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: 

Analyse legal aspects pertaining to legal capacity, personae and proprietorships 
SAQA US ID UNIT STANDARD TITLE
256955  Analyse legal aspects pertaining to legal capacity, personae and proprietorships 
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 
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 learner credited with this unit standard is able to understand the rights and obligations of a person in terms of South African law as well as the role of age and mental illness in terms of legal capacity. Learners will also be able to understand the characteristics of partnerships, trusts and sole proprietorships and how to dissolve and sequestrate them.

On successful completion of this Unit Standard the learner will be able to:
  • Explain the existence of natural persons as legal subjects from conception until death.
  • Analyse the factors that have an effect on the rights and obligations of natural persons.
  • Explain the existence of legal personae as subjects in law.
  • Analyse legal entities which are not legal subjects but contain characteristics of legal personae. 

  • 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
  • The Unit Standard "Demonstrate an understanding of the sources of the South African law" at NQF Level 6. 

  • UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Explain the existence of natural persons as legal subjects from conception until death. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    An explanation is given of when in terms of South African law a person obtains rights and obligations. 

    ASSESSMENT CRITERION 2 
    An explanation is given of when in terms of South African law a person ceases to exist. 

    ASSESSMENT CRITERION 3 
    An explanation is given in terms of statutory provisions of the institution or continuance of legal action against or by deceased estates. 

    SPECIFIC OUTCOME 2 
    Analyse the factors that have an effect on the legal capacity of natural persons. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    An explanation is given of the role of the age of a natural person in terms of its effect on legal capacity. 

    ASSESSMENT CRITERION 2 
    An explanation is given of limitations caused by mental illness in terms of its effect on legal capacity. 

    ASSESSMENT CRITERION 3 
    Circumstances are analysed under which a person can be placed under curatorship. 

    ASSESSMENT CRITERION 4 
    An explanation is given of the effect of the appointment of a curator in relation to the issue, service and execution of the legal process. 

    SPECIFIC OUTCOME 3 
    Explain the existence of legal personae as subjects in law. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The different forms of legal personae are distinguished from each other in terms of how they come into existence. 

    ASSESSMENT CRITERION 2 
    An explanation is given of the representation and actions of legal personae in terms of how they are separated from members/shareholders. 

    ASSESSMENT CRITERION 3 
    An explanation is given of the citation of legal personae taking part in commercial activity in order to select the method of service and execution. 

    ASSESSMENT CRITERION 4 
    An explanation is given of the liquidation and deregistration of legal personae in order to determine their effects on the legal process. 

    SPECIFIC OUTCOME 4 
    Analyse legal entities which are not legal subjects but contain characteristics of legal personae. 
    OUTCOME RANGE 
    Legal entities which are not legal subjects may include but are not limited to partnerships, trusts and sole proprietorships. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    An explanation is given of the characteristics that partnerships, trusts and sole proprietorships share with legal personae in terms of law. 

    ASSESSMENT CRITERION 2 
    Citation of partnerships, trusts and sole proprietorships taking part in commercial activity are analysed in order to select the method of service and execution. 

    ASSESSMENT CRITERION 3 
    An explanation is given of the sequestration and dissolvement of partnerships, trusts and sole proprietorships in order to determine its effects on the legal process. 


    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.
  • Anyone assessing a learner against this unit standard must be registered as an assessor 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.
  • Moderation of assessment will be conducted by the relevant ETQA at its discretion. 

  • UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • A person's rights and obligations in terms of South African law.
  • How partnerships, trusts and sole proprietorships are formed and run.
  • Sequestration processes. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identifying and solving problems in which responses display that responsible decisions using critical and creative thinking have been made when:
  • Analysis takes place of legal entities which are not legal subjects but contain characteristics of legal personae. 

  • UNIT STANDARD CCFO COLLECTING 
    Collecting, analysing, organising and critically evaluating information to better understand and explain:
  • Explaining the existence of natural persons as legal subjects from conception until death.
  • Analysing the factors that have an effect on the rights and obligations of natural persons.
  • Explaining the existence of legal personae as subjects in law. 

  • 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:
  • Explaining the existence of natural persons as legal subjects from conception until death. 

  • 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.