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: |
Appoint a Tutor, Curator or Administrator to a person incapable or prohibited from managing his or her own affairs |
SAQA US ID | UNIT STANDARD TITLE | |||
365182 | Appoint a Tutor, Curator or Administrator to a person incapable or prohibited from managing his or her own affairs | |||
ORIGINATOR | ||||
Task Team - Justice Legal 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 | NQF Level 06 | 10 |
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 | |||
2026-06-30 | 2029-06-30 |
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 is aimed at Assistant Masters and Examiners attached to the Office of the Master of the High Court and who appoint tutors, curators boni and administrators.
Learners credited with this unit standard will be able to: |
LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING |
It is assumed that the learner has the following knowledge and skills:
|
UNIT STANDARD RANGE |
N/A |
Specific Outcomes and Assessment Criteria: |
SPECIFIC OUTCOME 1 |
Explain the role of the Master in authorising the administration of an estate of persons incapable of managing their own affairs. |
ASSESSMENT CRITERIA |
ASSESSMENT CRITERION 1 |
The need for regulation in the administration process of an estate of a person incapable of managing his/her own affairs is explained. |
ASSESSMENT CRITERION 2 |
The tools available to the Master in regulating the administration process of an estate of a person incapable of managing their own affairs are explained. |
ASSESSMENT CRITERION 3 |
The need for legal authority by the administrator of an estate of a person incapable of managing their own affairs is explained. |
SPECIFIC OUTCOME 2 |
Appoint a curator bonus or tutor in terms of common law. |
ASSESSMENT CRITERIA |
ASSESSMENT CRITERION 1 |
The Master's report to the court on receipt of the application is prepared according to legal requirements. |
ASSESSMENT CRITERION 2 |
The jurisdiction of the Master to deal with a matter is determined. |
ASSESSMENT CRITERION 3 |
The requirements set for making the appointment is identified and collected. |
ASSESSMENT CRITERION 4 |
Security for the appointment of the curator is assessed and called for, if necessary. |
ASSESSMENT CRITERION 5 |
The Letters of Appointment and covering letter are prepared according to legal requirements. |
ASSESSMENT CRITERION 6 |
Steps are taken to ensure that the duties of the curator upon receipt of the Letter of Appointment will be followed up. |
ASSESSMENT CRITERION RANGE |
The immediate duties of the curator include lodging an inventory with the master and advertising his or her appointment. |
SPECIFIC OUTCOME 3 |
Appoint a curator personae in terms of the common law. |
ASSESSMENT CRITERIA |
ASSESSMENT CRITERION 1 |
The master's report to the court on receipt of the application is prepared. |
ASSESSMENT CRITERION 2 |
The jurisdiction of the Master to deal with a matter is determined. |
ASSESSMENT CRITERION 3 |
The requirements set for making the appointment is identified and collected. |
ASSESSMENT CRITERION 4 |
The letters of appointment and covering letter are prepared according to requirements. |
SPECIFIC OUTCOME 4 |
Appoint an administrator in terms of the Mental Health Care Act. |
ASSESSMENT CRITERIA |
ASSESSMENT CRITERION 1 |
The jurisdiction of the master to deal with a matter is determined. |
ASSESSMENT CRITERION 2 |
The application is checked for compliance with the requirements set by the Mental Health Care Act. |
ASSESSMENT CRITERION 3 |
The application is assessed for the need to carry out an investigation and the correct procedure to give effect to the decision is followed. |
ASSESSMENT CRITERION 4 |
An interim administrator is appointed if the decision to conduct an investigation was made. |
ASSESSMENT CRITERION 5 |
The matter is referred to a judge in chambers if necessary. |
ASSESSMENT CRITERION 6 |
The decision regarding the appointment of an administrator is made and the correct procedure to give effect to the decision followed. |
ASSESSMENT CRITERION 7 |
A decision regarding the need of the administrator to furnish security is made and, if necessary, steps are taken to give effect to the decision. |
SPECIFIC OUTCOME 5 |
Appoint a co-administrator in terms of the Mental Health Care Act. |
ASSESSMENT CRITERIA |
ASSESSMENT CRITERION 1 |
The need to appoint a co-administrator is identified. |
ASSESSMENT CRITERION 2 |
If necessary, the co-administrator is appointed. |
ASSESSMENT CRITERION 3 |
A decision regarding the need of the co-administrator to furnish security is made and, if necessary, steps are taken to give effect to the decision. |
SPECIFIC OUTCOME 6 |
Appoint a curator in terms of the Prevention of Organised Crime Act 121 of 1998, as amended. |
ASSESSMENT CRITERIA |
ASSESSMENT CRITERION 1 |
The jurisdiction of the master to deal with a matter is determined. |
ASSESSMENT CRITERION 2 |
The application for the appointment of the curator bonus is assessed to determine if the requirements set for making an appointment are met. |
ASSESSMENT CRITERION 3 |
A decision regarding the nature and amount of security is made and is conveyed to the nominated curator bonus. |
ASSESSMENT CRITERION 4 |
A letter of appointment is prepared and sent to the curator bonus. |
ASSESSMENT CRITERION 5 |
Steps are taken to follow up on the curator bonus' duty to furnish the Master with the interim report. |
SPECIFIC OUTCOME 7 |
Appoint a curator to the estate of an absent person. |
ASSESSMENT CRITERIA |
ASSESSMENT CRITERION 1 |
The jurisdiction of the Master to deal with a matter is determined. |
ASSESSMENT CRITERION 2 |
The steps taken to determine the whereabouts of the absent person is assessed to determine whether the search was rigorous enough. |
ASSESSMENT CRITERION 3 |
A decision on the necessity for the appointment is made in an open, accountable and transparent manner. |
ASSESSMENT CRITERION 4 |
The application for the appointment of the curator bonus is assessed to determine if the requirements set for making an appointment are met. |
ASSESSMENT CRITERION 5 |
A decision regarding the nature and amount of security is made and conveyed to the nominated curator bonus. |
ASSESSMENT CRITERION 6 |
A letter of appointment is prepared and sent to the curator bonus. |
ASSESSMENT CRITERION 7 |
Steps are taken to follow up on the curator bonus' duty to furnish the Master with an account. |
SPECIFIC OUTCOME 8 |
Appoint a testamentary tutor or curator. |
ASSESSMENT CRITERIA |
ASSESSMENT CRITERION 1 |
The type of appointment required is identified. |
ASSESSMENT CRITERION 2 |
The powers assigned to the tutor or curator are identified and included in the letter of appointment. |
ASSESSMENT CRITERION 3 |
The correct procedure for appointing the tutor or curator is followed. |
UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS |
UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE |
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:
|
UNIT STANDARD CCFO WORKING |
Working effectively with others as a member of a team, group, organisation, and community during:
|
UNIT STANDARD CCFO ORGANISING |
Organising and managing oneself and one's activities responsibly and effectively when:
|
UNIT STANDARD CCFO COMMUNICATING |
Communicating effectively using visual, mathematical and/or language skills in the modes of oral and/or written persuasion when:
|
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 | |
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 |
Elective | 97228 | National Certificate: Paralegal Practice | Level 5 | NQF Level 05 | Passed the End Date - Status was "Reregistered" |
2023-06-30 | As per Learning Programmes recorded against this Qual |
Elective | 49598 | National Diploma: Paralegal Practice | Level 5 | NQF Level 05 | 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. |