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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Analyse various forms of liability within the Sheriff's environment 
SAQA US ID UNIT STANDARD TITLE
256938  Analyse various forms of liability within the Sheriff's environment 
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  18 
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 distinguish the difference between delict and crime and negligence and intent. The learner will also be able to explain the principle differences between the actio legis aquiliae and the actio iniuriarum, and explain how liability affects the duties and work of a sheriff. Learners will also be able to distinguish between enrichment and impoverishment in terms of the requirements for enrichment liability. Further learners will also be able to assess, quantify and claim damages.

On successful completion of this Unit Standard the learner will be able to:
  • Analyse the elements of delictual liability.
  • Distinguish between the general delictual remedies.
  • Explain aspects of delictual liability with specific reference to the Sheriff's profession.
  • Explain the requirements for enrichment liability. 

  • 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 
  • Liability may include but is not limited to delictual and enrichment liability. 

  • Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Analyse the elements of delictual liability. 
    OUTCOME RANGE 
    The elements include conduct, wrongfulness, fault, damage and causation. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    An explanation is given of the distinction between delict and crime with reference to the elements of liability. 

    ASSESSMENT CRITERION 2 
    An explanation is given of conduct and automatism in terms of South African law. 

    ASSESSMENT CRITERION 3 
    An explanation is given of wrongfulness and grounds of justification in terms of South African law. 

    ASSESSMENT CRITERION 4 
    Negligence and intent are compared as forms of fault required for delictual liability. 

    ASSESSMENT CRITERION 5 
    An explanation is given of factual and legal causation as requirements for delictual liability. 

    ASSESSMENT CRITERION 6 
    Patrimonial and non-patrimonial losses are distinguished as different forms of damage. 

    SPECIFIC OUTCOME 2 
    Distinguish between the general delictual remedies. 
    OUTCOME RANGE 
    Delictual remedies may include but are not limited to the actio legis aquiliae, the actio iniuriarum and the interdict. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    An explanation is given of the principle differences between the actio legis aquiliae and the actio iniuriarum in terms of their characteristics. 

    ASSESSMENT CRITERION 2 
    An explanation is given of the interdict as a delictual remedy with reference to its requirements. 

    ASSESSMENT CRITERION 3 
    Remedies for specific forms of strict liability are analysed in terms of South African law. 
    ASSESSMENT CRITERION RANGE 
    Specific forms of strict liability may include but are not limited to vicarious liability and the actio de pauperie.
     

    SPECIFIC OUTCOME 3 
    Explain aspects of delictual liability with specific reference to the Sheriffs profession. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    An explanation is given of liability for professional negligence in terms of South African law. 

    ASSESSMENT CRITERION 2 
    An explanation is given of liability for wrongful arrest with reference to the requirements for liability. 

    ASSESSMENT CRITERION 3 
    An explanation is given of liability for wrongful attachment of property with reference to the requirements for liability. 

    ASSESSMENT CRITERION 4 
    An explanation is given of liability relating to damage suffered in the transport of assets in terms of South African law. 

    ASSESSMENT CRITERION 5 
    An explanation is given of personal insurance against professional and other forms of liability in terms of good business practices. 

    SPECIFIC OUTCOME 4 
    Explain the requirements for enrichment liability. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Enrichment and impoverishment is distinguished as requirements for enrichment liability. 

    ASSESSMENT CRITERION 2 
    An explanation is given of the sine-causa requirement for enrichment liability. 

    ASSESSMENT CRITERION 3 
    An explanation is given of indirect enrichment with examples from case law. 

    ASSESSMENT CRITERION 4 
    An explanation is given of the requirements for negotiorum gestor as an extended enrichment remedy and legal ground for establishing a lien. 

    SPECIFIC OUTCOME 5 
    Explain the general principles of the assessment of damages. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    An explanation is given of the comparative method to assess damage with reference to past and future loss. 

    ASSESSMENT CRITERION 2 
    An explanation is given of the quantification of damages in the case of damage to property in terms of the market value and reasonable cost of repairs. 

    ASSESSMENT CRITERION 3 
    An explanation is given of damages claimed after attachment of property or deprivation of possession of assets with reference to future loss of income and profit. 


    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 elements of delictual liability.
  • The characteristics of the actio Legis Aquiliae and actio iniuriarum.
  • The effects of delictual liability.
  • The requirements for enrichment liability.
  • How to assess and quantify damages. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO ORGANISING 
    Organising and managing oneself and one's activities responsibly and effectively when:
  • Distinguishing between the general delictual remedies. 

  • UNIT STANDARD CCFO COLLECTING 
    Collecting, analysing, organising and critically evaluating information to better understand and explain:
  • The elements of delictual liability.
  • The requirements for enrichment liability. 

  • 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:
  • Analysing the elements of delictual liability.
  • Explaining the requirements for enrichment 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 
    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.