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 an understanding of real and personal rights in terms of ownership and possession 
SAQA US ID UNIT STANDARD TITLE
256936  Demonstrate an understanding of real and personal rights in terms of ownership and possession 
ORIGINATOR
SGB for Sheriffs 
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  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 
The person credited with this unit standard is able to explain the rights and obligations of a holder of real and personal rights. The learner will be able to explain the nature and effect of ownership and possession and the process of obtaining information from the deeds office. The learner will also understand notarial bonds in terms of South African law and be able to explain the legal nature of a lien, a pledge and a hypothec and the requirements, rights and obligations of a spoliation order.

On successful completion of this Unit Standard the learner will be able to:
  • Distinguishing between real and personal rights.
  • Explain the characteristics of real rights.
  • Explain the effect of the registration of bonds on certain real rights.
  • Explain other forms of real rights. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    It is assumed that the learner has the following knowledge and skills:
  • Communication at NQF Level 5. 

  • UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Distinguish between real and personal rights. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Real and personal rights are defined and explained by means of an example of each from the sheriff's environment. 

    ASSESSMENT CRITERION 2 
    An explanation is given of the legal rights and obligations of a holder of a real right in terms of South African law. 

    ASSESSMENT CRITERION 3 
    An explanation is given of the legal rights and obligations of a holder of a personal right in terms of South African law. 

    SPECIFIC OUTCOME 2 
    Explain the characteristics of real rights. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The nature and effect of ownership is compared to the nature and effect of possession in terms of South African law. 

    ASSESSMENT CRITERION 2 
    The legal rights of a possessor and a holder are distinguished in terms of South African law. 

    SPECIFIC OUTCOME 3 
    Explain the effect of the registration of bonds on certain real rights. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    An explanation is given of the process of obtaining information from the deeds office. 

    ASSESSMENT CRITERION 2 
    An explanation is given of the nature, origin and consequences of a mortgage bond in terms of South African law. 

    ASSESSMENT CRITERION 3 
    An explanation is given of the registration and effect of a notarial bond in terms of South African law. 

    ASSESSMENT CRITERION 4 
    An explanation is given of the perfection of notarial bonds in order to confirm the bond holder's rights. 

    ASSESSMENT CRITERION 5 
    An explanation is given of the differences between securities and preferences in the distribution account. 

    SPECIFIC OUTCOME 4 
    Explain other forms of real rights. 
    OUTCOME RANGE 
    Other forms of real rights are those real rights that are not capable of being registered. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    An explanation is given of the legal nature of a lien and a pledge in terms of South African law. 

    ASSESSMENT CRITERION 2 
    An explanation is given of the juristic nature of a hypothec held by a landlord over invecta et illata. 

    ASSESSMENT CRITERION 3 
    An explanation is given of the requirements, rights and obligations of the spoliation order in terms of South African law. 


    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 difference between real and personal rights.
  • The characteristics of real rights.
  • Procedures of the deeds office. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO COLLECTING 
    Collecting, analysing, organising and critically evaluating information to better understand and explain:
  • The difference between real and personal rights.
  • The characteristics of real rights.
  • The effect of the registration of bonds on certain real rights.
  • Other forms of real rights. 

  • 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
    Core  62829   National Certificate: Law Enforcement: Sheriffing  Level 6  Level TBA: Pre-2009 was L6  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.