Demonstrate An Understanding Of South African Law And The Legal System With Specific Emphasis On Paralegalism Training

Objectives:
• Define key legal concepts and the role of law in society.
• Identify the sources of South African law.
• Explain the structure of the South African legal system.
• Distinguish between different branches of law (public vs private).

Topics:
• What is law? Purpose and functions.
• Sources of South African law: Constitution, legislation, common law, case law, custom.
• Overview of the legal system: courts, legislature, executive.
• Branches of law: public law (constitutional, criminal, administrative) and private law (contract, delict, property).
• Introduction to legal terminology.

Objectives:
• Explain the supremacy of the Constitution.
• Identify the key provisions of the Bill of Rights.
• Understand the application of rights and limitations.
• Discuss the role of the Constitutional Court.

Topics:
• The Constitution of the Republic of South Africa, 1996.
• Supremacy clause and rule of law.
• Structure and content of the Bill of Rights.
• Application of rights: vertical and horizontal.
• Limitation of rights (section 36).
• Enforcement of rights: standing and remedies.
• Role of the Constitutional Court and its jurisdiction.

Objectives:
• Describe the structure of the South African court system.
• Understand jurisdiction of each court.
• Explain the hierarchy and appeal process.
• Identify specialized courts and their functions.

Topics:
• Lower courts: Magistrates' Courts (district and regional).
• High Courts: divisions and jurisdiction.
• Supreme Court of Appeal.
• Constitutional Court.
• Specialized courts: Labour Court, Land Claims Court, Electoral Court, etc.
• Small Claims Court.
• Judicial officers and their roles.
• Court procedures and case flow.

Objectives:
• Identify the different legal professions and their roles.
• Understand the regulatory framework for legal practitioners.
• Explain the core ethical duties of a paralegal.
• Discuss the importance of confidentiality and conflict of interest.

Topics:
• Legal profession: attorneys, advocates, paralegals, legal advisors.
• Regulation: Legal Practice Act, Legal Practice Council.
• Role of paralegals: scope of practice, limitations.
• Ethical duties: confidentiality, conflict of interest, competence.
• Professional conduct and disciplinary procedures.
• Access to justice and pro bono services.

Objectives:
• Identify primary and secondary sources of law.
• Understand how to find and interpret legislation, case law, and other legal materials.
• Apply basic legal research techniques.
• Use citation formats correctly.

Topics:
• Primary sources: Constitution, statutes, regulations, case law.
• Secondary sources: textbooks, journal articles, law reports.
• Legal research methodology: identifying issues, finding sources, updating.
• Using online legal databases (e.g., SAFLII, LexisNexis).
• Reading and understanding case citations.
• Interpreting statutes: literal, purposive, contextual approaches.
• Preparing a legal memorandum.

Objectives:
• Define criminal law and its elements.
• Understand the criminal justice process from arrest to trial.
• Explain the rights of accused persons.
• Describe the role of paralegals in criminal matters.

Topics:
• Elements of a crime: actus reus, mens rea.
• Classification of offences: felonies, misdemeanours, common law vs statutory.
• Criminal procedure: arrest, bail, charge, trial, sentencing.
• Rights of accused: section 35 of the Constitution.
• Role of paralegals: client interviews, gathering evidence, drafting statements.
• Victim support and impact statements.
• Sentencing options and appeals.

Objectives:
• Distinguish between civil and criminal law.
• Understand the stages of civil litigation.
• Identify alternative dispute resolution methods.
• Explain the paralegal's role in civil matters.

Topics:
• Civil law: contract, delict, property, family law.
• Civil procedure: summons, pleadings, discovery, trial, judgment.
• Jurisdiction and choice of forum.
• Alternative dispute resolution: negotiation, mediation, arbitration.
• Drafting simple pleadings and notices.
• Role of paralegals: document management, client communication, trial preparation.
• Enforcement of judgments.

Objectives:
• Understand basic labour law principles.
• Identify the institutions for labour dispute resolution.
• Explain the rights of employees and employers.
• Describe the paralegal's role in labour matters.

Topics:
• Labour legislation: Labour Relations Act, Basic Conditions of Employment Act, Employment Equity Act.
• Rights: unfair dismissal, unfair labour practices.
• CCMA and Labour Court procedures.
• Collective bargaining and trade unions.
• Workplace disputes: misconduct, incapacity, operational requirements.
• Role of paralegals: assisting with referrals, representation at CCMA.
• Drafting of contracts and policies.

Objectives:
• Understand key aspects of family law.
• Identify legal issues relating to marriage, divorce, and children.
• Explain the role of the Department of Social Development.
• Discuss paralegal involvement in family matters.

Topics:
• Marriage: requirements, types (civil, customary, religious).
• Divorce: grounds, procedure, ancillary orders.
• Children: parental responsibilities and rights, maintenance, custody.
• Domestic violence: Protection from Domestic Violence Act.
• Maintenance enquiries and maintenance courts.
• Child protection and foster care.
• Role of paralegals: referrals, completion of forms, support.

Objectives:
• Understand property rights and land reform.
• Identify legal issues in housing and evictions.
• Explain the role of the Land Claims Court.
• Describe paralegal assistance in land matters.

Topics:
• Property law: ownership, possession, servitudes.
• Land reform: Restitution of Land Rights Act, Land Reform (Labour Tenants) Act.
• Housing: Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE).
• Rental housing: Rental Housing Act, leases.
• Eviction procedures and defences.
• Role of paralegals: client advice, referrals, mediation.
• Land Claims Court and Commission.

Objectives:
• Understand consumer rights under the Consumer Protection Act.
• Explain administrative law principles.
• Identify avenues for consumer redress.
• Discuss paralegal role in consumer and administrative matters.

Topics:
• Consumer Protection Act: rights, remedies, prohibited conduct.
• National Credit Act: credit agreements, debt counselling.
• Administrative law: right to just administrative action (section 33 of Constitution).
• Promotion of Access to Information Act (PAIA).
• Promotion of Administrative Justice Act (PAJA).
• Ombudsman schemes: banking, insurance, etc.
• Role of paralegals: assisting with complaints, letters, referrals.

Objectives:
• Synthesize knowledge from all days.
• Apply legal principles to realistic scenarios.
• Demonstrate competence in paralegal tasks.
• Prepare for the unit standard assessment.

Topics:
• Case studies: criminal, civil, labour, family, consumer.
• Drafting exercises: letters, affidavits, memoranda.
• Role-play: client interview, referral, advice.
• Ethics in practice: scenarios.
• Review of key concepts.
• Assessment preparation: format, expectations.
• Final Q&A and feedback.