SayPro Online Course SAQA 11516617211

Critical Cross-field Assessment:

In the form of practical experience and examinations, case studies and consultations with clients, learners will be assessed on their ability to:

1.
Identify legal issues in fact complexes presented by clients.
Analyse the nature of and determine the area of law within which a legal issue falls within the framework of South African law.
Gather all relevant legal sources for the solution of an identified legal problem.
Consider and critically evaluate all possible solutions to a specific legal problem with due regard to the responsible use of legal authorities and the interests of the client.
Seek, in a creative yet responsible manner, an appropriate solution to the problem of a particular client with due regard to the implications and consequences of that solution for that client and advise the client accordingly.
Produce authoritative substantiated legal argument in support of a solution to a given legal problem.
Draft documentation for registration in the Deeds Registry and Mining office.

2.
Demonstrate that they can work effectively with colleagues.
Listen and consider different points of view without pre-conceived bias.
Show and promote tolerance of diversity in their local community, South Africa and globally.
Demonstrate the application of acquired skills to reach consensus within the parameters of cultural and social diversity.
Realise their responsibility to assume leadership roles in society in regard to legal issues.

3.
Run and manage a notarial practice responsibly and effectively.
Manage the affairs of clients responsibly and effectively.
Put in place the necessary procedures and mechanisms to ensure that all requirements for the running of a notarial practice are fully and effectively complied with.

4.
Conduct research into legal problems.
Find all sources relevant to a given legal problem.
Analyse and critically evaluate all relevant source material to select specifically applicable material for a particular legal issue.
Organise relevant applicable material to present authoritative legal argument in support of a solution to a given problem.

5.
Analyse a fact complex, as presented by a client, and explain the legal issue involved to the client in a comprehensible manner.
Explain different available courses of action and the implications and consequences of each of these for the client.
Assist the client in making a responsible decision regarding the course of action to be taken.
Prepare legal documents in accordance with the language conventions pertaining to law.
Explain the meaning and implications of the content of legal documents to clients.

6.
Effectively use appropriate technology to find legal sources and materials, e.g. the Internet, and to communicate effectively with clients.
Recognise the ethics and legal issues involved in the use of technology and use technology responsibly.
Deal effectively with legal issues pertaining to the use of e.g. the Internet.
Stay abreast of legal developments in regard to technology.

7.
Show an understanding of the interaction between law and society in the multi-cultural South African community and seek appropriate solutions to legal issues.
Apply legal principles to solve legal issues within a constitutional democracy.
Make comparative reference to solutions in comparable legal systems, where necessary, for the solution of legal issues.
Display an appreciation of cultural and religious diversity in different legal orders.
Appreciate the position of the South African legal system within Africa and the world.
Understand and apply international law, including regional and international conventions.

Developmental Assessment:

In the form of practical experience and examinations, case studies and consultations with clients, learners will be assessed on their ability to:

1.
Relate and apply acquired theoretical knowledge to practical legal issues in real-life scenarios.
Accept guidance from senior members of the profession and benefit from their expertise.
Decide on their own method of recording practical experience for future reference.
Use appropriate methods and technology to stay abreast of legal developments.
Take responsibility for the acquisition and application of specific lawyering skills during practical training.

2.
Contribute to the realisation of a just and democratic society based on the sound interpretation of constitutional values.
Assume leadership and lead responsibly in matters relating to law in their community.
Strictly adhere to the ethics of the legal profession.
Actively participate in and respond in a responsible manner to legal issues at a local, as well as a global level.

3.
Show awareness of cultural and religious diversity and interpret this within the constitutional framework.
Seek appropriate solutions to solve internal conflicts occasioned by the diversity of personal and religious legal systems.

4.
Use their acquired knowledge base, skills and attitudes to become a notary.
Identify the skills necessary to run a notarial practice.
Deal effectively with typical problems which arise in a notarial practice by using acquired skills of critical and analytical thinking, as well as communication skills.
Contribute to the training of prospective notaries.

5.
Identify and address the need for notarial services within their community.

Specific Assessment:

In the form of practical experience and examinations, case studies and consultations with clients, learners will be assessed on their ability to:

1.
Know the various statutes, regulations, ordinances, government notices, official circulars, decided cases and common law applicable to the notarial profession.
Know the practice, junctions, ethics, duties, obligations of notaries and the professional conduct expected from them.
Analyse and critically evaluate notarial matters.
Apply their acquired knowledge and skills to manage a legal notarial practice.
Use sources of law to research legal problems within the area of expertise of a notary.
Offer appropriate legal advice and solutions.

2.
Comply with the formalities for the validity of all documents dealt with by notaries.
Prepare and draft all notarial deeds such as deeds of servitude, notarial bonds, ante-nuptial and post-nuptial contracts, etc. which comply with all legal requirements.
Draft documentation for registration in the Deeds Registry and Mining Titles office.
Authenticate documentation for despatch both locally and overseas.

3.
Comply with the formalities in regard to the execution and registration of all types of notarial deeds.
Use their acquired knowledge to respond to and resolve queries by the relevant registration authorities.

4.
Effectively conduct oral consultations with clients.
Extract all relevant information from clients and provide informed and appropriate feedback.
Explain the legal position to a client, orally or in writing, and advise the client on the appropriate legal action to be taken.
Deal responsibly and effectively with queries of clients, colleagues and officials.
Communicate and correspond effectively with clients, colleagues, officials and institutions on all matters relating to notarial practice.

Integrated assessment:

1. Candidates are continuously evaluated on practical experience.

2. Summative assessment: An official admission examination assesses the totality of outcomes in an integrated manner; the learner’s ability to manage and integrate a large body of knowledge to achieve the stated outcomes is assessed. This includes the assessment of drafting skills, research skills, as well as critical and analytical thinking and the ability to reach substantiated solutions in practical situations.

3. The High Court admits candidates as notaries upon application to the Court on condition that they have complied with all statutory requirements for such admission.