Higher Certificate in Paralegal Studies

Purpose

This qualification is aimed at paralegal practitioners who will assist with a range of diverse functions such as

• Drafting basic contracts.
• Finalising mortgage applications and documents.
• Separating agreements.
• Dealing with tax issues.
• Estates.
• Maintenance agreements.

The tasks performed by paralegal practitioners differ according to the type of organisation where they are employed. The range of functions varies widely; the services that paralegal practitioners provide to many organisations is invaluable and applicable for the private as well as the public sector.

Rationale

The qualification focuses on a broad range of quasi-professional practitioners in a large number of occupations where a specified level of legal knowledge is a pre-requisite to function optimally. Learners who complete this qualification are in demand by a wide range of employer organisations. The qualification has been developed to allow learners to capacitate themselves to fill these quasi-professional occupations.

There are numerous career options available for learners who have successfully completed this qualification such as

• Law firms.
• Sheriffs of the Court.
• Municipalities.
• Law enforcement agencies.
• Private companies.
• Public institutions.
• Credit bureaus.
• Estate Agents.

Although lawyers assume final accountability for work within a legal practice, they often delegate a wide range of tasks to paralegal practitioners. Paralegal practitioners (also called legal assistants) often perform the administrative functions for lawyers. There are legal constraints that prohibit paralegal practitioners from carrying out duties within the scope of the law such as giving legal advice or presenting cases in court. These administrative functions, for example, conveyancing, are performed under the overall supervision of professional legal practitioners. Paralegal practitioners often assist lawyers to prepare cases for trial or finalise documentation and this makes it possible for a legal professional practitioner to take on a number of cases simultaneously.

It is assumed that the learner is competent in the language of instruction of the institution, and the general theoretical, practical, and academic knowledge accomplished at NQF Level 4.

Recognition of Prior Learning (RPL)

An application for prior learning will be considered in accordance with the prescribed policies and procedures of the Institution. It implies that learning has been acquired through formal, informal and non-formal means, is recognised for the fulfilment of the requirements of this qualification or part thereof. It is required that through assessment practices, the learner shall demonstrate competence in the knowledge, skills and values implicit in this qualification. RPL is performed by means of integrated assessment.

RPL may allow for access and credits will be granted where competency in a specific module is established.

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 FET Certificate at NQF Level 4 or equivalent, with Mathematics/Mathematics Literacy and English.

This qualification consists of six modules at NQF Level 5 totalling 120 Credits.

Compulsory modules

• Office Management for Legal Practices, 20 Credits.
• Introduction to South African Law, 20 Credits.
• Criminal Law and Law of Procedure, 20 Credits.
• Civil Litigation Process, 20 Credits.
• Debt Collecting Practice, 20 Credits.

Optional modules (choose one)

• Wills and Estate Management, 20 Credits.
• Conveyance Practice, 20 Credits.
• Financial Accounting 1, 20 Credits.

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

• Range: Communication refers to both written and oral communication.

1. Guide and refer clients in a paralegal context.
2. Assist in solving problems in a paralegal context by working individually and in a team.
3. Provide administrative and organisational support in an office environment.
4. Exercise ethical conduct, values and professionalism when dealing with internal and external clients.

Critical Cross-Field Outcomes

The Critical Cross-Field Outcomes are addressed in this qualification.

Associated Assessment Criteria for Exit Level Outcome 1

• Relevant facts within a specific problem are identified.
• Relevant fundamental law applicable to a specific problem is indicated.
• Options for specific problems from fundamental law are explained.
• Problems that fall outside fundamental law are recognised.

Associated Assessment Criteria for Exit Level Outcome 2

• Relevant law is communicated to the client.
• Relevant legal procedures are communicated to the client.
• Appropriate legal or paralegal solutions are communicated to the client.
• Support and assistance is provided to the principal.

> Range: Principal refers to a paralegal or legal practitioner or any employee in a paralegal sector.

Associated Assessment Criteria for Exit Level Outcome 3

• Problems are defined and related solutions are identified.
• Information services are provided to clients in time.
• Support services are provided to clients in time.

> Range: Support services also include referral to appropriate practitioners with relevant follow up.

Associated Assessment Criteria for Exit Level Outcome 4

• Sources of South African law and other selected subjects or laws are examined to identify the relevant legal principles.
• Options to problems are pursued according to the relevant legal principles.

Associated Assessment Criteria for Exit Level Outcome 5

• Payments are processed in accordance with the organisation's policies and procedures.
• Records are kept and maintained in accordance with the organisation's policies and procedures.
• Administrative systems are implemented in accordance with the organisation's policies and procedures.

Associated Assessment Criteria for Exit Level Outcome 6

• 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

This qualification will use both formative and summative assessment to assess the competencies of the learners. This integrated assessment will be in the form of tests, assignments, case studies and a portfolio of work. All assessment opportunities will be internally and externally moderated.