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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Demonstrate an understanding of the sources of South African law 
SAQA US ID UNIT STANDARD TITLE
256956  Demonstrate an understanding of the sources of South African law 
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 person credited with this unit standard is able to identify and recognise the sources of law, explain each source of law and the minor influence of common law.

Further learners will also be able to explain the development of customs as an important source of law in South Africa and explain the role of specialist courts in the sheriff's environment.

On successful completion of this Unit Standard the learner will be able to:
  • Explain the sources of South African law.
  • Analyse the development South African law sources. 

  • 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 
    Explain the sources of South African law. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The sources of South African law are identified. 
    ASSESSMENT CRITERION RANGE 
    Sources of South African law include but are not limited to customs, legislation (including subordinate legislation), precedents and common law.
     

    ASSESSMENT CRITERION 2 
    A description is given of the requirements for the recognition of customs as a source of law in order to illustrate their application in modern South African law. 

    ASSESSMENT CRITERION 3 
    An explanation is given of legislation as a source of law in terms of the different legislative authorities. 

    ASSESSMENT CRITERION 4 
    An explanation is given of precedents as a source of law in terms of the hierarchy of courts in South Africa. 

    ASSESSMENT CRITERION 5 
    The minor influences of common law are identified in present day South Africa. 

    SPECIFIC OUTCOME 2 
    Analyse the development South African law sources. 
    OUTCOME RANGE 
    Sources refer to all post-constitutional change (1994) laws in South Africa. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    An explanation is given of the development of customs in South Africa in terms of their acknowledgement as an important source in South African law. 

    ASSESSMENT CRITERION 2 
    An explanation is given of the change from a parliamentary system to a constitutional system in terms of a constitutional state and the rule of law. 

    ASSESSMENT CRITERION 3 
    The role of the specialist courts are analysed in respect to their effect as a source of law. 
    ASSESSMENT CRITERION RANGE 
    Specialist courts may include but are not limited to Labour Court, Family Court and Land Claims Court.
     

    ASSESSMENT CRITERION 4 
    The institution of a Constitutional Court is analysed in relation to its place in the hierarchy of South African courts. 


    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 
  • Sources of South African law.
  • The impact of court decisions on South African law.
  • The role of specialist courts.
  • The hierarchy of South African courts. 

  • 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 sources of South African law.
  • The development South African law sources. 

  • 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 sources of South African law.
  • Analysing the development South African law sources. 

  • 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.