Higher Certificate in Law Enforcement

Purpose

The main purpose of the qualification is to provide a vocational, industry focused qualification to employees in the law enforcement environment to equip them with the basic knowledge, tools and practical techniques to enable them to perform their functions. The qualification will analyse the Criminal Procedure Act and other specific legislation that may be enforced by officials in job categories such as nature conservation officers, forestry officials, members of fire safety organisations, sea fisheries officials, municipal employees, SANRAL employees and employees from the Airports Company, Metrorail and SAN Parks. In addition it will provide access to higher education for learners in the non-SAPS law enforcement environment and enable those who wish to do so to further their education in a chosen field of study.

Rationale

The South African Police Services (SAPS) is arguably the most important agency responsible for law enforcement, but they are certainly not the only player in this field. There is a huge number of officials who have statutory powers of law enforcement, operating at different levels of government, as well as in the sphere of semi-state institutions. These officials play a vital role on a daily basis in ensuring compliance with a plethora of statutes, regulations and by-laws. However, the effective and fair exercise of their law enforcement duties is dependent on sound knowledge and insight into their responsibilities in terms of the legislation from which they derive their authority, as well as the necessary skills sets to perform their duties according to prescribed standards.

Education and training in this non-SAPS sector has been largely uncoordinated and there is a need to have a formal qualification that would up-skill these officials, at the same time providing access to higher education and advancing the career prospects of these law enforcement officials.

It is assumed that learners are competent in

• Communication and writing skills at NQF Level 4.
• Mathematics Literacy at NQF Level 4.
• Computer Literacy at NQF Level 3.

Recognition of Prior Learning (RPL)

The learners who do not meet the minimum requirements can gain access to the qualification through the Recognition of Prior Learning and credits will be granted where competency in a specific module is established by an assessor.

Access to the Qualification

A learner entering this qualification must have achieved a National Senior Certificate granting access to Higher Certificate study or a National Certificate (Vocational) at NQF Level 4, granting access to Higher Certificate study or a Further Education and Training Certificate at NQF Level 4 or equivalent, with Mathematics/Mathematics Literacy and English.

This qualification consists of 11 modules, all at NQF Level 5, totalling 120 Credits.

Compulsory modules

• Law Enforcement by Peace Officers, 12 Credits.
• Principles of Criminal Liability, 12 Credits.
• Taking of Statements, 12 Credits.
• Introduction to the Constitution and the Bill of Rights, 12 Credits.
• Introduction to Criminology, 12 Credits.
• Pre-trial Procedures, 12 Credits.
• Conduct of a Criminal Trial, 12 Credits.
• Introduction to Common Law and Statutory Crimes, 12 Credits.
• Introduction to Criminal Investigation, 12 Credits.
• Implementation of a Law Enforcement Strategy, 6 Credits.

Optional Modules (choose one)

• Enforcement of Municipal Health Legislation, 6 Credits.
• Enforcement by Building Inspectors, 6 Credits.
• Enforcement of by-laws by Traffic Officials/Municipal Police, 6 Credits.

After completing the qualification the learners will be able to

1. Implement a law enforcement strategy by applying the key principles of law enforcement in a non-SAPS environment.
2. Participate in the processes of the criminal justice system by applying the pre-trial procedures required by law, conducting preliminary criminal investigations and presenting evidence in a court of law.
3. Record the statements of persons allegedly connected to committing an offence in a manner that reflects the requirements for criminal liability.
4. Explain the basic principles of criminology.
5. Explain the nature and elements of selected common law crimes and statutory law offences and the impact of the Bill of Rights on law enforcement.
6. Adhere to professional conduct and organisational ethics.

Critical Cross-Field Outcomes

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

Associated Assessment Criteria for Exit Level Outcome 1

• The approach towards law enforcement is discussed.
• The main components of a law enforcement strategy are described.
• The process required to implement a law enforcement strategy is explained.
• Explain how the principles of customer care are applied in a law enforcement environment.
• The application of the problem-solving approach to law enforcement is described.

Associated Assessment Criteria for Exit Level Outcome 2

• The processes required by the criminal justice system to bring an offender to book are explained.
• The role of the Constitution and the Bill of Rights in law enforcement is described.
• The steps required to be completed before a case gets to court are discussed.
• The manner in which preliminary criminal investigations are conducted is explained.
• The way in which evidence is presented in a court of law is explained and demonstrated.

Associated Assessment Criteria for Exit Level Outcome 3

• The requirements for criminal liability that must be contained in a statement are explained.
• The principles that are required for a statement are described.
• The layout of a statement is discussed.
• The regulatory requirements for statements under oath or affirmation are explained.
• A statement that complies with the above criteria is recorded.

Associated Assessment Criteria for Exit Level Outcome 4

• The principles of criminology applicable to law enforcement in a non-SAPS environment are discussed.
• The causes of criminal behaviour are discussed.
• The relative utility of various explanations of the causes of crime are assessed.
• Emerging, critical and global versions of criminology are explained.

Associated Assessment Criteria for Exit Level Outcome 5

• The elements of selected common law crimes and statutory law are described.
• The way in which the elements of selected common law crimes and statutory law find application in the law enforcement process is explained.
• The way in which the rights in the Bill of Rights find application in the law enforcement process is explained.

Associated Assessment Criteria for Exit Level Outcome 6

• The requirements for adherence to professional conduct are explained.
• The ethical principles that should be applied in the law enforcement process are described.

Integrated Assessment

This qualification is run on a block release system during which theory will be combined with formative assessments. In the periods between block releases further formative assessment and feedback opportunities are created via electronic means by using the Moodle learning system. The completion of the block release sessions will culminate in a formal summative assessment under examination rules. The formative assessments will count towards 40% of the final result and the summative assessment will count towards 60% of the final result.