SAQA All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.
SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD THAT HAS PASSED THE END DATE: 

Apply the practical aspects of trial advocacy 
SAQA US ID UNIT STANDARD TITLE
116088  Apply the practical aspects of trial advocacy 
ORIGINATOR
SGB Legal Education and Training 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 08 - Law, Military Science and Security Justice in Society 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 7  Level TBA: Pre-2009 was L7  19 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Passed the End Date -
Status was "Reregistered" 		 2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2026-06-30   2029-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
This unit standard is aimed at understanding the practical aspects of advocacy, such as pleading and arguing cases, presenting written arguments, etc. across the complete court spectrum. The main function will be to ensure that the administrative and support functions are well executed. This qualification has been developed for professional practice across the court sector and is intended to ensure the upliftment of standards in general. The qualifying learner will be able to:
  • Apply the practical aspects of trial advocacy.
  • Explain the provisions of the Magistrate's Court Act, no 32 of 1944 and the Rules promulgated in terms thereof, in particular.
  • Explain the provisions of the Supreme Court Act, no 59 of 1959, the Uniform Rules of Court, the rules and practice directions of the various divisions.
  • Explain the general principles of criminal court practice. 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Learners registering for this unit standard will have demonstrated competence in legal knowledge at NQF level 7 as contained in a recognised law degree like B Proc or LLB or any other qualification recognised as equivalent to such a law degree in terms of legislation as indicated in the notes to the qualification. This assumed learning is listed in paragraph 4 of the qualification "Post graduate certificate in Attorneys Practice". 

    UNIT STANDARD RANGE 
    Range statements are included with specific outcomes as necessary. 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Apply the practical aspects of trial advocacy. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Conduct cases with due regard to the legal procedures and in a professional manner in accordance with courtroom conventions. 

    ASSESSMENT CRITERION 2 
    Give an opening address in the Magistrate's Court and other tribunals in a comprehensible manner, analyzing and critically evaluating the different points of view. 

    ASSESSMENT CRITERION 3 
    Apply the rules of evidence in conducting trials. 

    ASSESSMENT CRITERION 4 
    Lead evidence in chief. 

    ASSESSMENT CRITERION 5 
    Cross-examine witnesses. 

    ASSESSMENT CRITERION 6 
    Note relevant objections where applicable during a trial. 

    ASSESSMENT CRITERION 7 
    Present substantiated legal argument to tribunals, orally or in writing, which is clear, concise and to the point. 

    SPECIFIC OUTCOME 2 
    Explain the provisions of the Magistrate's Court Act, no 32 of 1944 and the Rules promulgated in terms thereof, in particular. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Explain, draft and perform all actions related to determining when the Magistrate's Court has jurisdiction to adjudicate a matter 

    ASSESSMENT CRITERION 2 
    Cite parties in Magistrate's Court matters. 

    ASSESSMENT CRITERION 3 
    Differentiate between action and application proceedings 

    ASSESSMENT CRITERION 4 
    Institute action proceedings. 

    ASSESSMENT CRITERION 5 
    Draft particulars of claim. 

    ASSESSMENT CRITERION 6 
    Apply for default judgment. 

    ASSESSMENT CRITERION 7 
    Explain, draft and perform all actions related to the procedure if an action is defended. 

    ASSESSMENT CRITERION 8 
    Prepare for trial. 

    ASSESSMENT CRITERION 9 
    Explain, draft and perform all actions related to the following of trial procedures. 

    ASSESSMENT CRITERION 10 
    Apply application proceedings. 

    ASSESSMENT CRITERION 11 
    Explain, draft and perform all actions related to provisional sentence proceedings. 

    ASSESSMENT CRITERION 12 
    Explain, draft and perform all actions related to the execution of a judgment. 

    ASSESSMENT CRITERION 13 
    Explain, draft and perform all actions related to Interpleader proceedings. 

    ASSESSMENT CRITERION 14 
    Explain, draft and perform all actions related to appeal and review procedure. 

    SPECIFIC OUTCOME 3 
    Explain the provisions of the Supreme Court Act, no 59 of 1959, the Uniform Rules of Court, the rules and practice directions of the various divisions. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Explain, draft and perform all actions related to determining when the High Court has jurisdiction to adjudicate a matter 

    ASSESSMENT CRITERION 2 
    Explain, draft and perform all actions related to the principle of having capacity to sue or to be sued. 

    ASSESSMENT CRITERION 3 
    Differentiate between action and application proceedings 

    ASSESSMENT CRITERION 4 
    Institute action proceedings by way of summons. 

    ASSESSMENT CRITERION 5 
    Apply for default judgment. 

    ASSESSMENT CRITERION 6 
    Explain, draft and perform all actions related to the procedure if an action is defended. 

    ASSESSMENT CRITERION 7 
    Explain, draft and perform all actions related to third party procedure. 

    ASSESSMENT CRITERION 8 
    Prepare for trial. 

    ASSESSMENT CRITERION 9 
    Explain, draft and perform all actions related to making and accepting a settlement offer and when to request an interim payment. 

    ASSESSMENT CRITERION 10 
    Explain, draft and perform all actions related to bringing an interlocutory application. 

    ASSESSMENT CRITERION 11 
    Explain, draft and perform all actions related to following of trial procedures. 

    ASSESSMENT CRITERION 12 
    Explain, draft and perform all actions related to provisional sentence proceedings. 

    ASSESSMENT CRITERION 13 
    Use application proceedings. 

    ASSESSMENT CRITERION 14 
    Explain, draft and perform all actions related to executing a judgment. 

    ASSESSMENT CRITERION 15 
    Explain, draft and perform all actions related to amending pleadings and documents. 

    ASSESSMENT CRITERION 16 
    Explain, draft and perform all actions related to appeal and review procedure. 

    ASSESSMENT CRITERION 17 
    Explain, draft and perform all actions related to the authentication of documents. 

    ASSESSMENT CRITERION 18 
    Explain when evidence may be taken on commission. 

    SPECIFIC OUTCOME 4 
    Explain the general principles of criminal court practice. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Conduct a consultation with a client who seeks assistance in a criminal matter. 

    ASSESSMENT CRITERION 2 
    Explain the rights of detained, arrested and accused persons. 

    ASSESSMENT CRITERION 3 
    Explain the powers of the police to search, enter premises and seize matters. 

    ASSESSMENT CRITERION 4 
    Explain, draft and perform all actions related to the methods of securing the attendance of the accused in court. 

    ASSESSMENT CRITERION 5 
    Explain, draft and perform all actions related to securing the release of the accused. 

    ASSESSMENT CRITERION 6 
    Explain, draft and perform all actions related to the various methods of disposing of a case without a trial. 

    ASSESSMENT CRITERION 7 
    Explain, draft and perform all actions related to preparing for a criminal trial. 

    ASSESSMENT CRITERION 8 
    Explain, draft and perform all actions related to requesting an adjournment of a criminal trial. 

    ASSESSMENT CRITERION 9 
    Explain the requirements of the charge that the accused has to plead to. 

    ASSESSMENT CRITERION 10 
    Explain, draft and perform all actions related to pleading to a charge. 

    ASSESSMENT CRITERION 11 
    Explain, draft and perform all actions related to conducting a criminal trial. 

    ASSESSMENT CRITERION 12 
    Explain, draft and perform all actions related to sentencing an accused. 

    ASSESSMENT CRITERION 13 
    Explain, draft and perform all actions related to the various interlocutory proceedings during criminal matters. 

    ASSESSMENT CRITERION 14 
    Explain, draft and perform all actions related to the evidentiary rules in criminal matters. 

    ASSESSMENT CRITERION 15 
    Explain, draft and perform all actions related to the post-trial procedure in criminal matters. 

    ASSESSMENT CRITERION 16 
    Appeal against a judgment and/or sentence or request a review of the proceedings. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • Anyone assessing a learner or moderating the assessment of a learner against this qualification must be registered as an assessor with the relevant ETQA.
  • Any institution offering learning that will enable achievement of this qualification must be accredited as a provider through the relevant ETQA.
  • The relevant ETQA will oversee assessment and moderation of assessment according to the moderation guidelines in the relevant competency and the agreed procedures of the relevant ETQA.
  • Moderation must include both internal and external moderation of assessment at exit points of the qualification, unless ETQA policies specify otherwise. Moderation should encompass achievement of the competence described both in individual unit standards, exit level outcomes as well as the integrated competence described in the qualification.
  • Anyone wishing to be assessed against this competency may apply to be assessed by any assessment agency, assessor or provider institution that is accredited by the relevant ETQA. 
    		•

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
    Demonstrated KNOWLEDGE and UNDERSTANDING:
  • The nature and functioning of legal organizations and the legal system.
  • Ethical and professional conduct.
  • Problem solving techniques.
  • Values such as fairness, justice, accountability, ethics, etc. 
    		•

    UNIT STANDARD DEVELOPMENTAL OUTCOME 
    Personal development. 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identifying and solving problems. 

    UNIT STANDARD CCFO WORKING 
    Working effectively with others as a member of a team, group, organisation or community. 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrating an understanding of the world as a set of related systems. 

    UNIT STANDARD CCFO CONTRIBUTING 
    Contributing to the personal development of learners and the society and economy, by being culturally sensitive and by participating as responsible citizens in the life of local, national and global communities. 

    UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    UNIT STANDARD NOTES 
    N/A 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Core  48920   National Certificate: Attorneys Practice  Level 7  NQF Level 07  Passed the End Date -
    Status was "Reregistered"     		 2023-06-30  SAS SETA 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    1. LAW SOCIETY OF SOUTH AFRICA 


    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.