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: 

Demonstrate a knowledge of the principles and methodology that underlie the drafting and the processing of legislation. 
SAQA US ID UNIT STANDARD TITLE
365239  Demonstrate a knowledge of the principles and methodology that underlie the drafting and the processing of legislation. 
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  15 
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 standard provides learners with the opportunity to acquire the competencies needed in the field of legislative drafting. They will have an insight into the principles and methodology that underlie the drafting and the processing of legislation.

Learners credited with this unit standard will:
  • Understand the basic principles of legislative drafting.
  • Understand the development and processing of legislation through the various stages.
  • Understand the importance of the Constitution of the Republic of South Africa, 1996.
  • Understand the Constitutional Acts and Interpretation Act 1957, (Act No. 33 of 1957).
  • Understand the structure of an Act and certain specific provisions.
  • Understand the importance of language in legislative drafting. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    It is assumed that the learner is competent in Communication at NQF Level 5 and has a basic understanding of The Constitution of the Republic of South Africa, 1996 and Government structures. 

    UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Demonstrate a clear understanding of the Constitutional imperatives. 
    OUTCOME RANGE 
    Constitutional imperatives refer to, but are not limited to:
  • The Supremacy of the Constitution of the Republic of South Africa.
  • The Bill of Rights.
  • Legislative Authority.
  • Separation of powers. 

  • ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The supremacy of the Constitution of the Republic of South Africa, 1996 is explained in relation to the drafting of Bills. 

    ASSESSMENT CRITERION 2 
    The relevance of the Bill of Rights to legislative drafting and the limitations of the rights are explained. 

    ASSESSMENT CRITERION 3 
    The distribution of legislative authority to the three spheres of Government with particular reference to Schedules 4 and 5 and sections 44, 104 and 156 of the Constitution of the Republic of South Africa, 1996 are explained. 

    ASSESSMENT CRITERION 4 
    The conflicts of laws enacted by National, Provincial and Municipal spheres of government with reference to Sections 146 to 150 of the Constitution of the Republic of South Africa, 1996 are explained with an explanation of the possible problems that could result from the conflicts. 

    ASSESSMENT CRITERION 5 
    The relationship between the Executive, the Judiciary and the Legislature in relation to separation of powers in legislative drafting are explained. 

    SPECIFIC OUTCOME 2 
    Demonstrate a clear understanding of Parliamentary and Legislature legislative processes. 
    OUTCOME RANGE 
    Parliamentary and Legislature processes refer to but are not limited to:
  • Tagging of Bill.
  • Passing of Bill.
  • Presidential and Premiers assent and signature.
  • Commencement. 

  • ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Tagging of Bills with reference to Sections 74 to 77 of the Constitution of the Republic of South Africa, 1996 are explained and compared so as to highlight the key differences in the categories. 

    ASSESSMENT CRITERION 2 
    The passing of Bills in the National Assembly and the National Council of Provinces and the Provincial Legislatures is explained. 

    ASSESSMENT CRITERION 3 
    An explanation is given of the Presidential and Premiers assent and signatures in passing Bills. 

    ASSESSMENT CRITERION 4 
    An explanation of when a Bill becomes an Act and when it commences is given. 

    SPECIFIC OUTCOME 3 
    Demonstrate a clear understanding of the development of legislation. 
    OUTCOME RANGE 
    Development of legislation refers to, but is not limited to:
  • Development of Policy (Green Paper and White Paper).
  • Origin of legislation. 

  • ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The different persons and bodies which may initiate legislation are listed and described to highlight the elements of the legislative process both at national and provincial levels. 

    ASSESSMENT CRITERION 2 
    The origin of legislation is explained with examples. 

    ASSESSMENT CRITERION 3 
    The policy development process is described and the differences between a Green Paper and a White Paper highlighted with reference to legislative drafting. 

    SPECIFIC OUTCOME 4 
    Demonstrate a clear understanding of the relevance of the Acts of general Application to legislative drafting. 
    OUTCOME RANGE 
    Acts of general application refer to, but are not limited to:
  • 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). 

  • ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The importance of the Constitutional Acts of general Application in drafting Bills is explained. 
    ASSESSMENT CRITERION RANGE 
    Constitutional Acts refers to:
  • 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).
     

  • ASSESSMENT CRITERION 2 
    The importance of the Interpretation Act 1957, (Act No. 33 of 1957) in drafting Bills is explained. 

    SPECIFIC OUTCOME 5 
    Demonstrate a clear understanding of the structure of Bills. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The compulsory sections in Bills are identified and described. 

    ASSESSMENT CRITERION 2 
    The arrangement of the sections in Bills is identified and described. 

    SPECIFIC OUTCOME 6 
    Demonstrate a clear understanding of specific provisions of Bills. 
    OUTCOME RANGE 
    Specific provisions of Bills refers to, but is not limited to:
  • Long title.
  • Preamble.
  • Purpose or Objects.
  • Definitions.
  • Powers and duties.
  • Presumptions regarding offences.
  • Power of entry search and seizure.
  • Penal provisions.
  • Transitional provisions. 

  • ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The contents of the Long title, preamble and objects clause are described in order to highlight the key differences. 

    ASSESSMENT CRITERION 2 
    An explanation is given as to how to compose and when to include definitions. 

    ASSESSMENT CRITERION 3 
    The types of definitions are explained. 

    ASSESSMENT CRITERION 4 
    Distinguish the difference between an imperative and a discretion (use of "may" and "must"). 

    ASSESSMENT CRITERION 5 
    The best person to give or exercise power in the light of Separation of Powers and legislative authority and delegations and sub delegations of power is explained. 

    ASSESSMENT CRITERION 6 
    The limitation to the Bill of Rights is understood when drafting presumptions and powers of entry search and seizure provisions. 

    ASSESSMENT CRITERION 7 
    An understanding of the relevance of creating offences and the limitations; and the different formulations when drafting penal provisions is shown. 

    ASSESSMENT CRITERION 8 
    The importance of smooth transition between an old law and a new law when changing a law or regulating for the first time is explained. 

    SPECIFIC OUTCOME 7 
    Demonstrate a clear understanding of the different types of legislation. 
    OUTCOME RANGE 
    The types of legislation refers to, but is not limited to:
  • Validation.
  • Legislation establishing statutory corporations.
  • Incorporating international agreements.
  • Amending legislation.
  • Subordinate legislation.
  • Finance Legislation. 

  • ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    An understanding of when to use validation legislation when correcting errors and distinguishing validation legislation and retrospective legislation is demonstrated. 

    ASSESSMENT CRITERION 2 
    The different types of statutory corporations and the essential provisions thereof are explained. 

    ASSESSMENT CRITERION 3 
    The legislation incorporating international agreements and the Constitutional imperatives are defined. 

    ASSESSMENT CRITERION 4 
    The principles and formulas of drafting amending legislation are described to highlight their significance. 

    ASSESSMENT CRITERION 5 
    An explanation of the importance of the enabling section for subordinate legislation in drafting Bills is given. 

    ASSESSMENT CRITERION 6 
    The different types of subordinate legislation are described in order to highlight the key differences in legislative drafting. 

    SPECIFIC OUTCOME 8 
    Demonstrate a clear understanding of legislative style, punctuation and plain language drafting. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The formatting of Bills and the numbering of sections are explained. 

    ASSESSMENT CRITERION 2 
    The importance of punctuation when drafting a Bill is explained. 

    ASSESSMENT CRITERION 3 
    Legislative sentence and the importance of clarity and simplicity are explained. 


    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 
    The following knowledge is embedded within the unit standard, and will be assessed directly or indirectly through assessment of the specific outcomes in terms of the assessment criteria:

    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 108 of 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, 1996 and human rights.
  • 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 and tagging legislation. 

  • 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, processing legislation through the various stages. 

  • UNIT STANDARD CCFO COLLECTING 
    Collecting, analysing, organising and critically evaluating information to better understand and explain:
  • The policy development of the legislation, the Constitutional imperatives, the context of the legislation and the audience of the 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 SCIENCE 
    Using science and technology effectively and critically, showing responsibility towards the environment and health of others when: 

    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 


    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.