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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Demonstrate knowledge and understanding of issues of compliance or non-activity that could result in civil or criminal liability in terms of business law 
SAQA US ID UNIT STANDARD TITLE
120127  Demonstrate knowledge and understanding of issues of compliance or non-activity that could result in civil or criminal liability in terms of business law 
ORIGINATOR
SGB Insurance and Investment 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 03 - Business, Commerce and Management Studies Finance, Economics and Accounting 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 4  NQF Level 04 
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 replaces: 
US ID Unit Standard Title Pre-2009 NQF Level NQF Level Credits Replacement Status
14979  Describe issues of compliance or non-activity that could result in civil or criminal liability in terms of business law  Level 4  NQF Level 04  Complete 

PURPOSE OF THE UNIT STANDARD 
This Unit Standard is intended for learners who manage risk in insurance and other organisations. Liability for the purpose of this Unit Standard refers to the liability attached to an entity and does not mean insurance cover. It will be useful for risk management generalists, loss adjusters and learners in short term insurance.

The qualifying learner is capable of:
  • Explaining how liabilities could arise within an organisation.
  • Explaining how liabilities are linked to corporate governance.
  • Describing the risks associated with non-compliance or non-activity.
  • Investigating evidence of compliance or non-compliance in an organisation. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    It is assumed that learners are competent in Communication and Mathematical Literacy at Level 3. 

    UNIT STANDARD RANGE 
    The typical scope of this Unit Standard is:
  • Legal liability includes national, provincial, regional and metropolitan legislation.
  • Civil liability includes contract, verbal and written agreements and negligence.
  • Legislation includes, but is not limited to, Financial Advisors and Intermediary Services Act, Occupation Health and Safety Act, Short Term Act, Long-Term Act, Financial Intelligence Centre Act, Pension Funds Act, Electronic Communications Act, Access to information Act, Labour Relations Act, Skills Development Act and the Company's Act.
  • Activities refer to conscious acts or errors.
  • Non- activity refers to omissions. 

  • Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Explain how liabilities could arise within an organisation. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Five principle Acts that impact on a specific organisation are identified and the intention of each Act is summarised in a table. 

    ASSESSMENT CRITERION 2 
    The concept of directors' and officers liability is explained with three examples. 

    ASSESSMENT CRITERION 3 
    Potential liabilities in respect of different activity and non-activity compliance issues are identified and an indication is given of whether each is related to civil and/or criminal liability. 

    SPECIFIC OUTCOME 2 
    Explain how liabilities are linked to corporate governance. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The basic principles of good corporate governance are explained with reference to legal, ethical and civil compliance. 

    ASSESSMENT CRITERION 2 
    Areas of liability that arise out of legal compliance are identified and an indication is given of the consequences of non-compliance or non-activity. 

    ASSESSMENT CRITERION 3 
    Areas of liability that arise out ethical compliance are identified and an indication is given of the consequences of non-compliance or non-activity. 

    ASSESSMENT CRITERION 4 
    The link between civil and criminal liability is explained in terms of non-compliance or non-activity with business law. 

    SPECIFIC OUTCOME 3 
    Describe the risks associated with non-compliance or non-activity. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Risks associated with ethical non-compliance are explained with examples. 

    ASSESSMENT CRITERION 2 
    Risks associated with legal non-compliance are explained with examples. 

    ASSESSMENT CRITERION 3 
    Possible consequences for ethical and legal non-compliance and non-activity are compared for a specific organisation. 

    ASSESSMENT CRITERION 4 
    The ethical and legal risks in a specific organisation are quantified in terms of the potential consequences. 

    SPECIFIC OUTCOME 4 
    Investigate evidence of compliance or non-compliance in an organisation. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Evidence of compliance or non-compliance is identified in the documents of a specific organisation. 

    ASSESSMENT CRITERION 2 
    Compliance to an organisation's systems is checked on site and any deficiencies are indicated in a report. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • Anyone assessing a candidate against this Unit Standard must be registered as an assessor with the relevant ETQA or ETQA where a Memorandum of Understanding (MOU) exists with the relevant ETQA.
  • Any institution offering learning that will enable achievement of this Unit Standard must be accredited as a provider through the relevant ETQA or ETQA where a Memorandum of Understanding (MOU) exists with the relevant ETQA.
  • Moderation of assessment will be overseen by the relevant ETQA according to the moderation guidelines and the agreed ETQA procedures. 

  • 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 
    Learners are capable of identifying and solving problems in which responses show that responsible decisions using critical thinking have been made in checking systems for compliance. 

    UNIT STANDARD CCFO COLLECTING 
    Learners are capable of collecting, organising and critically evaluating information in investigating evidence of non-compliance. 

    UNIT STANDARD CCFO COMMUNICATING 
    Learners are able communicate clearly in reporting deficiencies. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Learners are able to see the world as a set of related systems in understanding the links between risks and compliance and between civil and criminal liability. 

    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 
    This unit standard replaces unit standard 14979, "Describe issues of compliance or non-activity that could result in civil or criminal liability in terms of business law", Level 4, 2 credits. 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Core  61450   Further Education and Training Certificate: Film and Television Production Operations  Level 4  NQF Level 04  Reregistered  2023-06-30  MICTS 
    Core  66610   Further Education and Training Certificate: Short Term Insurance  Level 4  NQF Level 04  Reregistered  2021-06-30  As per Learning Programmes recorded against this Qual 
    Core  57613   Further Education and Training Certificate: Short-Term Risk Management  Level 4  NQF Level 04  Passed the End Date -
    Status was "Reregistered" 
    2012-06-30  INSETA 
    Elective  61489   National Certificate: Transport Operations  Level 5  Level TBA: Pre-2009 was L5  Reregistered  2023-06-30  TETA 


    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.
     
    1. Alcari Learning Centre (Pty) Ltd 
    2. BRC Solutions (Pty) Ltd 
    3. CKP Development Agency (Pty) Ltd. 
    4. De Vries Management & Training Services cc 
    5. EJW Financial Services (Pty) Ltd 
    6. Faisit (Pty) Ltd 
    7. Ikusasa Lethu Projects and Training (Pty) Ltd 
    8. Intelligo Solutions Pty (Ltd) 
    9. Invuya Institute of Learning (Pty) Ltd 
    10. License to Skill cc 
    11. Masifunde Training Centre (Pty) Ltd 
    12. O'Keeffe & Swartz Consultants (Pty) Ltd 
    13. Octomate (Pty) Ltd 
    14. Outsurance Insurance Company Ltd 
    15. Ripple Effect 4 (Pty) Ltd 
    16. RJM Educational Consulting (Pty) Ltd 
    17. Training Techniques 



    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.