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: 

Enforce and maintain discipline 
SAQA US ID UNIT STANDARD TITLE
253894  Enforce and maintain discipline 
ORIGINATOR
SGB Military Professional Development 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 08 - Law, Military Science and Security Sovereignty of the State 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 4  NQF Level 04 
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 
Junior officers serving in the South African National Defence Force (SANDF) are confronted with the complexities of the military judicial system on a daily basis and are required to become actively involved in meeting the constitutional imperative of maintaining the SANDF as a disciplined military force. This unit standard aims to equip junior officers in the SANDF with the appropriate knowledge, skills and attitudes, which will enable them to make a contribution to the effective functioning of the military judicial process by aligning their own conduct in accordance with the norms and values of the civilian and military society, acting within the confines of the law (national and military) during their day-to-day activities as junior officers and addressing problematic situations with respect to the maintenance of discipline timeous and effectively.

Persons credited with this unit standard are able to:
  • Demonstrate knowledge of the general principles of South African criminal law.
  • Demonstrate understanding of military law with reference to its sources and purpose.
  • Participate in the pre-arraignment process of military justice as stated in military law.
  • Demonstrate understanding of arraignment and the different pre-trial investigations under military law.
  • Demonstrate knowledge of military court procedure.
  • Demonstrate an understanding of Grievance Procedures utilised in the South African National Defence Force.
  • Perform functions of ex officio commissioners of oaths. 

  • 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. 

  • UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Demonstrate knowledge of the general principles of South African criminal law. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    "Criminal law" is explained in accordance with the nationally accepted definition for this field of law. 

    ASSESSMENT CRITERION 2 
    Requirements for criminal liability are explained as stated in criminal law. 

    ASSESSMENT CRITERION 3 
    Essential elements of an offence are explained as stated in criminal law in terms of definition, content and requirements. 
    ASSESSMENT CRITERION RANGE 
    The essential elements include but are not limited to conduct, unlawfulness, fault and causation.
     

    ASSESSMENT CRITERION 4 
    Grounds of justification (unlawful conduct justified) are explained as stated in criminal law in terms of their definitions and requirements. 
    ASSESSMENT CRITERION RANGE 
    Grounds of justification, which include but is not limited to private defence, necessity, impossibility and consent.
     

    ASSESSMENT CRITERION 5 
    Factors that exclude capacity (accountability) are explained as stated in criminal law. 

    ASSESSMENT CRITERION 6 
    Participants are identified and typified in accordance with their role and contribution towards the commission of an offence in terms of criminal law. 
    ASSESSMENT CRITERION RANGE 
    A participant is limited to a perpetrator, an accomplice or an accessory.
     

    ASSESSMENT CRITERION 7 
    Criminal liability is explained with reference to an attempt to commit an offence under criminal law. 
    ASSESSMENT CRITERION RANGE 
    An attempt refers to either complete or incomplete conduct.
     

    ASSESSMENT CRITERION 8 
    Prevalent common law offences are analysed with regard to the general principles of criminal law. 
    ASSESSMENT CRITERION RANGE 
    General principles and prevalent common law offences are limited to the essential elements of murder, treason, rape, culpable homicide, theft, damage to property, crimen iniuria, indecent assault and fraud.
     

    SPECIFIC OUTCOME 2 
    Demonstrate an understanding of military law with reference to its sources and purpose. 
    OUTCOME RANGE 
    Purpose refers to the proper administration of justice and the maintenance of discipline with due regard to military courts, offences, terminology and subjectivity of persons to the Military Discipline Code. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Military Law sources are explained to determine the legal validity of the statutes, the rights of soldiers and limitations on the rights of soldiers. 
    ASSESSMENT CRITERION RANGE 
    Sources include but are not limited to the Constitution of the Republic of South Africa and other uniquely military statute(s) providing for military discipline or jurisprudence.
     

    ASSESSMENT CRITERION 2 
    Military law and legal terminology are explained in accordance with statutory prescripts and criminal law. 
    ASSESSMENT CRITERION RANGE 
    Military law terminology includes, but is not limited to definitions contained in section 1 of uniquely military statutes.
     

    ASSESSMENT CRITERION 3 
    The application of military law is explained in terms of persons subject to the military discipline code. 

    ASSESSMENT CRITERION 4 
    Military offences are analysed in accordance with the general principles of criminal law. 
    ASSESSMENT CRITERION RANGE 
    General principles of criminal law are limited to the essential elements of offences and military offences, but are not limited to offences prescribed in the Military Discipline Code and the Defence Act, No 42 of 2002.
     

    ASSESSMENT CRITERION 5 
    The composition and jurisdiction of military courts are explained as stated in military law. 

    SPECIFIC OUTCOME 3 
    Participate in the pre-arraignment process of military justice as stated in military law. 
    OUTCOME RANGE 
    Arraignment and post-arraignment duties, such as investigative and prosecutorial duties prescribed for, but not limited to presidents and members of boards of inquiry and recording officers, prosecutors and defence counsel involved in the conducting of preliminary investigations-, are excluded. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Rules and procedures regarding the arrest of a member subject to the Military Discipline Code are applied in accordance with the Rules of Procedure. 
    ASSESSMENT CRITERION RANGE 
    Rules of Procedure refer to the rules made for or altered giving effect to the Military Discipline Code.
     

    ASSESSMENT CRITERION 2 
    Rules and procedures regarding the warning of a member subject to the Military Discipline Code are applied in accordance with the Rules of Procedure. 
    ASSESSMENT CRITERION RANGE 
    Rules of Procedure refer to the rules made for or altered giving effect to the Military Discipline Code.
     

    ASSESSMENT CRITERION 3 
    Rules and procedures regarding the handing over of an arrested person subject to the Military Discipline Code are applied in accordance with the Rules of Procedure. 
    ASSESSMENT CRITERION RANGE 
    Rules of Procedure refer to the rules made for or altered giving effect to the Military Discipline Code.
     

    ASSESSMENT CRITERION 4 
    Rules and procedures regarding the confinement of an arrested person subject to the Military Discipline Code are applied in accordance with the Rules of Procedure. 
    ASSESSMENT CRITERION RANGE 
    Rules of Procedure refer to the rules made for or altered giving effect to the Military Discipline Code.
     

    ASSESSMENT CRITERION 5 
    Rules and procedures regarding the completion of an account of an offence are applied in accordance with the Rules of Procedure. 
    ASSESSMENT CRITERION RANGE 
    Rules of Procedure refer to the rules made for or altered giving effect to the Military Discipline Code.
     

    ASSESSMENT CRITERION 6 
    Rules and procedures regarding the prosecution of persons within specified periods are applied in accordance with Rules of Procedure. 
    ASSESSMENT CRITERION RANGE 
    Rules of Procedure refers to the rules made for or altered giving effect to the Military Discipline Code.
     

    SPECIFIC OUTCOME 4 
    Demonstrate understanding of arraignment and the different pre-trial investigations under military law. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Arraignment of an accused before a military court is explained in terms of the purpose and effect of arraignment as stated in military law. 

    ASSESSMENT CRITERION 2 
    Procedure for arraigning an accused before a military court is explained in terms of military law with reference to jurisdiction. 

    ASSESSMENT CRITERION 3 
    Investigations are examined in terms of purpose, prescribed procedures and role-players as stated in military law. 
    ASSESSMENT CRITERION RANGE 
    Investigations include, but are not limited to preliminary investigations, Rule 8 MDC and summary investigations, Boards of Inquiry, and MPA and SAPS investigations.
     

    ASSESSMENT CRITERION 4 
    Offences committed during the conducting of a Board of Inquiry are described in terms of statutory prescripts. 

    SPECIFIC OUTCOME 5 
    Demonstrate knowledge of military court procedure. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Court role-players are identified in terms of their functions as stated in the law of evidence. 

    ASSESSMENT CRITERION 2 
    The presentation of evidence is illustrated in terms of procedural requirements as stated in the law of evidence. 

    SPECIFIC OUTCOME 6 
    Demonstrate an understanding of Grievance Procedures utilised in the South African National Defence Force. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Grievance procedures are differentiated in terms of purpose. 

    ASSESSMENT CRITERION 2 
    Grievance procedures are explained in accordance with prescribed procedures. 

    SPECIFIC OUTCOME 7 
    Perform functions of ex officio commissioners of oaths. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The role of ex officio commissioners of oaths is explained in accordance with the functions of military ex officio commissioners of oaths as stated in statutory prescripts. 

    ASSESSMENT CRITERION 2 
    The procedure for attesting an affidavit and statement under oath is differentiated in terms of their purpose. 

    ASSESSMENT CRITERION 3 
    The procedure for certifying a copy as a true copy of the original document is described in terms of the legal requirements for valid certification. 

    ASSESSMENT CRITERION 4 
    The attestation of an affidavit is illustrated in accordance with statutory prescripts. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • Any provider offering learning that will enable achievement of this Unit Standard or assessing this Unit Standard must be accredited as an ETD Provider with the relevant ETQA.
  • This unit standard will be assessed by an assessor and moderated by a moderator registered with the relevant accredited ETQA.
  • An assessor should be in possession of a relevant qualification that is at least one level higher than the level of this unit standard.
  • Training Providers must be accredited by the relevant ETQA.
  • Assessment should include both formative and summative assessment. 

  • UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
    The unit standard writers have adopted an integrated approach to standards writing; therefore, all knowledge to be assessed is included within the specific outcomes. 

    UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identifying and solving problems in which responses display responsible decisions using critical and creative thinking when:
  • Determining and explaining legal implications might occur in the military environment.
  • Decisions regarding the application of procedural legal prescripts must be taken. 

  • UNIT STANDARD CCFO WORKING 
    Working effectively with others as part of a team, group, organisation or community is demonstrated when:
  • Participant's role in a court is discussed.
  • Investigating and conducting Boards of Inquiry. 

  • UNIT STANDARD CCFO ORGANISING 
    Organise and manage themselves and their activities responsibly and effectively when:
  • Discussing and (during role-play) applying rules and procedures regarding the arrest of a member subject to the Military Discipline Code. 

  • UNIT STANDARD CCFO COLLECTING 
    Collect, organise and critically evaluate information is demonstrated when:
  • Prevalent common law offences are analysed with regard to the general principles of criminal law.
  • The application of military law is explained in terms of persons subjected to the Military Discipline Code.
  • Discussing the grounds of justification of a offender. 

  • UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively using language skills in the mode of oral or written persuasion when:
  • Completing an account of an offence.
  • During role-play, warning a member subject to the Military Discipline Code.
  • Following the procedures of arrest. 

  • UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrate an understanding of the world as a set of related systems is demonstrated by recognising that problem solving contexts do not exist in isolation when:
  • Explaining the conjoined relationship between military law and other fields of domestic (national) law and when applying rules and procedures regarding the arrest of a member subject to the Military Discipline Code.
  • Discussing the interrelationship between participants during court proceedings court procedures and activities after experiencing an actual court procedure. 

  • UNIT STANDARD CCFO CONTRIBUTING 
    Contributing to full personal development of each learner and the social development of the society at large when:
  • The Constitution of the Republic of South Africa and other uniquely military statute(s) are compared in order to determine the legal validity of the statutes, the rights of soldiers and limitations on the rights of soldiers.
  • Participating in discussions and role-playing actual processes to learn more effectively. 

  • 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 standard describes competent performance in physical techniques that will enhance job performance, and lay down the criteria by which competence should be judged, as well as the range of circumstances in which competence should be demonstrated. Integrated assessment methods and tools will allow the candidate that who has acquired knowledge of and can safely and effectively apply competence to be identified in this unit standard.

    The tools include the following:
  • Role-play simulations.
  • Structured group discussions.
  • Written reports (e.g. tests, exams, case studies, projects, registers, logbooks, workbooks).
  • Verbal report-backs (presentations).
  • Portfolios of evidence.
  • Projects (physical visits to Military Court).
  • Experiential learning.
  • Working in teams.
  • Scenario sketching.

    These methods must be carefully selected based on the purpose of the assessment (for example the written method of assessing knowledge or demonstration of practical competence). The assessment must integrate a number of different methods in order to give the assessor reliable and valid proof of competence and evidence of required attitudes. 

  • QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Core  59889   Further Education and Training Certificate: Military Operations  Level 4  NQF Level 04  Passed the End Date -
    Status was "Registered" 
    2010-01-25  Was SAS SETA until Last Date for Achievement 
    Core  78143   Further Education and Training Certificate: Military Operations  Level 4  NQF Level 04  Reregistered  2023-06-30  SAS SETA 


    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. SA ARMY GYMNASIUM 
    2. SA NAVAL COLLEGE 
    3. SCHOOL OF MILITARY JUSTICE 
    4. SOUTH AFRICAN AIR FORCE 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.