Higher Certificate in Paralegal Studies

Purpose

The purpose of the qualification is to provide the qualifying learner with basic knowledge of the South African law and its procedures and with essential managerial skills, enabling the learner to apply this knowledge in the South African context in a structured paralegal environment.

After completing the Certificate in Paralegal Studies, qualifying learners will be able to

• Demonstrate basic knowledge of South African law and procedure.
• Conduct legal research on behalf of a legal or paralegal practitioner.
• Demonstrate the ability to perform basic management tasks in the paralegal environment.
• Demonstrate the ability to act professionally and with ethical consideration in the paralegal context.
• Demonstrate knowledge and understanding of the South African social context on a macro and micro scale.

Rationale

In general this qualification supports the national goal of establishing a culture of lifelong learning by creating additional opportunities for adult learning. The Higher Certificate in Paralegal Studies seeks to follow the route of a formal qualification for Paralegal Practitioners as paralegal studies are mostly offered on a short course basis.

There are a number of key challenges facing the legal profession as identified by the Law Society of South Africa (LSSA). The meeting between the Department of Higher Education and Training and the LSSA followed by a media statement released on 6 March 2012 affirms the need for the training of paralegal practitioners with mid-level legal qualifications. The Higher Certificate in Paralegal Studies aims to support this crucial need by providing a full and formal higher education qualification as stepping stone toward further formal studies in this sector.

The qualification contributes to expanding the body of independent and original scientific research in the field of law and will also contribute towards the upliftment of local communities by providing basic primary legal services as part of the essential support needed by communities. In addition, paralegals will be able to provide technical support to legal practitioners in all sectors of society, thereby alleviating the burden of a very strained legal system by allocating specific legal responsibilities to the paralegal professional.

Recognition of Prior Learning (RPL)

RPL is a manifestation of lifelong adult learning that is acquired informally, non-formally, experientially or formally. Applicants who fall outside the normal admissions process and who can demonstrate, using a formal RPL process, and to the satisfaction of the provider, that they have relevant qualification- or experiential or work-based learning which has resulted in an equivalent level of qualification, may be considered for admission to the qualification. Applicants may be required to broaden their curriculum to include preliminary programmes prior to admission or parallel to admission to the qualification.

Entry Requirements

The statutory minimum admission requirement is

• A National Senior Certificate (NSC) granting access to Higher Certificate studies.

Or

• Senior Certificate with endorsement.

Or

• National Certificate (Vocational) NC(V) at NQF Level 4, granting access to Higher Certificate studies.

The Higher Certificate in Paralegal Studies consists of three compulsory and two elective modules totalling 120 credits.

Compulsory Modules

• Legal Research and Management, 20 Credits.
• Introduction to South African Law, 40 Credits.
• Practice Management, 20 Credits.

Total Number of Credits = 80 Credits.

Elective Modules (Learners are to select any two modules)

• Civil Litigation, 20 Credits.
• Company Law, 20 Credits.
• Employment Law, 20 Credits.
• Family Law, 20 Credits.
• Debt Recovery, 20 Credits.

Total Number of Credits = 40 Credits.

1. Demonstrate basic knowledge of South African law and procedure.
2. Conduct legal research on behalf of a legal or paralegal practitioner.
3. Demonstrate the ability to perform basic management tasks in the paralegal environment.
4. Demonstrate the ability to act professionally and with ethical consideration in the paralegal context.
5. Demonstrate knowledge and understanding of the South African social context on a macro and micro scale.

Associated Assessment Criteria for Exit Level Outcome 1

• The definition of the concept "Law" is discussed.
• The legal theory in terms of the nature and purpose of law and the nature and purpose of rights and duties is described.
• Conflict resolution is described and appropriate forms of dispute resolution are distinguished.
• An overview of the origin of South African Law is provided.
• An overview of the sources of South African Law is provided.
• An overview of the divisions of South African Law illustrating the ability to distinguish between private law (law of persons, family law, the law of things, the law of succession, the law of obligations) and public law (constitutional law, administrative law, criminal law, formal law) provided.

Associated Assessment Criteria for Exit Level Outcome 2

• Definitions of the concept "Legal Research" are discussed.
• The ability to use printed sources of the Law is identified and demonstrated.
• The ability to organise legal writing is illustrated.
• Own statutory research is analysed and statutes correctly cited.
• An office memorandum with due consideration to general issues, the discussion section, conclusions and facts is drafted.
• Style issues and editing from a paralegal perspective are discussed.
• Secondary sources for research are identified and integrated.
• The role of the Internet in legal research is discussed.
• Legal citations are understood through demonstrate.

Associated Assessment Criteria for Exit Level Outcome 3

• The ability to integrate basic managerial concepts (planning, organising, leading and control) into the paralegal environment is demonstrated.
• Understanding of the need for management in a law firm is illustrated.
• Basic knowledge of records management is demonstrated.
• Basic knowledge of case management is displayed.
• Compliance issues in a legal firm are described.

Associated Assessment Criteria for Exit Level Outcome 4

• Confidentiality of client information is understood and maintained.
• Professional and ethical principles are demonstrated when assisting clients.
• The principles of integrity and honesty are understood.
• Thorough understanding of ethics and professional responsibility is demonstrated.

Associated Assessment Criteria for Exit Level Outcome 5

• The ability to advise clients on finance and property in the case of a marriage breakdown is demonstrated.
• Mediation-, settle-, and consent orders are discussed.
• Welfare benefits and support for children are described.
• The ability to advise the client on children disputes is demonstrated.
• The roles of mediation and arbitration are described.
• An application for a children order is prepared.
• Recent developments, especially in terms of the unmarried family are described.

Integrated Assessment

Because assessment practices must be open, transparent, fair, valid, and reliable and ensure that no learner is disadvantaged in any way whatsoever, an integrated assessment approach is incorporated into the qualification. Whenever possible, the assessment of knowledge, skills, attitudes and values shown in the exit level outcomes should be integrated.

During integrated assessments the assessor should make use of formative and summative assessment methods and assess combinations of practical, applied, foundational and reflective competencies. Assessors should assess and give credit for the evidence of learning that has already been acquired through formal, informal and non-formal learning and work experience.

Where it is not possible to assess the learner in the workplace or on-the-job, simulations, case studies, role-plays and other similar techniques should be used to provide a context appropriate to the assessment. Assessment should ensure that all outcomes, embedded knowledge and Critical Cross-Field Outcomes are assessed.