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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD THAT HAS PASSED THE END DATE: 

Demonstrate understanding of the legal framework and context of domestic violence in South Africa 
SAQA US ID UNIT STANDARD TITLE
123221  Demonstrate understanding of the legal framework and context of domestic violence in South Africa 
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 5  Level TBA: Pre-2009 was L5  6 
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
2024-06-30   2027-06-30  

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 
Learners credited with this unit standard will be able to:
  • Explain the structure and position of courts dealing with domestic violence matters in South Africa.
  • Apply the provisions of the Domestic Violence Act.
  • Analyse the duties and responsibilities of service providers involved in domestic violence matters.
  • Demonstrate understanding of the dynamics of domestic violence. 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Communication skills NQF Level 4. 

    UNIT STANDARD RANGE 
    In this unit standard, the domestic violence court system refers to the lower courts dealing with domestic violence matters throughout South Africa in terms of the Domestic Violence Act no 116 of 1998. 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Explain the structure and position of courts dealing with domestic violence matters in South Africa. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Courts that may hear domestic violence matters in South Africa are identified within the overall hierarchy of courts. 

    ASSESSMENT CRITERION 2 
    Roles and competencies of lower and higher courts are explained with reference to domestic violence matters. 

    ASSESSMENT CRITERION 3 
    Factual domestic violence matters are analysed to identify the court with jurisdiction. 

    SPECIFIC OUTCOME 2 
    Apply the provisions of the Domestic Violence Act. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The concept domestic relationship is defined and applicable relationships are explained within the context of the Domestic Violence Act. 
    ASSESSMENT CRITERION RANGE 
    Applicable relationships must include all those contained in Section 1 of the Domestic Violence Act.
     

    ASSESSMENT CRITERION 2 
    Types of behaviour that constitute domestic violence are described in the context of the Domestic Violence Act. 
    ASSESSMENT CRITERION RANGE 
    Types of behaviour must include all those contained in Section 1 of the Domestic Violence Act.
     

    ASSESSMENT CRITERION 3 
    People who can apply for a protection order are defined in the context of the Domestic Violence Act. 
    ASSESSMENT CRITERION RANGE 
    Categories of people must include those set out in Section 4 of the Domestic Violence Act.
     

    ASSESSMENT CRITERION 4 
    Grounds on which a court will grant a protection order are explained in the context of the Domestic Violence Act. 
    ASSESSMENT CRITERION RANGE 
    Grounds to be covered must be all those contained in Section 5 of the Domestic Violence Act.
     

    ASSESSMENT CRITERION 5 
    Procedures to apply for a protection order are applied in the context of a given case study. 
    ASSESSMENT CRITERION RANGE 
    Procedural steps must include those contained in Sections 2, 3, 4, 5, 6, 8, 9, 11 and 13 of the Domestic Violence Act.
     

    ASSESSMENT CRITERION 6 
    Protection orders and their remedies are analysed in the context of the provisions of the Domestic Violence Act. 
    ASSESSMENT CRITERION RANGE 
    Remedies to be covered are contained in Section 7, 8 and 9 of the Domestic Violence Act.
     

    SPECIFIC OUTCOME 3 
    Analyse the duties and responsibilities of service providers involved in domestic violence matters. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Roles and responsibilities of the main inter-sectoral role-players analysed in the context of domestic violence matters. 
    ASSESSMENT CRITERION RANGE 
    Role-players must include police officers, the Independent Complaints Directorate, healthcare workers, clerks of the court, prosecutors, magistrates, correctional officials, social workers, as well as non-governmental and community-based organisations.
     

    ASSESSMENT CRITERION 2 
    Conduct expected of all role-players is examined when dealing with domestic violence matters. 

    ASSESSMENT CRITERION 3 
    Obstacles and challenges faced by role-players are analysed with reference to the management of domestic violence cases with examples. 

    ASSESSMENT CRITERION 4 
    Case studies are analysed to identify methods to improve inter-sectoral communication and co-operation. 

    SPECIFIC OUTCOME 4 
    Demonstrate an understanding of the dynamics of domestic violence. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The extent, nature and dynamics of domestic violence are explained with reference to the South African context. 
    ASSESSMENT CRITERION RANGE 
    The nature and dynamics of domestic violence must be contextualized within South Africa's historical, socio- political, religious and cultural context. The impact of unequal power relationships in society and social, economic and interpersonal factors which contribute to domestic violence should be highlighted and the cycles of violence and battered women syndrome & HIV/Aids as a complicating and contributing factor in gender violence should be explained.
     

    ASSESSMENT CRITERION 2 
    Physical, emotional and economic impact of domestic violence on the individual and children are analysed with examples. 

    ASSESSMENT CRITERION 3 
    Reasons why people remain in or return to violent relationships before engaging with the justice system are analysed in the context of a given case study. 
    ASSESSMENT CRITERION RANGE 
    Reasons must include phases in the cycle of violence (tension building, incident, making up, calm), fear due to coercion, power and control, socio-cultural and economic factors as well as inter-personal dynamics.
     

    ASSESSMENT CRITERION 4 
    The needs of people following exposure to domestic violence is identified, and explained according to the requirements of interaction with the criminal justice system. 
    ASSESSMENT CRITERION RANGE 
    People's needs must include the need for acknowledgement, understanding, practical needs, emotional needs and the need for information and contact with the Criminal Justice System. Specific needs of vulnerable and marginalized groups such as mentally and physically disabled people should be highlighted.
     


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • An individual wishing to be assessed (including through RPL) against this Unit Standard may apply to an assessment agency, assessor or provider institution accredited by the relevant ETQA, or an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Anyone assessing a learner against this Unit Standard must be registered as an assessor with the relevant ETQA or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Any institution offering learning that will enable achievement of this Unit Standard or assessing this Unit Standard must be accredited as a provider with the relevant ETQA or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Moderation of assessment will be conducted by the relevant ETQA at its discretion. 
    		•

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • The structure and position of domestic violence courts in South Africa.
  • The provisions of the Domestic Violence Act no 116 of 1998.
  • The duties and responsibilities of service providers in domestic violence matters.
  • An understanding of the dynamics of domestic violence. 
    		•

    UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Learners have acquired the generic ability to assist traumatised court users to understand and implement legal strategies to protect themselves from domestic violence. 

    UNIT STANDARD CCFO WORKING 
    Learners have acquired the generic ability to understand their personal role in an inter-sectoral service delivery team and to adopt strategies to improve the efficiency of courts dealing with domestic violence. 

    UNIT STANDARD CCFO ORGANISING 
    Learners have acquired the generic ability to analyse factual domestic violence situations and take the necessary actions to assemble legal responses. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Learners have acquired the generic ability to understand patterns of domestic violence in South Africa as a product of inter-related systems of power relations and inter-personal dynamics. 

    UNIT STANDARD CCFO CONTRIBUTING 
    Learners have acquired the generic ability to reflect on issues of domestic violence and to implement strategies to remove barriers to service delivery in the justice system. 

    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 
    Terminology:
  • For the purposes of this unit standard, 'court-based family law practice' and 'family law-related matters' are understood to include the legal areas of maintenance, domestic violence, divorce and children's court matters at a lower court level.
  • For the purposes of this unit standard, 'court based staff' and 'court based learners' are understood to refer to administrative clerks working in the area of domestic violence at a lower court level. 
    		•

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Fundamental  50265   National Certificate: Family Law Practice  Level 5  Level TBA: Pre-2009 was L5  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. Department Of Justice (head Office) 


    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.