SAQA

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SOUTH AFRICAN QUALIFICATIONS AUTHORITY

REGISTERED UNIT STANDARD THAT HAS PASSED THE END DATE:

Apply the general principles of legal costs in the magistrate courts

SAQA US ID	UNIT STANDARD TITLE
365179	Apply the general principles of legal costs in the magistrate courts
ORIGINATOR
Task Team - Justice Legal Training
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 5	NQF Level 05	3
REGISTRATION STATUS		REGISTRATION START DATE	REGISTRATION END DATE	SAQA DECISION NUMBER
Passed the End Date - Status was "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

This Unit Standard is intended for learners who are registrars or clerks of court appointed to perform the functions and duties of taxing, assessing and verifying legal costs in civil court matters. The learner will be able to apply the general principles relating to costs.

Learners credited with this unit standard will be able to:

Interpret different cost orders.

Understand different costs orders.

Identify tariffs and apply them.

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING

It is assumed that the learner has the following knowledge and skills:

Communication at NQF Level 4.

Computer Literacy at NQF Level 3.

UNIT STANDARD RANGE

N/A

Specific Outcomes and Assessment Criteria:

SPECIFIC OUTCOME 1

Apply the general principles relating to costs.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

Explain the purpose of a cost award.

ASSESSMENT CRITERION 2

Explain the court's discretion in awarding costs.

ASSESSMENT CRITERION 3

Distinguish between the judgement claim and judgement costs.

SPECIFIC OUTCOME 2

Describe the different categories of cost awards.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

Explain party and party costs.

ASSESSMENT CRITERION 2

Describe attorney and client costs.

ASSESSMENT CRITERION 3

Distinguish attorney and client costs from attorney and own client costs.

ASSESSMENT CRITERION 4

Explain contingency fee agreement.

SPECIFIC OUTCOME 3

Explain specific cost orders.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

Explain the concepts reserved costs, costs de bonis propriis, costs in the cause, costs of suit, wasted costs, no order as to costs, costs of the day.

SPECIFIC OUTCOME 4

Indicate an understanding of the content of the Act and Rules of Court relating to Costs.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

List the costs claimable by an attorney on the face of a summons.

ASSESSMENT CRITERION 2

Identify the prescribed tariffs for undefended matters, s65, s72, 74 proceedings and sheriff fees, debt collectors' fees.

ASSESSMENT CRITERION 3

Distinguish between fees and disbursements.

UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS

An individual wishing to be assessed (including through Recognition of Prior Learning) 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 at its discretion.

UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE

N/A

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 that responsible decisions using critical and creative thinking have been made when:

Applying the principles of costs and social context.

UNIT STANDARD CCFO WORKING

Working effectively with others as a member of a team, group, organisation, and community during:

Assessing and verifying costs by being just and tolerant.

UNIT STANDARD CCFO ORGANISING

Organising and managing oneself and one's activities responsibly and effectively when:

Conducting oneself ethically and professionally.

UNIT STANDARD CCFO COLLECTING

Collecting, analysing, organising and critically evaluating information to better understand and explain:

Requesting relevant information and evidence to enable decision making.

UNIT STANDARD CCFO COMMUNICATING

Communicating effectively using visual, mathematical and/or language skills in the modes of oral and/or written persuasion when:

Addressing parties politely.

UNIT STANDARD CCFO SCIENCE

Using science and technology effectively and critically, showing responsibility towards the environment and health of others when:

Doing necessary calculations.

UNIT STANDARD CCFO DEMONSTRATING

Demonstrating an understanding of the world as a set of related systems by recognising that problem-solving contexts do not exist in isolation when:

Listening to competing arguments and applying the law.

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	50265	National Certificate: Family Law Practice	Level 5	Level TBA: Pre-2009 was L5	Passed the End Date - Status was "Reregistered"	2023-06-30	SAS SETA
Elective	97228	National Certificate: Paralegal Practice	Level 5	NQF Level 05	Passed the End Date - Status was "Reregistered"	2023-06-30	As per Learning Programmes recorded against this Qual
Elective	49598	National Diploma: Paralegal Practice	Level 5	NQF Level 05	Passed the End Date - Status was "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.

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