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: 

Appoint a Tutor, Curator or Administrator to a person incapable or prohibited from managing his or her own affairs 
SAQA US ID UNIT STANDARD TITLE
365182  Appoint a Tutor, Curator or Administrator to a person incapable or prohibited from managing his or her own affairs 
ORIGINATOR
Task Team - Justice Legal 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 6  NQF Level 06  10 
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 Assistant Masters and Examiners attached to the Office of the Master of the High Court and who appoint tutors, curators boni and administrators.

Learners credited with this unit standard will be able to:
  • Appoint a tutor or curator in the estate of a minor.
  • Appoint a curator in the estate of an incapable adult.
  • Appoint an administrator in the estate of an incapable adult.
  • Appoint a curator in terms of the Prevention of Organised Crime Act.
  • Appoint a curator to the estate of an absent person. 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    It is assumed that the learner has the following knowledge and skills:
  • The law of persons, family law, the law of things and contracts.
  • Communication at NQF Level 4. 
    		•

    UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Explain the role of the Master in authorising the administration of an estate of persons incapable of managing their own affairs. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The need for regulation in the administration process of an estate of a person incapable of managing his/her own affairs is explained. 

    ASSESSMENT CRITERION 2 
    The tools available to the Master in regulating the administration process of an estate of a person incapable of managing their own affairs are explained. 

    ASSESSMENT CRITERION 3 
    The need for legal authority by the administrator of an estate of a person incapable of managing their own affairs is explained. 

    SPECIFIC OUTCOME 2 
    Appoint a curator bonus or tutor in terms of common law. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The Master's report to the court on receipt of the application is prepared according to legal requirements. 

    ASSESSMENT CRITERION 2 
    The jurisdiction of the Master to deal with a matter is determined. 

    ASSESSMENT CRITERION 3 
    The requirements set for making the appointment is identified and collected. 

    ASSESSMENT CRITERION 4 
    Security for the appointment of the curator is assessed and called for, if necessary. 

    ASSESSMENT CRITERION 5 
    The Letters of Appointment and covering letter are prepared according to legal requirements. 

    ASSESSMENT CRITERION 6 
    Steps are taken to ensure that the duties of the curator upon receipt of the Letter of Appointment will be followed up. 
    ASSESSMENT CRITERION RANGE 
    The immediate duties of the curator include lodging an inventory with the master and advertising his or her appointment.
     

    SPECIFIC OUTCOME 3 
    Appoint a curator personae in terms of the common law. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The master's report to the court on receipt of the application is prepared. 

    ASSESSMENT CRITERION 2 
    The jurisdiction of the Master to deal with a matter is determined. 

    ASSESSMENT CRITERION 3 
    The requirements set for making the appointment is identified and collected. 

    ASSESSMENT CRITERION 4 
    The letters of appointment and covering letter are prepared according to requirements. 

    SPECIFIC OUTCOME 4 
    Appoint an administrator in terms of the Mental Health Care Act. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The jurisdiction of the master to deal with a matter is determined. 

    ASSESSMENT CRITERION 2 
    The application is checked for compliance with the requirements set by the Mental Health Care Act. 

    ASSESSMENT CRITERION 3 
    The application is assessed for the need to carry out an investigation and the correct procedure to give effect to the decision is followed. 

    ASSESSMENT CRITERION 4 
    An interim administrator is appointed if the decision to conduct an investigation was made. 

    ASSESSMENT CRITERION 5 
    The matter is referred to a judge in chambers if necessary. 

    ASSESSMENT CRITERION 6 
    The decision regarding the appointment of an administrator is made and the correct procedure to give effect to the decision followed. 

    ASSESSMENT CRITERION 7 
    A decision regarding the need of the administrator to furnish security is made and, if necessary, steps are taken to give effect to the decision. 

    SPECIFIC OUTCOME 5 
    Appoint a co-administrator in terms of the Mental Health Care Act. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The need to appoint a co-administrator is identified. 

    ASSESSMENT CRITERION 2 
    If necessary, the co-administrator is appointed. 

    ASSESSMENT CRITERION 3 
    A decision regarding the need of the co-administrator to furnish security is made and, if necessary, steps are taken to give effect to the decision. 

    SPECIFIC OUTCOME 6 
    Appoint a curator in terms of the Prevention of Organised Crime Act 121 of 1998, as amended. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The jurisdiction of the master to deal with a matter is determined. 

    ASSESSMENT CRITERION 2 
    The application for the appointment of the curator bonus is assessed to determine if the requirements set for making an appointment are met. 

    ASSESSMENT CRITERION 3 
    A decision regarding the nature and amount of security is made and is conveyed to the nominated curator bonus. 

    ASSESSMENT CRITERION 4 
    A letter of appointment is prepared and sent to the curator bonus. 

    ASSESSMENT CRITERION 5 
    Steps are taken to follow up on the curator bonus' duty to furnish the Master with the interim report. 

    SPECIFIC OUTCOME 7 
    Appoint a curator to the estate of an absent person. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The jurisdiction of the Master to deal with a matter is determined. 

    ASSESSMENT CRITERION 2 
    The steps taken to determine the whereabouts of the absent person is assessed to determine whether the search was rigorous enough. 

    ASSESSMENT CRITERION 3 
    A decision on the necessity for the appointment is made in an open, accountable and transparent manner. 

    ASSESSMENT CRITERION 4 
    The application for the appointment of the curator bonus is assessed to determine if the requirements set for making an appointment are met. 

    ASSESSMENT CRITERION 5 
    A decision regarding the nature and amount of security is made and conveyed to the nominated curator bonus. 

    ASSESSMENT CRITERION 6 
    A letter of appointment is prepared and sent to the curator bonus. 

    ASSESSMENT CRITERION 7 
    Steps are taken to follow up on the curator bonus' duty to furnish the Master with an account. 

    SPECIFIC OUTCOME 8 
    Appoint a testamentary tutor or curator. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The type of appointment required is identified. 

    ASSESSMENT CRITERION 2 
    The powers assigned to the tutor or curator are identified and included in the letter of appointment. 

    ASSESSMENT CRITERION 3 
    The correct procedure for appointing the tutor or curator is followed. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • An individual wishing to be assessed (including through Recognition of Prior Learning) 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 
  • Chapter 4 of the Administration of Estates Act 66 of 1965, as amended.
  • Regulations in terms of section 103 of the Administration of Estates Act 1965 as amended (R473 Gazette 3425 dated 24 March 1972) in the latest amended form when assessment of the learner takes place.
  • The Mental Health Care Act 17 of 2002, as amended.
  • The Prevention of Organised Crime Act 121 of 1998, as amended.
  • The common law relating to persons and their capacity to act. 
    		•

    UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identifying and solving problems in which responses display that responsible decisions using critical and creative thinking have been made when:
  • A decision on the need for the appointment of an administrator was made. 
    		•

    UNIT STANDARD CCFO WORKING 
    Working effectively with others as a member of a team, group, organisation, and community during:
  • Decision making was conducted in an open, accountable and transparent way, involving all stakeholders. This manner of decision making is especially necessary when an administrator in terms of the Mental Health Care Act is appointed or when a curator bonus for an absent person is appointed. 
    		•

    UNIT STANDARD CCFO ORGANISING 
    Organising and managing oneself and one's activities responsibly and effectively when:
  • The appointment process is managed efficiently. 
    		•

    UNIT STANDARD CCFO COMMUNICATING 
    Communicating effectively using visual, mathematical and/or language skills in the modes of oral and/or written persuasion when:
  • The documents (letters and reports) necessary to complete the appointment process is generated in a manner that convey the message clearly. 
    		•

    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
    Elective  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 
    Elective  97228   National Certificate: Paralegal Practice  Level 5  NQF Level 05  Passed the End Date -
    Status was "Reregistered"     		 2023-06-30  As per Learning Programmes recorded against this Qual 
    Elective  49598   National Diploma: Paralegal Practice  Level 5  NQF Level 05  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.
     
    NONE 


    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.