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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Practical application of the principles of legislative drafting 
SAQA US ID UNIT STANDARD TITLE
365188  Practical application of the principles of legislative drafting 
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 6  NQF Level 06  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 
This Unit Standard provides learners the opportunity to acquire the competencies needed in the field of legislative drafting. They will have a practical insight into the methodology of drafting legislation.

Learners credited with this unit standard will be able to:
  • Understand the giving and taking of drafting instructions.
  • Understand the designing of legislation and the logical structure of legislation.
  • Draft amendments to legislation.
  • Understand subordinate legislation.
  • Draft legislation.
  • Understand how legislation is interpreted. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    It is assumed that the learner has:
  • Competence in communication at NQF Level 5.
  • A basic understanding of:
    > The Constitution of the Republic of South Africa.
    > Government structures.
  • Competence in the Unit Standard; Demonstrate a knowledge of the principles and methodology that underlie the drafting and the processing of legislation. 

  • UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Understand the drafting process. 
    OUTCOME RANGE 
    Drafting process refers to but is not limited to:
  • Understanding the proposed law.
  • Analysing of proposed law.
  • Designing and planning the proposed law.
  • Drafting the proposed law.
  • Scrutinising and checking the proposed law. 

  • ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The proposed law is understood through analysing, designing and planning the proposed law. 

    ASSESSMENT CRITERION 2 
    The drafting process and the importance of scrutinising and checking the draft are explained. 

    SPECIFIC OUTCOME 2 
    Understand the amendment of legislation. 
    OUTCOME RANGE 
    Amendment of legislation refers to, but is not limited to:
  • Amendments to existing legislation.
  • Amendments in Parliament or the legislature. 

  • ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Amendments done in Parliament or the legislature are explained and drafted. 

    ASSESSMENT CRITERION 2 
    The different formulas of effecting amendments are described and used in practical examples. 

    SPECIFIC OUTCOME 3 
    Understand the interpretation of legislation. 
    OUTCOME RANGE 
  • The Constitution of the Republic of South Africa, 1996 and interpretation of legislation.
  • The Interpretation Act 1957 (Act No. 33 of 1957).
  • Presumptions relating to interpretation of statutes. 

  • ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The interpretation of legislation is explained focusing on the role of common law presumptions. 

    ASSESSMENT CRITERION 2 
    The importance of the Constitution of the Republic of South Africa, 1996 and Interpretation Act 1957 (Act no. 33 of 1957) in the interpretation of legislation is explained with examples of what would happen if the legislation was not drafted in line with the Constitution of the Republic of South Africa, 1996 and the Interpretation Act 1957 (Act No. 33 of 1957). 

    SPECIFIC OUTCOME 4 
    Understand the enabling provisions for subordinate legislation and processing subordinate legislation. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The drafting and processing of subordinate legislation is explained with practical examples. 

    ASSESSMENT CRITERION 2 
    The enabling clause for the making of subordinate legislation is explained and demonstrated with the aid of examples. 

    SPECIFIC OUTCOME 5 
    Draft a Bill. 
    OUTCOME RANGE 
    Draft specific provisions of Bills which include, but is not limited to:
  • Long title.
  • Preamble.
  • Enacting clause.
  • Definitions.
  • Purpose or Objects.
  • Substantive provisions.
  • Powers and duties.
  • Presumptions regarding offences.
  • Power of entry search and seizure.
  • Penal provisions.
  • Regulations.
  • Short title and commencement.
  • Transitional provisions. 

  • ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The contents and structure of Bills is described with the aid of a practical example. 

    ASSESSMENT CRITERION 2 
    An explanation is given of the logical arrangement of provisions. 

    ASSESSMENT CRITERION 3 
    The use of language issues is explained in terms of the concept of simplicity in taking into account the complexity of the subject matter. 

    ASSESSMENT CRITERION 4 
    The importance of formatting and numbering are explained in terms of identification of provisions and promotion of simplicity. 

    SPECIFIC OUTCOME 6 
    Demonstrate a clear understanding giving and taking drafting instructions. 
    OUTCOME RANGE 
    Drafting instructions refer to, but are not limited to:
  • Information to be contained in drafting instructions.
  • Determining Legislative Constitutionality. 

  • ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The contents of drafting instructions are explained in relation to the drafting of Bills. 

    ASSESSMENT CRITERION 2 
    The exchange of instructions is explained in relation to the check list. 

    ASSESSMENT CRITERION 3 
    Drafting instructions to draft a Bill is given. 

    ASSESSMENT CRITERION 4 
    The drafting instructions are assessed against the Constitution of the Republic of South Africa, 1996 and the legislative authority determined. 


    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 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 
    Understanding of legislation in relation to:
  • The definition of legislation.
  • The bodies that have power to make principal legislation in terms of section 43 of the Constitution of the Republic of South Africa, 1996.
  • Difference between principal and subordinate legislation with regard to legislative drafting.

    Understanding of the following legislation with relation to legislative drafting:
  • The Constitution of the Republic of South Africa 108 of 1996.
  • Promotion of Access to Information Act 2000, (Act No. 2 of 2000).
  • Promotion of Administrative Justice Act 2000, (Act No. 3 of 2000).
  • Promotion of Equality and Prevention of Unfair Discrimination Act 2000, (Act No. 4 of 2000).
  • Interpretation Act 1957, (Act No. 33 of 1957). 

  • 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:
  • Interpreting legislation and drafting legislation, determining legislative authority. 

  • UNIT STANDARD CCFO WORKING 
    Working effectively with others as a member of a team, group, organisation, and community during:
  • Developing policies for legislation and processing legislation through the various stages with other officers, stakeholders and seniors. 

  • UNIT STANDARD CCFO ORGANISING 
    Organising and managing oneself and one's activities responsibly and effectively when:
  • Structuring drafts, drafting legislation, formatting legislation. 

  • UNIT STANDARD CCFO COLLECTING 
    Collecting, analysing, organising and critically evaluating information to better understand and explain:
  • The logical arrangement of provisions in legislation. 

  • UNIT STANDARD CCFO COMMUNICATING 
    Communicating effectively using visual, mathematical and/or language skills in the modes of oral and/or written persuasion when:
  • Presenting the legislative proposals to the stakeholders. 

  • 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:
  • Developing legislation and adopting legislative policies especially that which relates to international 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  Reregistered  2023-06-30  SAS SETA 
    Elective  97228   National Certificate: Paralegal Practice  Level 5  NQF Level 05  Reregistered  2021-06-30  As per Learning Programmes recorded against this Qual 
    Elective  49598   National Diploma: Paralegal Practice  Level 5  NQF Level 05  Reregistered  2023-06-30  SAS SETA 
    Elective  64670   National Certificate: Public Financial Oversight and Accountability  Level 6  Level TBA: Pre-2009 was L6  Reregistered  2023-06-30  PSETA 
    Elective  90657   National Certificate: Prosecuting  Not Applicable  NQF Level 05  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.
     
    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.