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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: Criminal and Procedural Law 
SAQA QUAL ID QUALIFICATION TITLE
90557  Postgraduate Diploma: Criminal and Procedural 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 purpose of the qualification is for learners to acquire advanced knowledge, specific skills and applied competence in a number of legal fields relating to Criminal and Procedural Law, for continued personal intellectual growth, gainful economic activity, and valuable contributions to society.

The Postgraduate Diploma: Criminal and Procedural Law is offered to provide comprehensive criminal and procedural legal training courses to empower learners by strengthening their knowledge in Criminal Law and Criminal Procedure. It will further enable working professionals to undertake advanced development by means of a systematic survey of current thinking, practice and research methods in criminal and procedural law.

This qualification demands a high level of theoretical engagement and intellectual independence. It is focused on the acquisition of practical knowledge and will accommodate learners who are not able to, nor wish to, complete the research component of a Master of Laws (LLM) Degree.

Because crime is both a national and international issue, academic institutions must be creative and active in nourishing social, political and economic transformation, by creating new qualifications to build knowledge and infrastructure in order to maintain the highest possible standards in the education of practitioners with regard to the legal aspects of Criminal Law and Criminal Procedure. The Postgraduate Diploma allows learners who have completed a Bachelor of Laws (LLB), Bachelor of Arts (Law) Bachelor of Commerce (Law), Bachelor of Arts (Police Science) and Bachelor of Arts (Forensic Investigation) Degree to obtain a Postgraduate qualification in Criminal Law and Criminal Procedure.

Rationale:
During the years that the LLM Degree has been in existence, a need has arisen for a different type of qualification dealing with similar topics covered in the LLM Degree. A Postgraduate Diploma is the ideal choice: not only will such a qualification be open to learners with Bachelor Degrees from other disciplines, but it will also enable learners to acquire the relevant expertise and knowledge without having to comply with the requirement of submitting a dissertation (as is the case in the LLM Degree). This qualification aims to generate a high turnover of graduates, thereby contributing to the necessary critical mass of trained professionals.

Furthermore, it is an appropriate entry point for non-legal professionals wishing to pursue legal training and also those who are more inclined towards careers in legal practice. The Postgraduate Diploma will facilitate admission to learners with diverse undergraduate training backgrounds, thereby widening the profile of beneficiaries to include those from non-legal fields.

The qualification will provide South Africa and the global community with Postgraduate learners skilled in criminal and procedural law, to ensure that the leadership base of innovative and knowledge-based economic and scholarly activity is widened. The qualifying learner will therefore to be able to provide leadership and work in a variety of contexts related to criminal and procedural law.

This qualification meets the growing need of society for lawyers with specialised, applied training and enables the learner to meet the increasing range of problems presented by the demands of dealing with all aspects of crime and dispute resolution locally and globally.

Qualifying learners will be equipped to apply their skills and knowledge in their respective professions, which include prosecutors, legal advisors, mediators, arbitrators, conciliators, attorneys, advocates and paralegals. 

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
It is assumed that the learners have:
  • Well-developed information retrieval skills and presentation skills to follow prescribed formats, using IT skills.
  • An ability to present and communicate information and their 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, address and take responsibility for own learning needs.
  • An ability to interact effectively in a learning group.

    Recognition of Prior Learning (RPL):
    The learners who do not meet the minimum requirements for the qualification may gain access 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 Qualification:
  • The standard minimum admission requirement is a LLB, BA (Law), BCom (Law), BA (Police Science) or BA (Forensic Investigation) Degree.
  • Non-standard admission may be obtained through Recognition of Prior Learning. 
    		•

    RECOGNISE PREVIOUS LEARNING? 
    Y 

    QUALIFICATION RULES 
    The qualification comprises five compulsory modules, totalling 120 credits, at NQF Level 8.

    Modules:
  • Criminal Law, 24 Credits.
  • Sentencing, 24 Credits.
  • Criminal and Procedural Law, 24 Credits.
  • Criminal Dispute Resolution, 24 Credits.
  • The Law concerning Hearsay Evidence, The Constitutional Exclusionary Rule and the Admissibility of Computer-generated Evidence, 24 Credits. 
    		•

    EXIT LEVEL OUTCOMES 
    1. Identify and understand divergent problems encountered in Criminal Law and Criminal Procedure in everyday life.
    2. Think critically and analytically within a contextual framework related to Criminal Law and Criminal Procedure.
    3. Solve complex legal problems pertaining to Criminal Law and Criminal Procedure.
    4. Engage with scholarly/professional legal text pertaining to Criminal Law and Criminal Procedure.
    5. Contribute to the realisation of a just society based on a legal democracy.

    Critical Cross-Field Outcomes:
    All Critical Cross-Field Outcomes will be embedded appropriately in the modules which constitute the qualification. They will be assessed within the context of the qualification. On achieving this qualification a learner will have the ability to:
  • Identify, analyse and address legal problems related to Criminal Law and Criminal Procedure 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 the law and legal system to meet the needs of society.
  • Communicate effectively using academic language.
  • Manage and organise own activities.
  • Use science and 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. 
    		•

    ASSOCIATED ASSESSMENT CRITERIA 
    Associated Assessment Criteria for Exit Level Outcome 1:
  • Legal issues pertaining to Criminal Law and Criminal Procedure are identified, analysed and dealt with in real or simulated fact scenarios.
  • Daily real-world events and issues related to Criminal Law and Criminal Procedure are interpreted and analysed within a legal framework.
  • Theory is applied to practice (and vice versa) in the context of Criminal Law and Criminal Procedure by means of relevant case and literature studies.
  • The ability to interpret the law in a regional and global context to deal with modern-day challenges and problems is demonstrated.

    Associated Assessment Criteria for Exit Level Outcome 2:
  • Legal problems pertaining to Criminal Law and Criminal Procedure are interpreted, analysed and explained within different contexts.
  • Unbiased and balanced perspectives on legal problems pertaining to Criminal Law and Criminal Procedure are provided.
  • A comprehensive and systematic knowledge base in Criminal and Procedural law is demonstrated and a depth of knowledge in specialised areas of Criminal Law and Criminal Procedure is attained.
  • Different points of view related to Criminal Law and Criminal Procedure are considered and critically evaluated in terms of the learners' acquired knowledge base and skills.

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

    Associated Assessment Criteria for Exit Level Outcome 4:
  • Legal text pertaining to Criminal Law and Criminal Procedure is read, understood and interpreted within a contextual framework.
  • Views expressed in text are reflected upon and critically evaluated and debated.
  • Legal text is used to support arguments and solutions related to Criminal Law and Criminal Procedure.

    Associated Assessment Criteria for Exit Level Outcome 5:
  • Acquired skills and knowledge are used to advance legal awareness within the communities.
  • Complex Criminal Law and Criminal Procedure problems in society are reflected on and solutions are sought.
  • The underlying constitutional values are interpreted and applied to diverse problems in society related to Criminal Law and Criminal Procedure.
  • An awareness and tolerance of diversity is shown and solutions are sought.
  • Conflicting interests related to Criminal Law and Criminal Procedure within a community are dealt with, locally, regionally and globally.
  • Conflicting interests arising from relationships (for example state/state, state/individual, individual/individual) related to Criminal Law and Criminal Procedure are discussed.

    Integrated Assessment:
    The learners' 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 College of the 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 offered part-time to learners who seek an alternative route to further qualifications other than the LLM. 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 Unisa 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 various 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 Intellectual Property Rights Law, for example, consists of:
  • Introduction to Law and Legal Systems.
  • Law of Patents.
  • Law of Copyrights and Designs.
  • Law of Trademarks and Geographical Indications.
  • Dissertation.
    All six qualifications offered by The National Law School of India University are of one academic year in duration and are presented as distance education qualifications.

    Conclusion:
    This qualification compares well with similar qualifications offered abroad and is presented in the form of distance education thus aligning it with the NQF objectives of providing access, mobility and progression for learners. 
    		•

    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: Labour Law.
  • Postgraduate Diploma: Law.

    Vertically the qualification articulates with any cognate Master's Degree at NQF Level 9. 
    		•

    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. For assessment at Postgraduate level, the lecturer will be required to have at least an LLM. 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.