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: 

Interpret and apply the South African Constitution as it relates to the dispute resolution process 
SAQA US ID UNIT STANDARD TITLE
337086  Interpret and apply the South African Constitution as it relates to the dispute resolution process 
ORIGINATOR
Task Team - Labour Relations 
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 
The learner credited with this unit standard is able to demonstrate a broad knowledge of the South African Constitution and the applicability of Constitutional Law to labour dispute resolution.

The qualifying learner is capable of:
  • Demonstrating a broad understanding of the constitutional history of South Africa.
  • Demonstrating an understanding of the basic features of the new constitutional order.
  • Demonstrating an understanding of the structure of government under the 1996 South African Constitution.
  • Demonstrating an understanding of the judicial authority as set out in the South African Constitution.
  • Providing an overview of the substantive provisions of the bill of rights as set out in the South African Constitution including a thorough grasp of S23 of the South African Constitution. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    It is assumed that learners are competent in:
  • Communication at NQF Level 5 or equivalent. 

  • UNIT STANDARD RANGE 
    The range statements are incorporated in the Specific Outcomes and Associated Assessment Criteria. 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Demonstrate a broad understanding of the Constitutional History of South Africa. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    A broad overview is provided of the creation of South Africa as a state. 

    ASSESSMENT CRITERION 2 
    A broad overview is provided of the historic construction South Africa as a racially divided state. 

    ASSESSMENT CRITERION 3 
    A broad overview is provided of the transition of South Africa from a racially divided state to a democracy. 

    ASSESSMENT CRITERION 4 
    A broad understanding is displayed of the finalisation and adoption of the 1996 South African Constitutiontion. 

    SPECIFIC OUTCOME 2 
    Demonstrate an understanding of the basic features of the constitutional order. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The concept of constitutional supremacy, representivity, participatory and direct democracy is explained using examples. 

    ASSESSMENT CRITERION 2 
    An explanation is provided of representative, participatory and direct democracy. 

    ASSESSMENT CRITERION 3 
    The purpose, role and powers of the Constitutional Court are explained, focusing on what they may and may not do. 

    ASSESSMENT CRITERION 4 
    The relationship between the legislature and the executive, the executive and the judiciary and the legislature and the judiciary is provided. 

    ASSESSMENT CRITERION 5 
    The concept of co-operative governance and the separation of powers are explained. 

    SPECIFIC OUTCOME 3 
    Demonstrate an understanding of the judicial authority as set out in the South African Constitution. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    A definition is provided of the judicial authority as set out in the South African constitution. 

    ASSESSMENT CRITERION 2 
    A brief history of the South African judicial system is provided. 

    ASSESSMENT CRITERION 3 
    The structure and jurisdiction of courts in Constitutional matters is explained. 

    ASSESSMENT CRITERION 4 
    An overview is provided of the independence of the judiciary and the prosecuting authority as set out in the South African Constitution. 

    SPECIFIC OUTCOME 4 
    Provide an overview of the substantive provisions of the Bill of Rights as set out in the Constitution. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    An overview is provided of the substantive provisions of the Bill of rights as set out in the Constitution. 

    ASSESSMENT CRITERION 2 
    An explanation of Labour rights as set of in Constitution is given. 

    ASSESSMENT CRITERION 3 
    A parallel is drawn between the protection provided for in the Constitution and that in employment law. 
    ASSESSMENT CRITERION RANGE 
    Employment law may include but is not limited to the Basic Conditions of Employment, the Employment Equity Act and Labour Relations Act.
     


    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 or an ETQA that has a Memorandum of Understanding in place with the relevant ETQA.
  • Anyone assessing a learner against this unit standard must be registered as an assessor with the relevant ETQA or an ETQA that has a Memorandum of Understanding in place 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 an ETQA that has a Memorandum of Understanding in place with the relevant ETQA.
  • Moderation of assessment will be conducted by the relevant ETQA at its discretion. 

  • UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • Knowledge of conciliation including different types of mediation.
  • Knowledge of conciliation in relation to other dispute resolution processes.
  • The history of the creation of South Africa as a state. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identify and solve problems when making comparisons between the South African Constitution and labour related issues. 

    UNIT STANDARD CCFO ORGANISING 
    Organise and manage oneself and one's activities in terms of understanding how the South African Constitution impacts on the resolution of disputes. 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively when making presentations regarding the South African Constitution as it relates to the dispute resolution process. 

    UNIT STANDARD CCFO SCIENCE 
    Use science and technology to source information regarding the South African Constitution and as it relates to the dispute resolution process. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrate an understanding of the world as a set of related systems and the role of the South African Constitution on the dispute resolution process. 

    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 resolution of disputes. 

    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  74570   National Certificate: Labour Relations Practice  Level 6  Level TBA: Pre-2009 was L6  Reregistered  2023-06-30  SERVICES 


    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.