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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Explain and implement the writ of execution and enforcement process 
SAQA US ID UNIT STANDARD TITLE
252388  Explain and implement the writ of execution and enforcement process 
ORIGINATOR
Task Team - Sheriffs 
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 4  NQF Level 04  10 
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 person credited with this Unit Standard will able to explain the concept, purpose and procedures of execution in the civil justice system. They will also be able to carry out a warrant or court order according to statutory requirements. The learner will be able to explain and compare different warrants and orders of court to ensure correct execution. The learner will be able to render a notice of attachment for a warrant of execution. The learner will also be able to explain the stages and conditions of a sale in execution with specific reference to movable and immovable property.

The qualifying learner is capable of:
  • Defining the process of execution.
  • Distinguishing between various warrants and court orders.
  • Explaining and applying execution procedures and processes.
  • Completing a notice of attachment and inventory for a warrant of execution.
  • Explaining the procedure of a sale in execution. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    It is assumed that learners are competent in:
  • Communication at NQF Level 3 or equivalent.
  • Mathematical Literacy at NQF Level 3 or equivalent.
  • Unit Standard: "Explain and implement service in the civil justice system". 

  • UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Define the process of execution. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The concept of execution in the civil justice system is explained in terms of its legal meaning and human rights impact. 

    ASSESSMENT CRITERION 2 
    The purpose of execution in the civil justice system is explained in order to enforce civil action. 

    ASSESSMENT CRITERION 3 
    The procedure for execution is described according to legal prescripts. 

    ASSESSMENT CRITERION 4 
    The consequences of improper execution in the civil justice system are explained in accordance with legal prescripts. 

    SPECIFIC OUTCOME 2 
    Distinguish between various warrants and court orders. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The various warrants and court orders are identified in order to determine the manner of execution. 

    ASSESSMENT CRITERION 2 
    The various warrants and court orders are explained in terms of the various courts. 
    ASSESSMENT CRITERION RANGE 
    Various courts may include but are not limited to the High Court, High Court sitting as an Admiralty Court, Labour Court, Magistrates Court, Maintenance Court, Divorce Court, Family Court, Constitutional Court, Appeal Court.
     

    ASSESSMENT CRITERION 3 
    Different warrants and court orders are compared in terms of their uses to ensure correct execution. 

    SPECIFIC OUTCOME 3 
    Explain and apply execution procedures and processes. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Different execution processes and procedures are listed in terms of the rules of the various courts. 

    ASSESSMENT CRITERION 2 
    The different execution processes and procedures are explained in terms of the rules of the various courts. 

    ASSESSMENT CRITERION 3 
    The resources required for the execution of the warrant or court order are identified according to its specific needs. 

    ASSESSMENT CRITERION 4 
    A warrant or court order is carried out in a given scenario. 

    ASSESSMENT CRITERION 5 
    A requisite return is completed in terms of the law and regulations. 

    SPECIFIC OUTCOME 4 
    Complete a notice of attachment and inventory for a warrant of execution. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    A notice of attachment is explained in terms of legal requirements. 

    ASSESSMENT CRITERION 2 
    Items, which are exempt from attachment, are listed in tabular form. 

    ASSESSMENT CRITERION 3 
    Items to be attached are identified according to industry practice. 

    ASSESSMENT CRITERION 4 
    The valuation of goods is determined to establish whether the judgement debt and costs can be satisfied. 

    ASSESSMENT CRITERION 5 
    A notice of attachment is written in accordance with the prescribed format. 

    SPECIFIC OUTCOME 5 
    Explain the procedure of a sale in execution. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    A sale in execution is defined according to the rules of court. 

    ASSESSMENT CRITERION 2 
    The stages of a sale in execution are explained in accordance with legal requirements. 

    ASSESSMENT CRITERION 3 
    The conditions under which a sale in execution may be held are explained in terms of conducting a lawful sale in execution. 

    ASSESSMENT CRITERION 4 
    The difference in sales in execution between movable and immovable assets is explained in accordance with legal requirements. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • 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.
  • Anyone assessing a learner against this Unit Standard must be registered as an assessor 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.
  • Moderation of assessment will be conducted by the relevant ETQA at its discretion. 

  • UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • The conditions and implications of a nulla bona return.
  • The repercussions of a third party claim. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identify and solve problems pertaining to the implementation of the execution process. 

    UNIT STANDARD CCFO WORKING 
    Work effectively with others to ensure the safe and secure implementation of the execution process. 

    UNIT STANDARD CCFO COLLECTING 
    Collect, analyse, organise and critically evaluate information which may assist in the completion of a notice of attachment or the execution of a warrant or court order. 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively in the process of carrying out a warrant or court order and when writing out a notice of attachment. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrate an understanding of the world as a set of related systems of how the incorrect implementation of the execution process affects the work carried out by the sheriff. 

    UNIT STANDARD CCFO CONTRIBUTING 
    In order to contribute to the full personal development of each learner and the social and economic development of society at large, it must be the intention underlying any programme of learning to make an individual aware of the importance of:
  • Being culturally and aesthetically sensitive across a range of social contexts in the implementation of the execution process. 

  • 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
    Elective  57712   Further Education and Training Certificate: Generic Management  Level 4  NQF Level 04  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.
     
    1. JUSTICE COLLEGE 



    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.