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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 QUALIFICATION THAT HAS PASSED THE END DATE:

Postgraduate Diploma: Attorneys' Practice

SAQA QUAL ID	QUALIFICATION TITLE
17210	Postgraduate Diploma: Attorneys' Practice
ORIGINATOR
LAW SOCIETY OF SOUTH AFRICA
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY			NQF SUB-FRAMEWORK
SAS SETA - Safety and Security SETA			HEQSF - Higher Education Qualifications Sub-framework
QUALIFICATION TYPE	FIELD		SUBFIELD
Postgraduate Diploma	Field 08 - Law, Military Science and Security		Justice in Society
ABET BAND	MINIMUM CREDITS	PRE-2009 NQF LEVEL	NQF LEVEL	QUAL CLASS
Undefined	300	Level 7	NQF Level 08	Regular-Provider-ELOAC
REGISTRATION STATUS		SAQA DECISION NUMBER	REGISTRATION START DATE	REGISTRATION END DATE
Passed the End Date - Status was "Reregistered"		EXCO 0415/23	2021-07-01	2023-04-18
LAST DATE FOR ENROLMENT		LAST DATE FOR ACHIEVEMENT
2024-04-18		2028-04-18

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 qualification does not replace any other qualification and is not replaced by any other qualification.

PURPOSE AND RATIONALE OF THE QUALIFICATION

The primary purpose of the qualification is to produce attorneys with practical legal knowledge, specific skills and applied competence to be admitted as attorneys by the High Court of South Africa A second purpose of the qualification is to provide South Africa with significant numbers of admitted attorneys who are responsible members of the legal society, officers of the court and practitioners who serve their clients and contribute to the economic activity of the country A third purpose of the qualification is to provide the South African and the global community with lawyers who are empowered to accept their responsibility towards the realisation of a just society based on constitutional democracy within a world legal order

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING

Learners must be in possession of a recognised law degree: B Proc, LLB or any other qualification recognised as an equivalent of such a law degree

RECOGNISE PREVIOUS LEARNING?

N

EXIT LEVEL OUTCOMES

A). Critical cross-field outcomes: 1. Candidates can identify and solve legal problems by making responsible decisions on the basis of critical and creative thinking within a given legal context 2. Candidates can work effectively with others as members of teams, groups, organisations or communities to meet the needs of their clients in a constitutional democracy 3. Candidates can manage and organise their activities and lives responsibly and effectively 4. Candidates can collect, analyse, organise and critically evaluate information, as required in the practice of law 5. Candidates can communicate effectively using language skills in the modes of oral and/or written persuasion 6. Candidates can use technology effectively and critically, showing responsibly towards the environment 7. Candidates can demonstrate understanding of the world as a set of related systems by recognising that problem solving contexts do not exist in isolation B). Developmental Outcomes: In order to contribute to the full personal development of each learner and the social and economic development of the society at large, it must be the underlying intention of any programme of learning to make an individual aware of the importance of the following developmental outcomes: 1. Candidates can reflect on and explore a variety of strategies to learn more effectively 2. Candidates can participate as responsible citizens in the life of local, national and global communities 3. Candidates can be culturally and aesthetically sensitive across a range of social contexts 4. Candidates can explore education and career opportunities 5. Candidates can develop entrepreneurial opportunities C). Specific outcomes: The candidate is preparing to be admitted to the attorney's profession and is therefore required to acquire specific knowledge, skills and values essential for practicing as an attorney. The specific outcomes show how knowledge, skills and values are integrated in the qualification that falls within the SAQA field of Law, Military Science and Security 1. Candidates can communicate effectively with clients, colleagues and officials, orally and in writing 2. Candidates can negotiate and manage legal transactions 3. Candidates can apply the practical aspects of advocacy, such as arguing elementary cases before courts and tribunals and effectively present written arguments 4. Candidates can apply the rules and procedures of professional conduct, practice management and administration 5. Candidates can draft a range of legal documents that typically occur in an attorney's practice 6. Candidates can apply accounting skills in administering an attorney's books of accounting and the affairs of clients 7. Candidates can apply relevant South African law with due consideration to the values of the Constitution 8. Candidates can execute legal administrative and alternative dispute resolution procedures

ASSOCIATED ASSESSMENT CRITERIA

A). 1. Identify legal issues in fact complexes presented by clients Analyse the nature and determine the area of law within which a legal issue falls within the framework of South African law Gather all relevant legal sources for the solution of an identified legal problem Consider and critically evaluate all possible solutions to a specific legal problem with due regard to the responsible use of legal authorities and the interests of the client Seek, in a creative yet responsible manner, an appropriate solution to the problem of a particular client with due regard to the implications and consequences of that solution for that client and advise the client accordingly Explain different available courses of action and the implications and consequences of each of these for the client Assist the client in making a responsible decision regarding the course of action to be taken Produce authoritative substantiated legal argument in support of a solution to a given legal problem 2. - Work effectively with colleagues in an attorney's firm - Listen to and consider different points of view without pre-conceived bias - Show and promote tolerance of diversity in their local community, South Africa and globally - Apply acquired skills to reach consensus within the parameters of cultural and social diversity Assume leadership roles in society with regard to legal issues 3. Run and manage an attorney's practice responsibly and effectively Manage the affairs of clients responsibly and effectively Put in place the necessary procedures and mechanisms to ensure that all requirements for the running of an attorney's practice are fully and effectively complied with Explain the meaning and implications of the content of legal documents to clients Present and argue cases in court in an effective and responsible manner with due regard to the legal procedures and conventions obtaining in courts of law 4. Conduct research into legal problems Find all sources relevant to a given legal problem Analyse and critically evaluate all relevant source material to select specifically applicable material for a particular legal issue Organise relevant applicable material to present authoritative legal argument in support of a solution to a given problem 5. Analyse a fact complex, as presented by a client, and explain the legal issue involved to the client in a comprehensible manner Prepare legal documents in accordance with the language conventions pertaining to law 6. Effectively use appropriate technology to find legal sources and materials, e.g. the internet, and to communicate effectively with clients Recognise the ethics and legal issues involved in the use of technology and use technology responsibly Deal effectively with legal issues pertaining to the use of e.g. the internet Stay abreast of legal developments in regard to technology 7. - Have understanding of the interaction between law and society in the multicultural South African community and seek appropriate solutions to legal issues - Apply legal principles to solve legal issues within a constitutional democracy - Make comparative reference to solutions in comparable legal systems, where necessary, for the solution of legal issues - Display an appreciation of cultural and religious diversity in different legal orders - Appreciate the position of the South African legal system within Africa and the world Understand and apply international law, including regional and international conventions B). 1. Relate and apply acquired theoretical knowledge to practical legal issues in real-life scenarios Accept guidance from senior members of the profession and benefit from their expertise Decide on their own method of recording practical experience for future reference Use appropriate methods and technology to stay abreast of legal developments Take responsibility for the acquisition and application of specific lawyering skills during practical training 2. Contribute to the realisation of a just and democratic society based on the sound interpretation of constitutional values Assume leadership and lead responsibly in matters relating to law in their community Strictly adhere to the ethics of the legal profession Actively participate in and respond in a responsible manner to legal issues at a local, as well as a global level 3. Engage constructively with cultural and religious diversity and interpret such diversity within the constitutional framework Seek appropriate solutions to solve internal conflicts occasioned by the diversity of personal and religious legal systems Apply appropriate legal principles to solve legal issues pertaining to creations of the human mind as well as aspects of the human personality 4. Use their acquired knowledge base, skills and attitudes to become an attorney Identify the skills necessary to run an attorney's office Deal effectively with typical problem which arise in an attorney's firm by using acquired skills of critical and analytical thinking, as well as communication skills Contribute to the training of other candidate attorneys 5. - Identify and address the need for legal services within their communities Identify the need for basic legal education within society and train people to do it C). 1. Effectively conduct oral consultations with clients Establish a relationship of trust with their client through effective communication Extract all relevant information from clients and provide informed and appropriate feedback Explain the legal position to a client, orally or in writing, and advise the client as to the appropriate legal action to be taken, as well as the implications and consequences of such action Deal responsibly and effectively with clients' queries Engage in legal debate with colleagues and convey legal opinions effectively and coherently Analyse and critically evaluate different points of view and respond in an appropriate and responsible manner to further purposeful legal argument Present substantiated legal argument to court, orally or in writing, which is clear, concise and to the point Conduct a case in a professional manner in accordance with courtroom conventions and procedures 2. Use their acquired knowledge base and skills to interpret legal situations within a given context and respond in a responsible manner on behalf of their clients Analyse and critically evaluate different possible courses of action to assist their clients in taking informed decisions Keep their clients informed of the progress of legal transactions by reporting and accounting to them on a regular basis Represent their clients in legal transactions with integrity Manage legal transactions effectively to conclusion, including administration of files Adhere to the strict code of legal ethics in all legal transactions Interact with others on behalf of clients in reaching appropriate settlements and agreements 3. Apply their acquired knowledge of and skills in negotiation in practice Prepare for and conduct trials in the High Court and Magistrate's Court and other tribunals Use sources of law to research legal problems Gather and prepare evidence for trials Apply their acquired knowledge of rules, acts and procedures pertaining to the High Court and the Magistrate's Court 4. Conduct themselves in a professional manner in accordance with the rules and procedures relating to the attorneys' profession Administer and manage their affairs ethically and responsibly 5. Draft legal documents, such as contracts, wills, etc, which comply with all relevant legal requirements Understand and interpret the needs and requests of clients and record these in proper legal documents Act responsibly within the mandate given by the client Advise clients of the legal implications attached to specific legal documents 6. Apply their accounting and administration skills effectively and ethically in all relevant aspects of practice Keep proper records of all transactions and actions taken on behalf of clients Accept full responsibility and accountability for the management of their practice 7. Interpret and apply the constitutional values of equality, freedom, etc, within the context of a constitutional democracy Advance the creation of a just and democratic society within the South African legal framework Analyse and critically evaluate existing South African law in the light of the Constitution and seek harmonising solutions to conflicts of interpretation Make reference to comparable foreign legal systems in order to interpret and apply constitutional principles Appreciate and promote cultural and religious diversity within the context of the Constitution Interpret and apply legislation relevant to a particular matter 8. Use and apply acquired knowledge and skills to administer legal matters Recognise and explore the possibility and suitability of alternative dispute resolution procedures in appropriate circumstances Effectively apply the principles relating to alternative dispute resolution procedures Integrated assessment: Formative assessment: Learning and assessment are integrated. The scheme of work includes assignments based on the learning material and students are given feedback. The process is continuous and focuses on smaller sections of the work and limited numbers of outcomes. Candidates are continuously evaluated during in-practice training by principals and other members of the legal profession Summative assessment: An official admission examination assesses the totality of outcomes in an integrated manner; the learner's ability to manage and integrate a large body of knowledge to achieve the stated outcomes is assessed. This includes the assessment of research skills, as well as critical and analytical thinking and the ability to reach substantiate solutions in practical situations Upon completion of practical training, the principal of a candidate must certify that such a candidate has been exposed to all relevant aspects of attorneys' practice and has performed satisfactorily. The High Court admits candidates to the attorneys' profession upon application to the Court on condition that they have complied with all statutory requirements for such admission

ARTICULATION OPTIONS

The Practical Legal Training component of the Admission to Attorneys' Practice articulates with law degrees from all South African universities and may provide entrance to postgraduate law studies Admission as an attorney is a condition for admission as a conveyancer and a notary

MODERATION OPTIONS

All training and forms of assessment are done by qualified members of the legal profession. The Law Society of South Africa oversees all training and assessment. In terms of section 14 of the Attorneys Act 53 of 1979, as amended, the judge president of a provincial division may, after consultation with the president of the law society concerned, appoint an examination panel for arranging, controlling and conducting the attorneys' admission examination

CRITERIA FOR THE REGISTRATION OF ASSESSORS

Assessors are appointed in terms of the Attorneys Act of 1979, as amended, and must be admitted attorneys with appropriate experience

REREGISTRATION HISTORY

As per the SAQA Board decision/s at that time, this qualification was Reregistered in 2006; 2009; 2012; 2015.

NOTES

N/A

LEARNING PROGRAMMES RECORDED AGAINST THIS QUALIFICATION:

NONE

PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS QUALIFICATION:

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

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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.