Diploma: Law

Purpose

The purpose of this qualification is for students to gain knowledge, skills and experience in general areas of the law and the application and social context of the law so as to enable the student to provide primary legal services to the public and support to legal professionals.

A student acquiring this qualification will have skills, knowledge and experience to

• Apply advanced paralegal knowledge and understanding of law to a specific problem within the South African legal context.
• Conduct and evaluate legal research and make recommendations based on the findings of the research.
• Communicate, in writing or orally with internal and external clients in a paralegal or legal workplace.
• Advise, counsel and represent clients in a variety of settings.
• Draft legal documents in a paralegal context.
• Solve problems in a paralegal context by working in a team and individually.
• Manage administration, including financial administration, and provide organisational support in an office environment.
• Exercise ethical conduct, values and professionalism when dealing with clients.

Rationale

This qualification is meant to prepare qualifying students for practice as paralegal practitioners in all sections of the sector, which include:

• Community-based advice offices.
• Non-governmental organisations.
• Public institutions
• Commercial institutions
• Private practices

Many indigent people continue to be denied access to primary legal services, as a result of, 'inter alia', unjust past policies, legislation and practice. People from historically disadvantaged backgrounds continue to face challenges in gaining access to the legal profession. The response to these historical constraints has been the development of a paralegal sector. The problems in the criminal justice system and social need for access to justice continue to demonstrate the value of a paralegal sector. There is increasing demand for quality primary legal services. Paralegals provide essential support to indigent communities, as well as technical support to legal practitioners in private, commercial, public and non-profit organisations. This diploma addresses a significant demand in the industry for qualified paralegal practitioners (paralegals).

This qualification will establish minimum standards and contribute to quality service provision throughout the sector. By providing a corps of knowledgeable, skilled paralegals, the qualification will increase access to affordable primary legal services. The diploma includes outcomes that expand on and reinforce the student's value system, and will therefore contribute in assisting community members affected by misconduct and unethical behaviour.

The diploma includes legal, administrative and social knowledge and skills. It is aimed at a developing, changing and diverse sector. The diploma intends to equip students with the necessary life skills and has an integrated approach to developing Critical Cross Field Outcomes.

This qualification will provide a career-path for those qualifying students intending to further their studies in all sectors of the paralegal or legal profession.

It is assumed that students enrolling for this qualification will be competent in

• Communication at NQF Level 4.
• Mathematical Literacy at NQF Level 4.
• Computer Literacy at NQF Level 3.
• Learning from predominantly written material.
• Communicating what they have learnt comprehensibly in the medium of instruction.
• Taking responsibility for their own progress with guided support.

Recognition of Prior Learning

All admission through Recognition of Prior Learning must be in accordance with the principles laid down in the Unisa RPL Policy.

This qualification can be achieved in part (50%) through recognition of prior learning. However only 10% of intake to this programme may be through Recognition of Prior Learning.

The Unisa Recognition of Prior Learning office can supply full details of processes and procedures relating to the assessment and accreditation of learning from prior experiences. Evidence can be presented in a variety of forms, including international or previous local qualifications, reports, testimonials mentioning functions performed, work records, portfolios, videos of practice and performance records.

All such evidence should be judged according to the general principles of assessment described in the notes to assessors. Unisa lecturers will act as assessors for Recognition of Prior Learning purposes.

Access to the Qualification

Access is open to learners in possession of a National Senior Certificate with appropriate subject combinations and levels of achievement for admission to diploma study, as defined in the Minister's policy, "Minimum Admission Requirements for Higher Certificate, Diploma and Bachelor's Degree Programmes Requiring a National Senior Certificate", Government Gazette vol 482 No 27961, 18 August 2005.

The qualification consists of 30 compulsory modules, each worth 12 credits, made up as follows

- Ten compulsory modules at NQF Level 5 (120 credits)

> Introduction to law.

> Skills course for law students.

> End user computing.

> Introduction to paralegal studies.

> Practicing workplace English.

> Business practice and workplace ethics.

> Introduction to criminal law.

> Law of persons.

> Democracy and public participation.

> Citizenship law.

- Ten compulsory modules at NQF Level 6 (120 credits)

> Constitutional and administrative law.

> Indigenous law.

> Family law.

> Social welfare law.

> Forms of business enterprise.

> Paralegal practice.

> Law of succession.

> Environmental law and awareness.

> Interpretation of statutes.

> Legal aspects of small businesses.

- Ten compulsory modules at NQF Level 7 (120 credits)

> Individual labour law.

> Collective labour law.

> Land and housing.

> Law of contract.

> Law of delict.

> Evidence.

> Local government law.

> Education law.

> Consumer law.

> HIV/AIDS and the law.

Total for the qualification: 360 credits.

1. Apply advanced paralegal knowledge and understanding of law to a specific problem within the South African legal context.
2. Communicate with clients in a paralegal or legal workplace.

> Range: Communication refers to written and oral communication.

1. Advise, counsel and represent clients in a variety of settings.
2. Draft legal documents in a paralegal context.
3. Solve problems in a paralegal context by working in a team and on one's own.
4. Manage administration, including financial administration, and provide organisational support in an office environment.
5. Apply ethical conduct, values and professionalism when dealing with clients.

Critical Cross-Field Outcomes

In particular when assessing the applied competence (practical, foundational and reflective competencies) of this qualification, assessors must assess the ability of the student to:

• Identify and solve problems in which responses display that responsible decisions, using critical thinking, have been made.
• Work effectively with others as a member of a team, organisation or legal community.
• Organise and manage the student and the student's activities responsibly and effectively.
• Collect, analyse, organise and critically evaluate information.
• Communicate effectively using visual, mathematical, and language skills in the modes of written and oral presentation.
• Use technology effectively and responsibly.
• Demonstrate an understanding of the world as a set of related systems by recognising that problem solving in the legal and paralegal context does not exist in isolation.
• Demonstrate an awareness of the student in participating as a responsible citizen in local, national and global communities.
• Demonstrate an awareness of the student's role in generating sensitivity to diversity and culture across a range of social contexts.

Associated Assessment Criteria Exit Level Outcome 1

• Relevant facts within a specific problem are analysed.
• Applicability of relevant law to a specific problem is evaluated.
• Solutions for specific problems from relevant law are explained.

Associated Assessment Criteria Exit Level Outcome 2

• Relevant law is communicated to the client.
• Relevant legal procedures are communicated to the client.
• Appropriate legal solutions are communicated to the client.
• Support and assistance is provided to the principal in a law office orally and in writing.

Associated Assessment Criteria Exit Level Outcome 3

• Various options and their consequences are outlined to facilitate clients' decision-making.
• Principles of alternative dispute resolution mechanisms are applied.
• Clients' interests are represented in relevant forums.

Associated Assessment Criteria Exit Level Outcome 4

• Basic requirements for drafting legal documents are described.
• Legal documents are drafted in a paralegal context.

Associated Assessment Criteria Exit Level Outcome 5

• Sources of South African law and other selected subjects or laws are examined to determine the relevant legal principles.
• Solutions to problems are identified according to the relevant legal principles.
• Appropriate courts, institutions, specialists and procedures are recommended to clients, with relevant follow-up.

Associated Assessment Criteria Exit Level Outcome 6

• Project meetings and workshops are arranged and supported competently.
• Administrative systems are appropriately implemented.
• Finances are effectively controlled.
• Paralegal assistants are supervised and supported.

Associated Assessment Criteria Exit Level Outcome 7

• The concept of accountability is understood.
• Confidentiality of clients is maintained.
• Ethical and professional principles are demonstrated when assisting clients.
• The principles of integrity and honesty are understood.

Integrated Assessment

For award of the qualification, a candidate must achieve each of the compulsory modules as per Annexure A.

In addition, candidates must demonstrate the ability to perform effectively as a Paralegal Practitioner in any of the paralegal sectors, dealing with divergent and "random" demands related to these work operations. Evidence is required that the candidate is able to achieve the purpose of the qualification as a whole at the time of the award of the qualification.

Assessors should assess and give credit for the evidence of learning that has already been acquired through formal, informal and non-formal learning and experience.