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 QUALIFICATION THAT HAS PASSED THE END DATE:

National Certificate: Attorneys Practice

SAQA QUAL ID	QUALIFICATION TITLE
48920	National Certificate: Attorneys Practice
ORIGINATOR
SGB Legal Education and Training
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY			NQF SUB-FRAMEWORK
SAS SETA - Safety and Security SETA			OQSF - Occupational Qualifications Sub-framework
QUALIFICATION TYPE	FIELD		SUBFIELD
National Certificate	Field 08 - Law, Military Science and Security		Justice in Society
ABET BAND	MINIMUM CREDITS	PRE-2009 NQF LEVEL	NQF LEVEL	QUAL CLASS
Undefined	136	Level 7	NQF Level 07	Regular-Unit Stds Based
REGISTRATION STATUS		SAQA DECISION NUMBER	REGISTRATION START DATE	REGISTRATION END DATE
Passed the End Date - Status was "Reregistered"		SAQA 06120/18	2018-07-01	2023-06-30
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 qualification does not replace any other qualification and is not replaced by any other qualification.

PURPOSE AND RATIONALE OF THE QUALIFICATION

The purpose of the qualification is to provide learners with practical legal knowledge, specific skills and applied competence to be admitted as attorneys by the High Court of South Africa.

This qualification will provide South Africa with a significant number of admitted attorneys who are responsible members of the legal society, officers of the court and practitioners who serve their clients with integrity and contribute to the economic activity of the country. These practitioners are trained to perform work of a specialised nature and are bound by rules of professional conduct.

It will also provide the South African and the global community with lawyers who are empowered to accept their ethical responsibility toward the realisation of a just society based on constitutional democracy within a world legal order. The qualifying learner will have the ability to work as a team member or individually, thereby employing other people and reducing unemployment.

The unit standard based nature of the qualification will facilitate the accumulation of credits through institutionalised and workplace learning. Also, any credits achieved through assessed competence in these unit standards may be applied towards other qualifications, should such unit standards be required to this end.

RATIONALE FOR THE QUALIFICATION

This qualification is intended primarily to allow persons having complied with the requirements for an acknowledged law degree to gain professional licensing, thus allowing them to practise as attorneys.

This national qualification will consequently enable people from all backgrounds to be empowered as attorneys within the legal profession, who will be able to deliver legal services of quality and provide employment possibilities within the broader community.

This qualification will also, through the licensing process, allow communities to be protected against misconduct and unethical behaviour.

This qualification will provide access to career-paths for those qualifying learners intending to serve in any professional capacity within the legal profession.

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING

The learner who embarks on study towards this qualification is assumed to:

Have acquired a coherent understanding of and ability to analyse fundamental legal concepts, principles, theories and their relationship to values, critically

Have acquired an understanding and application of the relevant methods, techniques and strategies involved in legal research and problem solving in theoretical and applied situations.

Be able to collect, organise, analyse and critically evaluate information and evidence from a legal perspective.

Have acquired the ability to communicate effectively in a legal environment by means of written, oral, persuasive methods and sustained discourse.

Be able to solve complex and diverse legal problems creatively, critically, ethically and innovatively.

Be able to work effectively with colleagues and other role players in the legal process as a team or group and contribute significantly to the group output.

Have acquired basic computer literacy to effectively communicate, retrieve and process relevant data in a legal environment.

Be able to manage and organise her or his life and professional activities in the legal field responsibly and effectively.

Be able to participate as a responsible citizen in the promotion of a just society and a democratic and constitutional state under the rule of law.

Have acquired legal skills and knowledge, which enable him or her to solve problems responsibly and creatively in a given legal and social context.

Be able to understand the different employment and income generating opportunities in the legal field, including outside the legal profession.

To be able to process numerical data.

RECOGNITION OF PRIOR LEARNING

The RPL is currently regulated by statute, where certain countries are designated for formal approval for prior learning and no other regocnition of prior learning other than an LLB or B Proc is accepted for South African learners.

The standards generating body is bound by law and cannot give recognition to prior learning other than that prescribed by law.

RECOGNISE PREVIOUS LEARNING?

QUALIFICATION RULES

Credits are assigned as follows:

All fundamental and core unit standards as listed must be achieved, whereas the total of 8 elective credits are required.

Minimum Credits

Fundamental = 19 credits

Core = 109 credits

Elective = 8 credits

TOTAL = minimum 136 credits

Minimum credits to be earned through:

Workplace training = 90 credits (67%)

Structured learning = 45 credits (33%)

EXIT LEVEL OUTCOMES

1. Conduct effective legal research and utilise the findings to resolve legal problems and conclude justifiable legal transactions.

2. Demonstrate the ability to administer an attorney's office.

3. Comprehensively litigate on behalf of clients.

4. Advise clients appropriately on enforcement of their legal rights.

CRITICAL CROSS-FIELD OUTCOMES

This qualification addresses the following critical cross-field outcomes. The way in which the critical cross-field outcomes are addressed is presented in detail in the unit standards.

Identifying and solving problems in which responses display that responsible decisions using critical and creative thinking have been made

Working effectively with others as a member of a team, group, organisation, or community

Organizing and managing oneself and one's activities responsibly and effectively

Collecting, analysing, organizing and critically evaluating information

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

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

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

Learning programmes directed towards this qualification will also contribute to the full personal development of each learner and the social and economic development of the society at large, by making individuals aware of the importance of:

Reflecting on and exploring a variety of strategies to learn more effectively

Participating as responsible citizens in the life of local, national and global communities

Being culturally and aesthetically sensitive across a range of social contexts

Exploring education and career opportunities; and developing entrepreneurial opportunities.

ASSOCIATED ASSESSMENT CRITERIA

Information is sourced, analysed and the best possible solution to legal problems is determined and applied.

A range of legal transactions is concluded.

2.

The attorney's office is administered in accordance with managerial principles and ethical standards.

The office's accounting records meet the prescribed requirements.

3.

Clients are represented skillfully, professionally and in accordance with ethical standards.

Relevant legal principles are identified and applied.

Legal remedies applied demonstrate an understanding of the law and procedure.

4.

Legal rights and remedies are explained to clients.

INTEGRATED ASSESSMENT

Ongoing formative assessment is required so that learners are given feedback on their progress in the achievement of specific learning outcomes. Summative assessment is concerned with the judgement of the learning in relation to the exit-level outcomes of the qualification, which test the learners' ability to integrate a large body of knowledge, skills and attitudes. Integrated assessments must be designed to achieve the following:

An integration of the achievement of exit-level outcomes in a way which demonstrates a 'deep' approach to learning and shows that the purpose of the qualification as a whole has been achieved;

Judgement of learner performance which can provide evidence of applied competence or capability;

An emphasis on criterion-referenced assessment which is more transparent to the learners and which is capable of being applied to the recognition of prior learning.

The integration of knowledge, skills and attitudes happens most naturally in supervised simulated real-world live client contexts and in problem-based research situations. these, amongst others, would provide, under careful supervision, suitable vehicles for integrated assessments in this qualification.

INTERNATIONAL COMPARABILITY

The structured training part of the qualification has been developed from the Australian model where there are minor differences between the federal states. World wide comparative studies were done in : 1997 (Sampson - report) ; 1985 (Van der Walt - report) ; 1988 (Human Science Research Council) and 1996 (Mr Boshoff and Mr Swart - Report - Law Society of South Africa) leading to the move from the English model. Sub divisions of the qualifications are regularly compared with Commonwealth countries, The Commonwealth Lawyers Association, International Bar Association (committee for Legal Education and Southern African Development Community Lawyers Association).

ARTICULATION OPTIONS

This qualification articulates horizontally with acknowledged law degrees and can provide entrance to postgraduate legal studies and will provide entrance to post graduate certificates in conveyancing and notarial practice. However, the qualification does not articulate substantially with other qualifications in the academic stream.

MODERATION OPTIONS

The following moderation options are subject to legislation applying to the qualification from time to time.

Anyone assessing a learner or moderating the assessment of a learner against this qualification must be registered as an assessor with the relevant ETQA and / or accrediting body.

Any institution offering learning that will enable achievement of this qualification must be accredited as a provider through the relevant ETQA and / or accrediting body.

The relevant ETQA and / or accrediting body will oversee assessment and moderation of assessment according to the moderation guidelines in the relevant competency and the agreed procedures of the ETQA and / or accrediting body.

Moderation must include both internal and external moderation of assessment at exit points of the qualification, unless ETQA and / or accrediting body policies specify otherwise. Moderation should encompass achievement of the competence described both in individual unit standards, exit level outcomes as well as the integrated competence described in the qualification.

Anyone wishing to be assessed against this competency may apply to be assessed by any assessment agency, assessor or provider institution that is accredited by the relevant ETQA and / or accrediting body.

CRITERIA FOR THE REGISTRATION OF ASSESSORS

Assessors must hold an acknowledged equivalent qualification or one level above and must be registered with the relevant ETQA and / or relevant accrediting body. Appointment of assessors will be in accordance with legislation relating to the qualification.

Assessors should keep the following general principles in mind when designing and conducting assessments:

Focus the assessment activities on gathering evidence in terms of the main outcomes expressed in the titles of the unit standards to ensure assessment is integrated rather than fragmented. The purpose is to declare the person competent in terms of the title.

Where assessment at title level is unmanageable, then focus the assessment around each specific outcome, or groups of specific outcomes.

Make sure evidence is gathered across the entire range, wherever it applies. Assessment activities should be as close to the real performance as possible, and where simulations or role-plays are used, there should be supporting evidence to show the candidate is able to perform in the real situation.

All assessments should be conducted in line with the following well documented principles of assessment: appropriateness, fairness, manageability, integration into work or learning, validity, direct, authentic, sufficient, systematic, open and consistent as defined below:

Principles of assessment:

Appropriateness: The method of assessment is suited to the performance being assessed.

Fairness: The method of assessment does not present any barriers to achievements, which are not related to the evidence.

Manageability: The methods used make for easily arranged, cost-effective assessments that do not unduly interfere with learning.

Integration into work or learning: Evidence collection is integrated into the work or learning process where this is appropriate and feasible.

Validity: The assessment focuses on the requirements laid down in the Standard; i.e. the assessment is fit for purpose.

Direct Assessment: The activities in the assessment mirror the conditions of actual performance as closely as possible

Authenticity: The assessor is satisfied that the work being assessed is similar to a real work situation and is attributable to the person being assessed.

Sufficient Assessment: The evidence collected establishes that all criteria have been met and that performance to the required Standard can be repeated consistently.

Systematic Assessment: Planning and recording is sufficiently rigorous to ensure that assessment is fair.

Open Assessment: Learners can contribute to the planning and accumulation of evidence. Assessment candidates understand the assessment process and the criteria that apply.

Consistency: The same assessor would make the same judgement again in similar circumstances. The judgement made is similar to the judgement that would be made by other assessors.

REREGISTRATION HISTORY

As per the SAQA Board decision/s at that time, this qualification was Reregistered in 2012; 2015.

NOTES

N/A

UNIT STANDARDS:

	ID	UNIT STANDARD TITLE	PRE-2009 NQF LEVEL	NQF LEVEL	CREDITS
Core	116105	Apply accounting skills in an attorney's books of account	Level 5	Level TBA: Pre-2009 was L5	8
Core	116087	Fundamentals of legal costs	Level 5	Level TBA: Pre-2009 was L5	3
Core	116101	Recover fees and disbursements in an attorney's practice	Level 5	Level TBA: Pre-2009 was L5	4
Core	116096	Apply effective communication skills in legal practice	Level 6	Level TBA: Pre-2009 was L6	10
Core	116108	Fundamentals of effective communication skills in legal practice	Level 6	Level TBA: Pre-2009 was L6	6
Core	116104	Use technology effectively in the practice of law	Level 6	Level TBA: Pre-2009 was L6	6
Core	116100	Apply relevant labour law	Level 7	Level TBA: Pre-2009 was L7	4
Core	116112	Apply relevant South African law with due consideration to the values of the Constitution	Level 7	Level TBA: Pre-2009 was L7	3
Core	116093	Apply the aspects of commercial litigation	Level 7	Level TBA: Pre-2009 was L7	5
Core	116103	Apply the basic aspects of insolvency, matrimonial, divorce and personal injury litigation	Level 7	Level TBA: Pre-2009 was L7	15
Core	116088	Apply the practical aspects of trial advocacy	Level 7	Level TBA: Pre-2009 was L7	19
Core	116094	Apply the rules of practice management and administration in an attorney's office	Level 7	Level TBA: Pre-2009 was L7	11
Core	116118	Draft a range of legal documents in an attorney's practice	Level 7	Level TBA: Pre-2009 was L7	8
Core	116098	Draft and interpret wills and administer deceased estates	Level 7	Level TBA: Pre-2009 was L7	7
Fundamental	116092	Exercise ethical responsibility and professional conduct in the attorneys profession	Level 7	Level TBA: Pre-2009 was L7	5
Fundamental	116090	Solve real legal problems, through information research	Level 7	Level TBA: Pre-2009 was L7	14
Elective	116095	Advise on and implement appropriate forms of business enterprises	Level 7	Level TBA: Pre-2009 was L7	8
Elective	116116	Apply relevant customary law	Level 7	Level TBA: Pre-2009 was L7	2
Elective	116099	Apply relevant Gender Law	Level 7	Level TBA: Pre-2009 was L7	1
Elective	116106	Apply the principles contained in the constitution	Level 7	Level TBA: Pre-2009 was L7	2
Elective	116091	Execute legal administrative and alternative dispute resolution procedures	Level 7	Level TBA: Pre-2009 was L7	4

LEARNING PROGRAMMES RECORDED AGAINST THIS QUALIFICATION:

NONE

PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS QUALIFICATION:

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.

1.	LAW SOCIETY OF SOUTH AFRICA