Higher Certificate in Paralegal Studies in Commercial Practice

Purpose

This qualification is to capacitate learners to perform a multitude of functions in a commercial environment. A learner that acquired this qualification will be capable to perform as an office manager. The qualification has two specialisation modules which offer the learner some latitude to specialise in two different fields. The type of operations in an office environment often dictates whether the services rendered require registered legal practitioners or whether practitioners trained in paralegal studies would suffice.

Rationale

This qualification is focused at learners who have an interest in a career as a paralegal practitioner. There is a demand for practitioners that have a sound knowledge base in one or more of the fields of specialisation. There are numerous workplace options available for learners who complete this qualification successfully, such as:

• Law firms.
• Sheriffs of the court.
• Municipalities.
• Law enforcement agencies.
• Private companies.
• Public institutions.
• Credit bureaus.
• Estate agents, etc.

Most companies have some sort of legal component, even though this may be limited to credit applications and collections. Paralegal studies capacitate employees to function optimally in an environment where some aspects of legislative competence are required. Not every component of legal work requires professionally registered legal practitioners.

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

Recognition of Prior Learning

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. Recognition of Prior Learning is performed by means of integrated assessment.

Recognition of Prior Learning may allow for access and credits will be granted where competency in a specific module is established. All Recognition of Prior Learning is subject to quality assurance by the relevant accredited Education and Training Quality Assurance Body and is conducted by an experienced academic team.

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 6 modules at NQF Level 5 totalling 120 Credits.

Compulsory modules

• Office Management for Legal Practices, 20 Credits.
• Criminal Law and Law of Procedure, 20 Credits.
• Commercial Law, 20 Credits.
• Business Law, 20 Credits.
• Debt Collecting Practice, 20 Credits.

Optional modules (choose one)

• Wills and Estate Management, 20 Credits.
• Property Law and 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. Apply appropriate technology in order to conduct legal research on behalf of a legal or paralegal practitioner.
3. 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 in a team and individually.
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

• Legal related software is used within paralegal administrative environment.
• Appropriate technology for legal research is applied.
• Relevant sources of legal information are identified.
• Legal research is conducted.
• Research findings are appropriately presented to legal or paralegal practitioner.

Associated Assessment Criteria for Exit Level Outcome 3

• 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 principal.

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

Associated Assessment Criteria for Exit Level Outcome 4

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

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

Associated Assessment Criteria for Exit Level Outcome 5

• 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 6

• 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 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

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.