[Registered Qual & Unit Std Home page] [Search Qualifications] [Search Unit Standards]
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 QUALIFICATION: 

Postgraduate Diploma: Family Law 
SAQA QUAL ID QUALIFICATION TITLE
90535  Postgraduate Diploma: Family Law 
ORIGINATOR
University of South Africa 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY NQF SUB-FRAMEWORK
CHE - Council on Higher Education  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  120  Not Applicable  NQF Level 08  Regular-Provider-ELOAC 
REGISTRATION STATUS SAQA DECISION NUMBER REGISTRATION START DATE REGISTRATION END DATE
Registered-data under construction  EXCO 0324/24  2024-07-01  2027-06-30 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2028-06-30   2031-06-30  

Registered-data under construction

The qualification content is currently being updated for the qualifications with the status “Registered-data under construction” or showing “DETAILS UNDER CONSTRUCTION” to ensure compliance with SAQA’S Policy and Criteria for the registration of qualifications and part-qualifications on the National Qualifications Framework (NQF) (As amended, 2022). These qualifications are re-registered until 30 June 2027 and can legitimately be offered by the institutions to which they are registered.

 

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.  

PURPOSE AND RATIONALE OF THE QUALIFICATION 
Purpose:
The primary purpose of the qualification is for learners to acquire advanced knowledge, skills and applied competence in a number of areas relating to Family Law for intellectual growth and to add value to the legal system and society.

This qualification aims to provide South Africa and the global community with Postgraduate learners accomplished in Family Law, to ensure continued innovation and an increase in the knowledge-base of the learners. In addition, such Postgraduate learners will be able to understand the constructive role they need to play as intellectual leaders in their society, and will be empowered and equipped with the required knowledge and analytical skills to play a key role in the continued shaping of the legal system in a just society, based on the values of a Constitutional Democracy.

Rationale:
Family Law has become a multi-faceted field within South African Law, in order to accommodate the requirements of the South African Constitution. Family Law issues around same-sex marriages, customary marriages, Muslim marriages, Hindu marriages, Child Law issues and Life partnerships require dynamic solutions from practitioners. Presiding officers, practitioners and other working professionals therefore need to undertake advanced development of their knowledge and skills in the various areas of Family Law.

The multi-faceted nature of Family Law makes it difficult to cover all the competencies required by a practitioner, at undergraduate level. The Postgraduate Diploma: Family Law aims to up-skill the learner relating to Family Law in practice and academically, with emphasis on topics that are particularly relevant to South Africa.

The Postgraduate Diploma is aimed particularly at practitioners who specialise in Family Law, legal advisers in non-governmental organisations that deal with children's and women's rights, mediators and learners in private practice and in the civil service, such as presiding officers in the Regional and Maintenance Courts and Family Advocates. The Postgraduate Diploma creates opportunities for career and NQF Level advancement.

It has become apparent that there is a need for a Postgraduate qualification with specialisation in Family Law which lies at the level of a Postgraduate Diploma rather than a Masters Degree. Learner's numbers in the Masters qualification have been relatively low and the research component has proven to be a major stumbling block for learners. A Postgraduate Diploma will fill the need in the market more adequately than does the current Master's Degree. 

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
It is assumed that the learners have:
  • A well-rounded and systematic knowledge base in the topics covered in Family Law.
  • A coherent and critical understanding of one or more of the key terms, rules, concepts, principles and theories relating to Family Law.
  • An ability to deal with unfamiliar concrete and abstract problems and issues relating to Family Law, using evidence-based solutions and theory-driven arguments.
  • Well-developed information retrieval skills and presentation skills following prescribed formats, using Information Technology skills.
  • An ability to present and communicate information and own ideas and opinions in well-structured arguments, showing an awareness of audience and using the academic/professional discourse.
  • A capacity to operate in variable and unfamiliar learning contexts, requiring responsibility and initiative.
  • A capacity to self-evaluate accurately and identify and address own learning needs.
  • An ability to interact effectively in a learning group.

    Recognition of Prior Learning (RPL):
    The learners that do not meet the minimum requirements for the qualification can gain access through RPL. This qualification may be achieved in part through RPL. Assessors will assess and give credit for the evidence of learning that has already been acquired through formal, informal and non-formal learning.

    Access to the Qualification:
    The minimum admission requirement is a Bachelor of Law, Bachelor of Commerce: Law or Bachelor of Arts: Law Degree. Access may also be achieved through RPL. 
    		•

    RECOGNISE PREVIOUS LEARNING? 
    Y 

    QUALIFICATION RULES 
    The qualification comprises five compulsory modules, totalling 120 Credits, at NQF Level 8:
  • Child Law, 24 Credits.
  • Divorce Law, 24 Credits.
  • Marriage Law, 24 Credits.
  • Comparative Matrimonial Property Law, 24 Credits.
  • Alternative, Customary and Religious Families, 24 Credits. 
    		•

    EXIT LEVEL OUTCOMES 
    The Exit Level Outcomes show how knowledge, skills and values are integrated. On achieving this qualification a learner will be able to:
    1. Identify, analyse and understand the role of Family Law in everyday life.
    2. Think critically, logically, and analytically about Family Law within a contextual framework.
    3. Identify, analyse and solve complex legal problems pertaining to Family Law.
    4. Engage with legal texts pertaining to Family Law.
    5. Contribute to the realisation of a just society based on the values of a Constitutional Democracy.

    Critical Cross-Field Outcomes:
    All Critical Cross-Field Outcomes will be embedded appropriately in the modules which constitute the qualification and will be assessed within the context of the qualification. On achieving this qualification a learner will be able to:
  • Identify, analyse and address legal problems relating to Family Law by using acquired knowledge and applying these skills to the legal aspects in a given context.
  • Work effectively with others as a member of a team, group, organisation or community to contribute to the sound administration of justice, the development of Family Law and the legal system to meet the needs of society.
  • Communicate effectively using academic language.
  • Manage and organise own activities.
  • Use technology effectively.
  • Demonstrate an understanding of the world as a set of related systems by recognising that problem solving contexts do not exist in isolation, and acknowledge their responsibilities to those in the local and broader community. 
    		•

    ASSOCIATED ASSESSMENT CRITERIA 
    Associated Assessment Criteria for Exit Level Outcome 1:
  • Legal issues pertaining to Family Law are identified, analysed and evaluated in real or simulated fact scenarios using evidence-based solutions and theory-driven arguments pertaining to Family Law.
  • Daily occurrences relating to Family Law are interpreted and analysed within a legal framework.
  • Theory is applied to practice (and vice versa) in the context of Family Law by means of relevant case and literature studies.
  • The ability to develop Family Law within a national, regional and global context to cope with contemporary challenges and problems is demonstrated by learners.

    Associated Assessment Criteria for Exit Level Outcome 2:
  • Legal problems pertaining to Family Law are interpreted, analysed and explained within different contexts.
  • Demonstrate a comprehensive and systematic knowledge base in the field of Family Law and a depth of knowledge in some areas of this discipline, such as Child Law, Marriage Law, Divorce Law and Comparative Matrimonial Property Law.
  • Unbiased and balanced perspectives are provided on legal problems pertaining to Family Law.
  • Current research and scholarly and professional literature in Family Law is engaged with.

    Associated Assessment Criteria for Exit Level Outcome 3:
  • Relevant sources and authorities are selected and consulted to solve legal problems pertaining to Family Law.
  • The relevance and applicability of various legal sources and authorities to identified problems pertaining to Family Law are analysed and critically evaluated.
  • Authoritative legal materials relating to identified Family Law problems are selected.
  • Different solutions to a problem pertaining to Family Law are considered and critically evaluated and the consequences of each solution for future legal development are contemplated.
  • Substantiated responses are provided, based on learners' acquired knowledge base and skills pertaining to Family Law.

    Associated Assessment Criteria for Exit Level Outcome 4:
  • Legal texts pertaining to Family Law are read, understood and critically analysed within a contextual framework.
  • Views expressed in texts pertaining to Family Law are reflected on and critically evaluated and debated.
  • Legal text is used to substantiate arguments and support solutions relating to Family Law problems.

    Associated Assessment Criteria for Exit Level Outcome 5:
  • Acquired skills and knowledge are used to advance legal awareness relating to Family Law within the community.
  • Family Law problems in society are reflected on and solutions are sought and considered.
  • The underlying constitutional values to Family Law problems in society are interpreted and applied.
  • An awareness and tolerance of diversity is shown and solutions are sought in respect of Family Law issues.
  • Conflicting interests relating to Family Law within a community (locally, regionally, and globally) are dealt with.
  • An understanding of the conflicting interests arising from relationships relating to Family Law is demonstrated.

    Integrated Assessment:
    The learner's competencies will be assessed using an integrated method of both formative and summative assessment. Assignments, examinations and an oral examination will be used in the assessment of the learners. 
    		•

    INTERNATIONAL COMPARABILITY 
    This qualification compares to other Postgraduate Diplomas in the legal field.

    The Birkbeck University of London offers a Postgraduate Diploma in law which comprises:
  • Children's Rights and Childhood.
  • Crime and Control.
  • Cultures of Human Rights.
  • Hate Crime.
  • Human Rights in Britain.
  • International Rights of Minorities.
  • Social Justice.
  • Refugee Law.
  • Quantitative Methodology.
  • Gender, Sexuality and Criminal Justice.
  • The World Trade Organisation and the Environment.

    This qualification is taught part-time to learners who seek an alternative route to further qualifications other than the Master of Laws. The Diploma was created as a response to professional firms and individuals who seek education and training in specialist fields of law. In general, this qualification and its component modules compare well with its international counterpart. The only major differences are in formatting and scope of coverage or focus.

    The National Law School of India University, Bangalore offers six different Postgraduate Diplomas in varies legal specialisations. A Postgraduate Diploma in Human Rights Law, Medical Law and Ethics, Child Rights Law, Intellectual Property Rights Law, Environmental Law and Consumer Law and Practice. The Postgraduate Diploma in Human Rights Law for example consists of:
  • Human Rights, Rule of Law and Constitutional Governance.
  • International Bill of Rights and Enforcement - Civil and Political Rights.
  • International Bill of Rights and Enforcement - Economic, Social and Cultural Rights.
  • Human Rights, Legal Aid and Access to Justice.
  • Dissertation.

    All six qualifications offered by The National Law School of India University are also a year in duration and are presented as distance education qualifications.

    Conclusion:
    This qualification is presented in the form of distance education and is therefore in line with the NQF objective of providing access, mobility and progression for learners. It is comparable in terms of content and level with the qualifications cited above from the United Kingdom and India. 
    		•

    ARTICULATION OPTIONS 
    This qualification provides learners with both horizontal and vertical articulation possibilities. Horizontally the qualification articulates with the following qualifications at NQF Level 8:
  • Postgraduate Diploma: Law Dispute Resolution.
  • Postgraduate Diploma: Law Criminal Justice.

    Vertically the qualification articulates with all cognate Master of Laws Degrees at NQF Level 9, given that the learner has completed the required modules in the research methodology. 
    		•

    MODERATION OPTIONS 
    Moderation is conducted internally through a system of second examiners. Second examiners act as moderators for examination purposes. These are senior academics. For all Postgraduate Diplomas and Degrees, senior academics from other universities act as external moderators. 

    CRITERIA FOR THE REGISTRATION OF ASSESSORS 
    The institution's academic staff will be used as assessors in a manner that fits into the quality management system of the University and accords with its tuition and assessment policies. This will apply also to the appointment of external assessors. The minimum requirement for appointment as a lecturer or external assessor is a Bachelor of Laws (LLB) Degree and appropriate experience, but for assessment at Postgraduate level the lecturer will be required to have at least a Master of Laws. All assessment done by external assessors is quality controlled by internal academic staff. 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this qualification was Reregistered in 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.
     
    1. University of South Africa 


    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.