Higher Certificate in Paralegal Studies

Purpose

The purpose of the Higher Certificate in Paralegal studies is to provide learners with the fundamental knowledge, conceptual, and interpersonal skills to prepare them for an entry level role or a career in public or private paralegal studies settings. The qualification aims to teach theory and principles that will develop learners into competent individuals who can assist legal businesses, offices, and organisations to reach their mission and goals.

This qualification is the start of a career path in Paralegal studies. The skills, value attributes, and knowledge reflected in this qualification are building blocks that will prepare learners for progression along the learning ladder.

This qualification will contribute to the full development of the learner within the legal environment by providing recognition and further mobility within the field. The qualification supports the philosophy of life-long learning because learners will be able to increase their access to employment since this qualification also caters for individuals who are employed but lack the certification to perform efficiently or to be promoted.

On successful completion of the qualification, qualifying learners will be able to seek positions in both public and private institutions. Qualifying learners will have obtained the capabilities to perform in paralegal studies, legal administration, and other business-related functions.

Upon completion of the qualification, a qualifying learner will be able to

• Demonstrate knowledge of business management and legal and apply basic management principles and practices to support legal professionals.
• Demonstrate an understanding of finance and accounting within the legal field.
• Select and use technologies and other methods of presentation for communication in the legal industry.
• Communicate effectively and professionally within a multicultural and diverse organization in the legal industry, using various communication approaches and technologies.
• Use hardware tools and software applications to perform various business operations and tasks in a legal office.
• Apply knowledge of the South African legal system to complete tasks and practices for legal office.
• Complete tasks and practices for legal office to support legal professionals.
• Demonstrate an understanding of legal document drafting in a range of contexts.

Rationale

As the country battles high unemployment rates, it is striking to note that there are insufficient applicants with qualified skills for available career opportunities. Findings on the scarcity of professionals in some fields have gained widespread coverage in the recent past following employer frustrations to find adequately skilled workers. As a result, many South African workers are now asking, which skills are most in-demand by employers.

Paralegal studies form part of a learning pathway of paralegal and legal secretary qualifications across various public, governmental, and private industries and sectors such law firms, courts, municipalities, credit bureaus and estate agents.

The current skills deficit across all sectors means that there is a premium placed on staff that are qualified with up-to-date and relevant knowledge and skills and able to perform across the areas of paralegal studies. The key challenge is that many paralegal studies qualifications relevant to the modern workplace do not contain the complete skillset required to function effectively. The current skills' shortage also requires that employees be equipped with skills and knowledge that are key to the transformation of the South African economy and that they can contribute to the positive performance of their employers. Employers often view higher education qualifications as an indicator of the ability to think, analyse, solve problems and communicate effectively. Unfortunately, all school leavers do meet the requirements for admission into diploma and degree studies.

Further, there is also a need for entry-level qualifications, which are vocationally, and industry focused.

Statistics available from the National List of Occupations in High Demand (2020) reflects legal professions and by association paralegal studies jobs are on the high demand list and thus indicates the need for paralegal and legal administrators and related posts. Additionally, to function effectively within the current knowledge economy, practitioners must be trained in the use of web-based technology and tools to succeed in their field, particularly in this competitive global economy.

Based on the aforementioned, the institution has decided to offer the qualification with the aim to contribute to addressing the current and future demand for knowledgeable and skilled paralegal studies personnel.

Higher certificate qualifications in Paralegal studies offer introductory knowledge to the areas of Business Law, General law, Legal office management, general business management and administration, entrepreneurship, languages, communication, and computer skills within a business environment and prepares learners for a range of entry level professional positions in Paralegal studies or to allow for unqualified or underqualified staff to upskill. Further, it also provides opportunities for upskilling, certification of skills obtained during on-the-job training or self-study or further studies.

The proposed qualification is relevant and required into today`s business world as it focuses on what is current and in demand regarding skills, thus making a positive contribution to the South African economy. The NQF objectives incorporated in the qualification offers learners the knowledge and applied competence including the basic skills required for employment in a range of professional paralegal studies positions in the business environment.

The qualification will broaden access to tertiary education, since the minimum admission requirements for the certificate are lower than those applicable for a diploma/degree qualification. This aligns with the following points as extracted from the Higher Education Qualifications sub-framework published by the Council on Higher Education (CHE) in 2013.

(a) Facilitate access to, and mobility and progression within, education and training career paths.

(b) Accelerate the redress of past unfair discrimination in education, training and employment opportunities.

Recognition of Prior Learning (RPL)

Recognition of Prior Learning in South Africa supports the transformation of the education and training system of the country. This calls for an approach to the development of RPL policy and practices that explicitly address the visible and invisible barriers to learning and assessment. The developmental approach must generate the commitment of all role players to re-move these barriers and to build a visible, usable and credible system as an effective and creative vehicle for lifelong learning. Consensus must be reached around the criteria and support systems within which the integrity and quality of all assessments will be protected. At the same time, the opportunities and benefits of RPL must be extended to all learners and stakeholders. It is also imperative that a viable, sustainable and credible system is built for RPL.

The institution has increasingly considered how learning that has taken place in a range of contexts may be assessed and formally recognised through accreditation. The institution's RPL process is aligned with national RPL Policies. As per the national and institutional RPL policies and procedures, RPL is applicable to all prospective candidates.

RPL for access

• Learners who do not meet the minimum entrance requirements or the required qualification at the same NQF level as the qualification required for admission may be considered for admission through RPL.
• To be considered for admission in the qualification based on RPL, applicants should provide evidence in the form of a portfolio that demonstrates that they have acquired the relevant knowledge, skills, and competencies through formal, non-formal and/or in-formal learning to cope with the qualification expectations should they be allowed entrance into the qualification.
• The limitation of 10% of the cohort regarding admission applies as stipulated in the CHE guidelines.

RPL for credits

• The candidate must demonstrate competence in the knowledge, skills, values and attitudes indicated in the qualification to obtain credits/credit exemptions.
• This qualification may be achieved in part through the recognition of prior learning (a maximum of 50% of the credits), which includes informal, and formal learning and work experience.

RPL for exemption from modules

• Learners may apply for RPL to be exempted from modules that form part of the qualification
• Applicants must provide sufficient evidence in the form of a portfolio that demonstrates that competency was achieved for the learning outcomes that are equivalent to the learning outcomes of the module

RPL Process

• RPL-Candidate applies by completing and submitting the RPL Application Form and fees.
• A formal meeting takes place between the RPL Selection Panel and the candidate, giving him/her the opportunity to motivate the application.
• The institution will conduct a skills assessment in respect of skills not supported by evidence. Such an assessment covers the entire process applicable to a particular skill.
• Feedback is given to the Applicant by the entire Selection Panel. The Applicant will also receive a written report of the RPL assessment result.
• If the applicant is not granted admission onto his/her selected qualification, the panel refers the applicant to the learner counsellor, if necessary, to offer and explore career alternatives.

Entry Requirements

• National Senior Certificate, NQF Level 4 granting access to Higher Certificate studies.

Or

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

Or

• Senior Certificate, NQF Level 4 without endorsement.

This qualification consists of the following compulsory modules at National Qualifications Framework, Level 5 totalling 120 Credits.

Compulsory Modules, Level 5, 120 Credits

� Business Management Fundamentals, 12 Credits.

� Business Communication, 12 Credits.

� Financial Management for paralegals, 8 Credits.

� IsiZulu language fundamentals, 8 Credits.

� Introduction to Business Law, 12 Credits.

� Management of the Legal Office, 16 Credits.

� End User Computing, 12 Credits.

� Entrepreneurship, 8 Credits.

� South African Legal System, 16 Credits.

� Legal Practice, 14 Credits.

1. Apply basic management principles and practices to support legal professionals.
2. Demonstrate an understanding of finance and accounting within the legal field.
3. Select and use technologies and other methods of presentation for communication in the legal industry.
4. Communicate effectively and professionally within a multicultural and diverse organization in the legal industry, using various communication approaches and technologies.
5. Use hardware tools and software applications to perform various business operations and tasks in a legal office.
6. Apply knowledge of the South African legal system to complete tasks and practices for legal office.
7. Complete tasks and practices for legal office to support legal professionals.
8. Demonstrate an understanding of legal document drafting in a range of contexts.

Associated Assessment Criteria for Exit Level Outcome 1

• Identify and explain business management principles in the context of legal office operations.
• Execute legal support tasks using appropriate business management strategies.
• Discuss and apply business management, legal knowledge, and principles.

Associated Assessment Criteria for Exit Level Outcome 2

• Interpret and process financial documents accurately (e.g., invoices, trust accounts).
• Apply accounting principles to maintain financial records in a legal office.
• Illustrate compliance with legal financial regulations in routine tasks.

Associated Assessment Criteria for Exit Level Outcome 3

• Define, describe, explain, select, and demonstrate appropriate technologies for presenting legal information.
• Use presentation methods effectively to communicate legal concepts.
• Utilise digital tools to enhance clarity and professionalism in legal communication.

Associated Assessment Criteria for Exit Level Outcome 4

• Define, describe, explain, and create communication that suits a range of cultural and professional contexts.
• Appropriately illustrate technologies (e.g., email, video conferencing) for professional legal communication.
• Interpret feedback and respond professionally in a multicultural and diverse

legal environment.

Associated Assessment Criteria for Exit Level Outcome 5

• Use hardware and software tools effectively to complete legal office tasks.
• Apply business information systems to manage legal data and documentation.
• Follow security and confidentiality protocols when using information systems.

Associated Assessment Criteria for Exit Level Outcome 6

• Identify, define, describe, and explain key components of the South African legal system.
• Complete legal office tasks in accordance with relevant legal procedures.
• Correctly apply legal terminology and concepts in documentation and communication.

Associated Assessment Criteria for Exit Level Outcome 7

• Define, describe, explain, and apply business law principles to legal office tasks.
• Prepare legal documentation in compliance with business law requirements.
• Support legal professionals through accurate interpretation of business law.

Associated Assessment Criteria for Exit Level Outcome 8

• Describe and explain legal documents drafted using correct format, terminology, and structure.
• Draft reflects and understands the legal context and purpose.
• Identify and correct errors in legal documents according to legal standards.

INTEGRATED ASSESSMENT

Assessment practices are open, transparent, fair, valid, and reliable. Various assessment techniques will be used to develop learning and to ensure appropriate learning and evaluation. An assessment plan will be included in each Study Guide. The plan will include a schedule of assessments to be conducted during the year. It will also include assessment criteria, assessment methods, weighting and timing of assessment.

Assessment will be based on the nature, level and scope of the module/subject area. The assessment techniques may include a combination of one or more of the following:

• Written Tests
• Written Assignments
• Portfolios
• Oral assessments/demonstrations
• Mini-projects
• Practical assessments
• Written Examinations

Formative Assessment

Formative Assessment guides lecturers about the level of understanding and progress of learners. It consists of tests that are performed on a regular basis, especially at the end of a section or topic. The activities allow lecturers to recognize and respond to learners' thinking and make proper judgments of learners' progress levels of attainment. This type of assessment leads to self-reflection on both the part of learners learning and lecturer-led teaching. Based on this, lecturers can provide feedback to learners so that they can improve their future performance. On the other hand, lecturers can use this feedback to enhance their teaching and adjust their teaching materials based on the performance of learners. Formative assessment forms part of the teaching process and is included in the final mark.

Summative Assessment

The summative assessment indicates the achievement status of a learner at a particular point in time, for example, semester one of an academic year [Y1, S2]. It is an exam where a mark is generated. Feedback is given based on this mark. It however provides fewer opportunities for learners to build on their strengths and learn from the mistakes compared to formative assessments.

Formative and summative assessment breakdown

The qualification has clearly differentiated the formative and summative assessments per semester together with the number of tasks and weighting towards the final assessment. The academic qualification is divided into 2 Semesters, with End of Year examinations and Mid-Year Examinations. The academic qualification and the study guide clearly state that in each of the semesters, one written test, one written Assignment constitutes and the summative assessment. The formative assessment consists of 40-60% of the final mark whilst the summative constitutes 40%-60% of the Final mark (depending on the modules).

Other forms of assessments are class-based assessments which involve activities set by the lecturer. The institution has reviewed and designed effective assessment practices through its policy on examination and assessment. Both summative and formative assessment is conducted and is timetabled and available to learners. Regular tests and assignments are conducted to achieve the intended outcomes, the content and the level of the module to address fairness and quality.

Part of the assessment practices is the scheduling of mid-year and end-of -year written examinations to access the topics covered during the two semesters. Part of the assessment practice is to identify learners at-risk and provide academic support through consultation, counselling and extra classes.

Internal and external moderation / examination

All formative and summative assessments of non-exit level modules will be internally moderated by either subject experts or the Head of Department. In the case of the exit level modules, external experts from industry (provided they have the requisite academic qualifications at NQF 8), private and public higher education institutions with relevant academic qualifications (NQF8) as well as experience, will be appointed to serve as external examiners. The Institute will develop a database of highly qualified experts who will be called upon from time to time to assist with the moderation of the assessment tools as well as the learners' responses/scripts.

Assessment of experiential learning

The purpose of WIL is to enable learners to contextualise their learning and achieve significant curriculum outcomes by accessing the experiential skills and knowledge environment by participating in workplaces. Collaborative involvement optimises learner learning and safety during placement and allows relevance of tuition to be tested and verified making the learners more marketable on

In the case of the Work Integrated Learning module, will also undergo external moderation.

The Assessment and moderation of WIL is detailed in the WIL Policy and is further listed below

• On completion of WIL, the learner will attend an interview with a panel of staff members (at least 2 academics and the WIL coordinator).
• The panel assesses the learner's performance during the interview and assigns an appropriate grade
• The panel will also assess the WIL Logbook submitted

The final WIL assessment will comprise of the final mark allocations

• Interview assessment (15%)
• WIL Logbook Assessment (45%)
• Site visit report by staff / WIL coordinator (20%)
• Workplace supervisor report (20%)
• On completion of WIL, the logbook is updated, signed and sent for filing and central storage.
• A sample of panel interview assessment report, WIL logbook assessment report, site visit reports and workplace supervisor reports are sent to an external moderator for evaluation.
• Mark adjustments are discussed at academic structures before being approved and implemented.