Qualification Overview

Purpose:

The qualification combines legal theory and practice to equip graduates with the foundation to competently navigate South Africa's legal system as a Paralegal in a range of contexts. It consolidates the fragmented approach to paralegal education in key areas of the law, by providing an educational foundation for the professionalisation of the Paralegal sector. It is designed to enable learners to pursue a career in Paralegal studies while simultaneously providing a foundation for pursuing further studies towards becoming a fully-fledged member of the legal profession. This qualification therefore seeks to equip the qualifying learner with the principles, theory, procedural knowledge, work-integrated learning. Also graduate attributes will be developed for application in key areas of the law and provide them with an understanding of the application of the law within the broader South African social context, for the purpose of rendering primary and quasi-legal services in the public and private sector. The qualification has an occupationally-oriented, capability-based approach to legal education, distinguishing itself from the existing law and paralegal qualifications with its unique balance between theory and practice. It therefore focuses on essential competencies such as a common core of legal substantive and procedural knowledge and its practical application within a work-integrated paralegal context, critical thinking skills, organisational skills, research skills, oral and writing skills and numeracy skills. Practical components form an integral part of the curriculum and will occur in a problem-based, simulated environment, followed by project-based, work-integrated components in collaboration with community-based advice offices, justice centres, government departments, private practitioners and juristic entities.

Rationale:

This qualification responds to two of the six priorities of the National Development Plan 2030 (NDP 2030), which are; promoting active citizenry to strengthen development, democracy and accountability and increase labour absorption. It aims to enable increased access to higher education through creating the potential for articulation between the Occupational Qualifications Sub-Framework and the Higher Education Qualifications Sub-Framework within the discipline of law. It further aims to provide greater labour mobility and overcome unemployment by preparing multi-skilled graduates for paid employment as well as self-employment. The learners' attributes which are to be embedded in the qualification are aimed at enabling graduates to be active agents in ensuring access to justice, a key strategic objective of the Department of Justice and Constitutional Development. The qualification aims to give effect to the mission of the National Skills Development Strategy III (NSDS III) by providing increased access to high quality education and training and skills development opportunities, including workplace learning and experience for effective participation in the economy and society. The qualification therefore addresses the challenges identified in the NSDS III by focusing on the intermediate and higher skills within the discipline of law and addressing the need for more substantial qualifications to improve qualifications, support career-pathing, enable greater flexibility, mobility and productivity. It therefore aims to overcome the systemic blockages caused by the lack of synergy between the various post-school sub-systems by promoting partnerships and alignments needed to improve the effectiveness of qualification delivery, articulation and progression. This qualification is further aligned to the policy objectives of The White Paper for Post-School Education and Training by addressing the imperatives of equity and social justice and promoting an integral post-school system. It is designed to develop high level skills for the middle level practitioner, while at the same time addressing the imperatives in the NDP by suggesting new application for existing knowledge at a paralegal level, creating opportunities for social mobility through vertical and horizontal articulation, strengthening social justice and democracy, and contributing towards overcoming the inequities of the past. The qualification provides educational support for the professionalisation of the currently unregulated Paralegal sector, while at the same time expanding the capacity of the community-based Paralegal. It further responds to the obligation placed upon universities by the Department of Higher Education and Training to explore and support curriculum development initiatives that will contribute to improved success and graduation rates. The Bachelor of Laws (LLB) Curriculum Research Report 2010 highlights the concerns raised by traditional universities over the poor throughput rates and the under preparedness of candidates entering the Bachelor of Laws (LLB) qualification, with the resultant poor readiness of many LLB graduates exiting the qualification. Therefore, in addition to preparing multi-skilled paralegal graduates, this qualification also seeks to prepare well-equipped candidates for the Professional LLB Degree. It will equip paralegal graduates with the requisite theory and practical legal skills at an operational level within a Paralegal context, which, once achieved competently, provides a fit-for-purpose foundation for further studies in law, in accordance with international best practice. This qualification responds to the need to expand training, creating opportunities for articulation and addressing the needs of Paralegals in key areas such as conveyancing, alternative dispute resolution, administration of estates and consumer law practice. It prepares graduates to perform the function of a conveyancing Paralegal, Legal Administrator, Legal Assistant, Human Resource Paralegal, Personal Injury Paralegal, Legal Clerk, Commercial Legal Secretary, Community-Based Paralegal, Family Law Practitioner, Debt Counsellor and Debt Reviewer, Legal Interpreter or Motor Vehicle Accident Claims Handler. Hence, the relevant institutional graduate attributes of technologically adeptness, eminent employability and social responsiveness which are embedded in the qualification, will be complemented by the specific attributes of Paralegal Practitioners identified through international best practice, such as, advocacy and active citizenship, emotional literacy, social intelligence and ethical conduct. Following the introduction of the four-year LLB qualification, the discontinuation of the B.Iuris and B.Proc Degrees and the drive towards the professionalisation of the paralegal sector, the need has been created for this qualification, the first of its kind in South Africa. It has the potential to serve as a conduit between the paralegal sector and the legal profession, consolidate the fragmented approach to paralegal education, and prepare graduates who could meet the need for primary and quasi-legal services created by the human rights-based approach to access to justice.