional order in South Africa are explained. 
    ASSESSMENT CRITERION RANGE 
    Basic features include: constitutional supremacy, separation of powers and checks and balances, the relationship between the legislature and executive, the relationship between the executive and judiciary, the relationship between the legislature and the judiciary, and co-operative government.
     

    SPECIFIC OUTCOME 2 
    Describe the South African legislative framework relating to National, Provincial and Local Authorities. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    An overview of the composition, purpose, role and powers of national provincial and local legislative authorities is presented, using easily understood terminology and examples. 
    ASSESSMENT CRITERION RANGE 
    The function of separation of powers and democracy.
     

    ASSESSMENT CRITERION 2 
    The national legislative process is explained. 
    ASSESSMENT CRITERION RANGE 
    The legislative process includes initiating legislation, introducing and first reading of the Bill, the role of committees and the second reading, passing of bills: manner and form, Presidential assent, promulgation, language requirements and safekeeping and abstract review applications by members of the National Assembly.
     

    ASSESSMENT CRITERION 3 
    The provincial legislative process is explained. 
    ASSESSMENT CRITERION RANGE 
    The provincial legislative process includes, introduction of the Bill, voting and quorums, passing of laws, assent, promulgation and safekeeping and abstract review applications by members of the provincial legislature.
     

    SPECIFIC OUTCOME 3 
    Describe the judicial framework as set out in the South African Constitution and common law. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    A brief history of the South African judicial system and its function in the Constitution is presented in a written report. 

    ASSESSMENT CRITERION 2 
    The structures and jurisdiction of South African courts are explained with reference to the Constitution. 

    ASSESSMENT CRITERION 3 
    An overview of Constitutional remedies is presented. 

    ASSESSMENT CRITERION 4 
    The independence of the judiciary and the prosecuting authority is explained as set out in the South African Constitution. 


    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 
  • The South African Constitution in its current and previous forms.
  • South African Administrative Law.
  • The composition and relationship between the courts and specialised tribunals. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO COLLECTING 
    Collect, organise and critically evaluate information when studying the Constitution, including the Bill of Rights, and the Administrative Law. 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively using language when conveying information and ideas, formulating questions and clarifying issues related to the South African legal framework. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrate an understanding of the world as a set of related systems by recognising the impact and effect of the South African Constitution within the judicial system and legal framework of the country. 

    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 
    The distinction between public and private law can be further divided into constitutional law, administrative law, criminal law, labour law etc. 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Fundamental  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.