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 provisions of the Promotion of Administrative Justice Act (PAJA) 
SAQA US ID UNIT STANDARD TITLE
337101  Interpret and apply the provisions of the Promotion of Administrative Justice Act (PAJA) 
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 qualifying learner is capable of:
  • Demonstrating an understanding of the principles and provisions of the Promotion of Administrative Justice Act.
  • Analysing the Provision of the Promotion of Administrative Justice Act (PAJA).
  • Applying and interpreting provisions of Promotion of Administrative Justice Act (PAJA) to labour disputes. 

  • 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 
    Promotion of Administrative Justice Act (PAJA-Act 3 of 2000) or any amendments. 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Demonstrate an understanding of the principles and provisions of the Promotion of Administrative Justice Act. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    A brief overview of the Act is provided to explain constitutional imperatives. 

    ASSESSMENT CRITERION 2 
    Administrative action is defined to reflect different decisions taken by organs of state. 

    ASSESSMENT CRITERION 3 
    An explanation is given of the procedural fairness criteria contained in the Act. 

    ASSESSMENT CRITERION 4 
    The types of decisions affecting the public are explained in terms of their impact on individuals, the state and private organisations. 

    ASSESSMENT CRITERION 5 
    The discretionary procedures followed by an administrator to ensure fairness are outlined. 

    ASSESSMENT CRITERION 6 
    The importance of providing reasons for the administrative decisions is explained focusing on the need to ensure fairness and transparency. 

    ASSESSMENT CRITERION 7 
    An explanation is given of the grounds for judicial review. 

    SPECIFIC OUTCOME 2 
    Analyse the provisions of the Promotion of Administrative Justice Act. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    A definition of an administrative action is analysed and applied to a set of facts to establish legitimacy. 

    ASSESSMENT CRITERION 2 
    An appropriate administrative procedure is chosen to fit a set of facts in terms of the functions of the procedures. 

    ASSESSMENT CRITERION 3 
    A given administrative procedure is scrutinized and adjusted to ensure fairness in terms of the requirements for a fair procedure. 

    ASSESSMENT CRITERION 4 
    The right to written reasons as contained in the Promotion of Administrative Justice Act is explained with reasons for their adequacy. 

    ASSESSMENT CRITERION 5 
    An explanation is given of how the grounds for review may be used to monitor the decision-making of an administrator. 

    ASSESSMENT CRITERION 6 
    The remedies contained in the Promotion of Administrative Justice Act are used to give an appropriate response to a court order. 

    SPECIFIC OUTCOME 3 
    Apply and interpret provisions of Promotion of Administrative Justice Act (PAJA) to labour disputes. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The types of disputes to which the Act applies are identified to determine the appropriate course of action. 

    ASSESSMENT CRITERION 2 
    The review of arbitration awards is analysed in terms of the Act. 

    ASSESSMENT CRITERION 3 
    An analysis of current case law on the Act is done to determine their applicability to current situations. 

    ASSESSMENT CRITERION 4 
    An analysis is provided on the applicability of the Act to unfair labour practice disputes in Public Service. 
    ASSESSMENT CRITERION RANGE 
    Unfair labour practice disputes may include but are not limited to promotion, demotions, training, benefits, appointments and selection.
     


    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 
  • A basic understanding of administrative law.
  • An understanding of constitutional law. 

  • UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO WORKING 
    Work effectively with all parties when interpreting and applying the provisions of the Promotion of Administrative Justice Act. 

    UNIT STANDARD CCFO COLLECTING 
    Critically collecting, evaluating and analysing information to interpret and understand legislative provisions. 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively using presentation techniques and written skills during discussion and/or presentation exercises. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrating an understanding of the world as a set off related systems by recognising the impact that the legislation in the public service has on each other. 

    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.