Diploma in Local Government Law and Administration

Purpose

At the individual level, the qualification is designed to enable qualifying learners to obtain a recognised academic qualification whilst enhancing their capacity to fulfil their duties and responsibilities in Local Government.

The qualification comprises various modules in law, public administration and development studies. It is informed by the need to create an effective and efficient Public Administration and to improve the education levels of officials in Local Government.

Rationale

The South African Government is presently experiencing enormous challenges in the administrative capacity of its personnel at all levels. It is therefore necessary that local government officials be equipped with in-depth knowledge of the pertinent legal and policy frameworks as well as the administrative process requirements in order to improve service delivery, development and poverty alleviation.

The Diploma: Local Government Law and Administration comprises learning within the fields of law and public administration. It incorporates the socio-economic and political history that has given rise to the complexities and difficulties that are encountered by public officials in carrying out their duties.

The qualification will assist current and prospective officials in local government by developing a full understanding of their roles, powers, functions, objectives and duties in rural and urban development and in the provision of services.

Learners are assumed to be

• Competent in communication at NQF Level 4.
• Familiar with local government systems, organisational structures, regulatory regimes and other features of local public administration.
• Competent in information-gathering, analysis and presentation skills.
• Able take responsibility for their own learning.

Recognition of Prior Learning

Recognition of Prior Learning may be used to grant

• Admission to those learners who do not meet the minimum admission requirements.
• Credits towards the qualification.

Recognition of Prior Learning is subject to the institutional policy.

Access to the Qualification

Admission is open to learners employed in Local Government as elected representatives or municipal learners who hold a

• National Senior Certificate.

OR

• A Higher Certificate or Advanced Certificate in a cognate field.

Learners who do not meet the admission requirements can apply for admission through the Recognition of Prior Learning.

All 23 Modules, totalling 360 credits, are compulsory.

The following six Modules are at NQF Level 5, at 16 Credits each, totalling 96 credits

• Introduction to Law.
• Professional Communication.
• Introduction to Public Administration.
• Local Government and Administration.
• Introduction to Concept of Development.
• Overview of African Political Economy.

The following 13 Modules are at NQF Level 6, totalling 200 credits

• Administrative Law, 16 Credits.
• Constitutional Law, 16 Credits.
• Juridical Interpretation, 12 Credits.
• Criminal Law, 16 Credits.
• Law of Contract (general principles), 16 Credits.
• Law of Contract (specific Contract), 12 Credits.
• Bill of Rights, 16 Credits.
• Human Resources Management and Local Government Administration, 16 credits.
• Organisational Theories and Public Financial Management, 16 Credits.
• African Customary Law A, 16 Credits.
• African Customary Law B, 16 Credits.
• Historical Overview of International Economy, 16 Credits.
• Development of Urban, Human, Environmental and Technological Systems, 16 Credits.

The following four Modules are at NQF Level 7, at 16 Credits each, totalling 64 Credits.

• Labour Law (Individual and Collective).
• Local Government Law.
• Public Policy Making and Municipal Financial Management.
• Public Management and Administration.

Upon completion of the qualification the learners should be able to

1. Identify and apply the principles and values of administrative justice in solving problems and discharging mandates.
2. Apply principles of public administration to practices within the local government context.
3. Demonstrate an understanding of regional and global development agendas and incorporate lessons learned into local government practices.

Critical Cross-Field Outcomes

All the Critical Cross-Field Outcomes are addressed in this qualification.

Associated Assessment Criteria for Exit Level Outcome 1

• Explain the nature and development of South African (SA) law.
• Explain the nature and place of criminal law within the SA legal system.
• Explain African customary law in SA and its impact on local government law and its administration.
• Provide an overview of SA administrative law in a local government context.
• Identify and apply different rules and obligations applicable to specific contracts.
• Interpret statutes and other legal documents, which impact on local government.
• Establish the legal nature of contracts.
• Explain the basic structure of the Constitution.
• Manage matters related to labour law and industrial disputes.
• Implement strategies to influence the development of policy, legislation and structures that promote human rights and democracy.
• Communicate professionally in a local government context (oral and written).

Associated Assessment Criteria for Exit Level Outcome 2

• Explain how public administration works and apply this to local government practices.
• Explain the functioning of local government as a conduit for development.
• Co-ordinate human resources management processes and practices at operational level.
• Solve functional public and administration challenges.
• Understand and apply ethical principles and an applicable Code of Conduct.

Associated Assessment Criteria for Exit Level Outcome 3

• Execute processes of public administration.
• Identify, analyse and solve challenges facing local government.
• Explain the social and human aspects of development as they apply to local government.
• Explain the historical overview of the international economy and issues underlying the political economy of development.
• Explain issues relating to urban development.

> Range: Issues include environmental, urban, human and technological systems.

Integrated Assessment

The acquired competency and skills will be evaluated at the hand of formative assessment methods like assignments, case studies, group discussions, and tests.

Diagnostic assessment will be applied to pin-point general misinterpretations and mistakes through the application of feed-back on tests, suggested solutions to applied problems and case studies, as well as personal guidance.

Summative assessment, such as examinations, will be done reflecting on the overall achievement of learners and personal consultations.

Evaluative assessment of learner achievements will be conducted on a continuous basis as part of promoting improvement and for the purpose of curriculum development.