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 THAT HAS PASSED THE END DATE: 

Utilise selected skills in divorce matters 
SAQA US ID UNIT STANDARD TITLE
123216  Utilise selected skills in divorce matters 
ORIGINATOR
SGB Legal Education and 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  Level TBA: Pre-2009 was L6  6 
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 will enable court based learners to gain knowledge and skills in divorce matters, accelerate the resolution of family disputes and encourage respect for the rule of law and the justice system.

Learners credited with this unit standard will be able to:
  • Enforce a divorce order.
  • Initiate and respond to discovery procedures.
  • Draw up and issue substituted service applications.
  • Draw up and issue interim interdict applications. 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Communication skills NQF Level 4. 

    UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Enforce a divorce order. 
    OUTCOME RANGE 
    Enforcement methods to be covered are warrants of execution and contempt of court proceedings.The execution procedures and processes to be covered are those that are prescribed for the execution of judgements of the magistrates court, as referred to in rules 12 and 13 of the rules of the Administration Amendment Act no 9 of 1929, and contained in the Magistrates Court Act no 32 of 1944. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Factual breaches of orders are analysed in order to identify enforcement remedies in divorce matters. 

    ASSESSMENT CRITERION 2 
    The execution process is utilised to enforce a court order in the context of a given case study. 

    ASSESSMENT CRITERION 3 
    The procedure and nature of contempt of court proceedings is defined in order to inform court users. 

    ASSESSMENT CRITERION 4 
    Warrants of execution are drawn up to enforce a court order in the context of a given case study. 

    ASSESSMENT CRITERION 5 
    Notices of motion and affidavits in contempt of court proceedings are drawn up to enforce a court order in the context of a given case study. 

    SPECIFIC OUTCOME 2 
    Initiate and respond to discovery procedures. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The use and timing of discovery proceedings are examined in the context of divorce matters. 

    ASSESSMENT CRITERION 2 
    Factual divorce matters are analysed in order to identify documents requiring discovery. 

    ASSESSMENT CRITERION 3 
    Documents are identified and analysed in the context of privilege. 

    ASSESSMENT CRITERION 4 
    Discovery notices and discovery affidavits are drawn up to obtain documentation in the context of a given case study. 

    ASSESSMENT CRITERION 5 
    Service requirements and procedures necessary in discovery proceedings are utilised in the context of a given case study. 

    SPECIFIC OUTCOME 3 
    Draw up and issue substituted service applications. 
    OUTCOME RANGE 
    Procedures to be covered are contained in rule 17 of the rules of the Administration Amendment Act no 9 of 1929. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Requirements and procedures for substituted service are examined in order to inform court users. 

    ASSESSMENT CRITERION 2 
    Substituted service applications, affidavits and short form of summons are drawn up in the context of a given case study. 

    ASSESSMENT CRITERION 3 
    Procedural steps necessary to initiate applications are applied in a given case study. 

    ASSESSMENT CRITERION 4 
    Procedural steps to be taken after the granting of a substituted service order are defined and examined to inform court users. 

    SPECIFIC OUTCOME 4 
    Draw up and issue interim interdict applications. 
    OUTCOME RANGE 
    Procedures to be covered are contained in rule 33 of the rules of the Administration Amendment Act no 9 of 1929. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Factual divorce matters are analysed in the context of interim interdicts. 

    ASSESSMENT CRITERION 2 
    Procedures and service requirements for interim interdicts are applied in a given case study. 

    ASSESSMENT CRITERION 3 
    Interdict applications and affidavits are drawn up in a given case study. 

    ASSESSMENT CRITERION 4 
    Procedures to initiate applications are defined and examined in the context of interim divorce orders. 


    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 
  • Procedures to enforce a divorce order.
  • Procedures to initiate substituted service proceedings.
  • Procedures to initiate discovery procedures.
  • Procedures to initiate interim interdict procedures. 
    		•

    UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Learners have acquired the generic ability to diagnose complex divorce problems and to facilitate the resolution of more complex matters in the divorce court. 

    UNIT STANDARD CCFO WORKING 
    Learners have acquired the generic ability to act as a resource to members of the court-based service delivery team who are dealing with complex divorce matters. 

    UNIT STANDARD CCFO ORGANISING 
    Learners have acquired the generic ability to organise and manage complex applications in divorce matters and to oversee the effective compliance with court orders. 

    UNIT STANDARD CCFO COLLECTING 
    Learners have acquired the generic ability to identify and analyse information in divorce matters and to implement courses of action leading to more efficient and equitable resolutions of divorce disputes. 

    UNIT STANDARD CCFO COMMUNICATING 
    Learners have acquired the generic ability to explain to court users in accessible language more complex legal remedies available to them in the divorce court system. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Learners have acquired the generic ability to understand the role of the divorce court and its use in resolving disputes between people as part of the larger family law system. 

    UNIT STANDARD CCFO CONTRIBUTING 
    Learners have acquired the generic ability to use advanced skills in divorce matters to contribute to a more accessible and efficient divorce court system in South Africa. 

    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 
    Terminology:
  • For the purposes of this unit standard, 'court-based family law practice' and 'family law-related matters' are understood to include the legal areas of maintenance, domestic violence, divorce and children's court matters at a lower court level.
  • For the purposes of this unit standard, 'court based staff' and 'court based learners' are understood to refer to administrative clerks working in the area of divorce at a lower court level. 
    		•

    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 


    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.