Professional Documents
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XBLAW8419MM
XBLAW8419MM
BACHELOR OF LAWS
XBLAW8419
WORK INTEGRATED LEARNING
MODULE MANUAL 2024
(First Edition 2021)
This manual enjoys copyright under the Berne Convention. In terms of the Copyright Act, no
98 of 1978, no part of this manual may be reproduced or transmitted in any form or by any
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Table of Contents
1. Introduction .......................................................................................................................5
2. The Purpose of WIL ............................................................................................................5
3. WIL Role Players ................................................................................................................6
4. Assessment of WIL .............................................................................................................7
4.1 Portfolio of Evidence ..................................................................................................7
4.2 Peer/Self-Evaluations and Attendance.......................................................................8
4.3 Oral Presentations ......................................................................................................8
4.4 Work-placement pre-orientation ...............................................................................8
5. Qualification Summary ......................................................................................................9
6. MODULE SUMMARY ....................................................................................................... 11
7. Pacer ............................................................................................................................... 12
8. Detailed WIL Requirements ............................................................................................ 14
ANNEXURE A: Parts ................................................................................................................. 15
ANNEXURE B – Tariffs .............................................................................................................. 37
ANNEXURE C – Marking Rubrics .............................................................................................. 41
ANNEXURE D ........................................................................................................................... 49
ANNEXURE E ............................................................................................................................ 50
ANNEXURE F ............................................................................................................................ 51
ANNEXURE G ........................................................................................................................... 53
ANNEXURE H - PRESENTATION RUBRIC .................................................................................. 60
ANNEXURE I – Community Engagement Rubric ...................................................................... 63
ANNEXURE J............................................................................................................................. 68
ANNEXURE K ............................................................................................................................ 69
1 Introduction .................................................................................................................... 70
2 Progressing from student-life to work-life ..................................................................... 70
3 Behaviour in the workplace ............................................................................................ 72
3.1 Communication skills ............................................................................................... 73
3.1.1 Meetings .......................................................................................................... 74
3.1.2 Telephone Etiquette ........................................................................................ 75
3.2 Working with others: teamwork and group work ................................................... 75
3.2.1 Office politics and social protocols .................................................................. 76
3.2.2. Professional networking .................................................................................. 76
4 Ethics, trust, honesty and integrity ................................................................................. 77
5 Managing professional spaces and appearances ........................................................... 77
6 Behaviour and conduct outside of working hours.......................................................... 78
7 Contracts and legal matters............................................................................................ 78
8 In Closing......................................................................................................................... 78
1. Introduction
Work placement is a special type of Work Integrated Learning (WIL) in which workplace
activities are prioritised. This type of experiential learning occurs through activities designed
to analyse situations that may be present in workplaces, simulate the workplace, or, through
active participation in a workplace. The site for work placement for 2023 is either ProBono.Org
or the IIEVC Community Law Clinic situated at Durban North (IIEVC CLC) for Durban North and
Westville students.
The key differences between WIL modules and all other modules in a qualification are that, in
the WIL module, you need to use all the knowledge and skills that you have developed in all
of your modules up to that point, and, further develop your abilities to reflect on yourself and
your peers.
The purpose of having a WIL module in a qualification is to bring together all the knowledge
and skills gained into one consolidated project thereby enabling you, the student, to integrate
what you have learnt in several modules and demonstrate that you are able to apply it to solve
a workplace type problem. Through the WIL Modules, additional attention can be given to
what SAQA calls Critical Crossfield Outcomes (CCFOs) or what is now more generally known
internationally as global competencies. These include:
CCFO1: Identify and solve problems in which responses demonstrate that responsible
decisions using critical and creative thinking have been made.
CCFO2: Work effectively with others as a member of a team, group, organisation,
community.
CCFO3: Organise and manage oneself and one’s activities responsibly and effectively.
CCFO4: Collect, analyse, organise and critically evaluate information.
CCFO5: Communicate effectively using visual, mathematical and/or language skills in the
modes of oral and/or written presentation.
CCFO6: Use science and technology effectively and critically, showing responsibility
towards the environment and health of others.
CCFO7: Demonstrate an understanding of the world as a set of related systems by
recognising that problem-solving contexts do not exist in isolation.
CCFO8: In order to contribute to the full personal development of each learner and the
social and economic development of the society at large, it must be the underlying
intention of any programme of learning to make an individual aware of the
importance of:
The application of CCFOs or global competencies is largely context and discipline dependent.
1. The student – the student is expected to attend all scheduled sessions (in person or in
the case of distance students remotely), to meet deadlines, and collect and prepare
evidence aligned to expectations as set out in the relevant WIL Module Manual. If a
letter is required to make contact with stakeholders from the industry, the student must
request such letters from the WIL Coordinator.
2. IIE approved lecturers – designated to guide, mentor, assess and monitor students’
academic progress in the WIL module.
3. External role players in the workplace – takes responsibility for mentoring the student,
ensuring the student completes suitable work experiences and monitors the student’s
attendance.
4. Assessment of WIL
Assessment of Work-Integrated Learning (WIL) should be based on the design of the learning
component of the programme expectations and stated outcomes. In addition, the assessment
of WIL is governed by the principles in The IIE Assessment Strategy and Policy (IIE009) and the
IIE Work-Integrated Learning Policy (IIE006).
• POE;
• Self-reflective report/evaluation;
• Peer evaluations;
• Oral presentation.
A Portfolio of Evidence (PoE) is a collection of materials that illustrates a person’s skills and
capabilities. A PoE also typically includes reflecting on the learning process and is the place
(usually a file) where documents are collected for one or both of the following purposes:
• Cover Page;
• Table of Contents;
• Group name and members or in the case of individual POEs the individual’s name
• individual tasks
• group tasks where these are applicable
• Declaration of Authenticity (Annexure E);
• Peer evaluations (Annexure F);
• Self-evaluation reflective report (Annexure G);
• Presentation rubric (Annexure H).
4.2 Peer/Self-Evaluations
Because reflection is such an important part of the WIL modules, students will be assessed on
their reflections and insights gained while engaging in work-like activities. Students will be
assessed both on their ability to reflect on themselves (called a “self-learning evaluation”),
and will evaluate other students, or their peers (called a “peer evaluation”). All of the self-
learning evaluations and peer evaluations will be standardised across all the WIL modules, and
will be weighted differently across the various years. The students are to complete the peer
evaluation questionnaire (Annexure F) and the self-evaluation reflective report (Annexure G).
All WIL modules are set up on Learn and students are required to do their self-reflections and
journals on WIL using the journaling tool.
Each student in the group will be evaluated according to the presentation rubric (Annexure
H).
There are two main components of oral presentations, namely, a verbal component and a
written component. The verbal component focuses on the oral, or spoken, portion of the
presentation during which aspects such as tone, delivery, language and authenticity of
engagement are assessed. Your attention is drawn to criteria 4 of the marking rubric which
focuses on the correctness of subject matter.
A total of 24 hours will be spent at ProBono.Org or the IIEVC CLC (Durban North and Westville
students).Before the community engagement sessions/week commence, your lecturer (or a
person designated by the Programme Manager: Law) will engage students on workplace
etiquette. In particular, students will be prepared on how to engage with the supervising
attorney, clients as well as other staff employed by ProBono.Org or the IIEVC CLC. Where
possible, students will be informed of the nature of the client engagement that will take place
a day or two beforehand. It is incumbent on the student to go over their study notes on the
particular subject matter in preparation for the engagement. For example, if the client you
will be engaging with requires a last will and testament to be drafted, the student must read
through their study notes from the 2nd-year of study (and prescribed textbook if you still have
it) in preparation for the consultation.
• Labour law
• Law of Succession and Administration of Estates
• Family Law (divorce, maintenance)
• Housing/Refugee Law (not currently offered on the Bachelor of Law thus will require
more research from students than the other subjects listed above.)
Each campus together with the National Programme Operations Manager, will schedule the
community engagement sessions and inform students of the dates.
5. Qualification Summary
6. MODULE SUMMARY
ITEM DESCRIPTION
Faculty Faculty of Law
Qualification Bachelor of Laws
Module Name Work Integrated Learning (WIL) 4
Module Code XBLAW8419
Module Purpose The purpose of this module is expose students to clinical law services
through work-integrated learning programmes. Students will also
undertake tasks relevant to practice management, case
management and professional engagement, undertaken in practice
both during their practical work experience and as written tasks.
MO1: Provide clinical law services through community engagement
under the guidance of a legal practitioner
MO2: Employ different forms of legal argument using appropriate
Module Outcomes
language for audience and tailored for attorney-client interaction
MO3: Demonstrate proficiency in the areas of practice management
and case management
Credits 15
Notional Hours 150
Type of WIL Problem-based, Simulation and Work Placement
Personal Computer
Tools & Resources Microsoft® Office 365
Internet etc.
7. Pacer
Students need to communicate with the lecturer on the progression of their project during the
assessment points, highlight constraints and problems (externally and within their group), participate
in class discussions, and submit evidence of their project progression.
Assessment points are indicated on the Pacer which describes the various milestones. Each milestone
represents an assessment point.
ANNEXURE A: Parts
Alice is deeply troubled. On 5 February 2018, Alice’s husband, Leonard, was killed in a motor vehicle
collision. This gave rise to Alice having a claim for damages in the form of loss of support against
the Road Accident Fund (RAF) under the Road Accident Fund Act 56 of 1956 (The RAF Act). Alice
initially instructed a firm of attorneys, Harlequin Attorneys, to pursue her claim against the RAF.
They accepted the instruction and lodged the claim, but they failed to issue summons on time. The
claim has therefore prescribed and she wants to sue Harlequin Attorneys for professional
negligence. Her claim against Harlequin Attorneys is for R 1 000 000 – 00 (One million Rand), being
the amount that Alice would have been entitled to recover for loss of support from the RAF had
Alice’s claim not been allowed to prescribe by Harlequin Attorneys.
This means that, had Harlequin Attorneys pursued the claim against the RAF on Alice’s behalf, they
would have recovered R 1 000 000 and Alice would have had to pay R 800 000 to Excellent
Insurance, leaving her with a balance of R 200 000 and she would have continued to receive the
pension as set out in the CJP.
Harlequin Attorneys are of the view that Alice does not need to indemnify Excellent Insurance to
any extent concerning her damages recovered from them, resulting in her suffering damages of R
200 000 only for professional negligence, not R 1 000 000. Should they be required to pay R
1 000 000, Alice would be better off by R 800 000 than she would have been if they did not allow
her claim to prescribe. Alice is of the view that, in terms of the CJP, she is obliged to indemnify
Excellent Insurance out of the damages recovered from any third party to the extent of the benefit
payable by Excellent Insurance in the CJP. Alternatively, Alice believes that her claim against
Harlequin Attorneys is for loss of support as a result of Leonard’s death and that, in terms of section
1 (1) of the Assessment of Damages Act 9 of 1969, the insurance money payable to her (that being
the R 800 000) may not be taken into account in assessing her damages claimed from Harlequin
attorneys.
Q.1.1 You are aware that you will have to use inductive and deductive reasoning to
arrive at a suitable conclusion concerning the likelihood of success of this case
for Alice. In this regard, you consult the case of Erasmus Ferreira & Ackermann v
Francis 2010 (2) SA 228 (SCA) for guidance.
In the form of a legal memorandum, you are required to analyse the following,
and to do so in plain simple language that will be easy for Alice to understand:
Q.1.1.1 What inductive reasoning refers to and how the court used inductive (20)
reasoning as part of its judgment in this case.
Q.1.1.2 What deductive reasoning refers to and how the court used (20)
deductive reasoning as part of its judgment in this case.
Q.1.2 The next day, you are visited by a colleague who is a prosecutor in a criminal
matter that is going to be appealed at the Supreme Court of Appeal in two weeks’
time. He tells you that the matter concerns two individuals who were convicted
of rape in the South Gauteng Local Division of the High Court in Johannesburg.
The first appellant is appealing his conviction and sentence, while the second
appellant is only appealing against his sentence. The main argument that they
seek to raise is that the identification by the complainant (as such, the victim)
was incorrect, and that there were differences in the complainant’s oral
evidence and her witness statement.
Q.1.3 Return to the set of facts in Q.1.1 above. Using Crombag’s “seven-step” process, (20)
analyse the set of facts so as to go from “problem to decision.” As part of your
answer, you are required to briefly discuss what each step entails and how you
would approach the set of facts concerning Alice through each step.
A rubric is provided to assist you with what is required for you to do in order to
answer this question.
Case Study:
Patrick Juror accepted a position as a professional assistant at the law firm Aletta Prudence
Incorporated. However, as Ms Prudence progressively became sicklier, Patrick took on more and
more responsibility in the firm. Ms Prudence offered to sell the firm to Patrick and he gladly
accepted the offer. The new firm Juror and Prudence Inc, continued to operate in the same house
situated on Windermere Road, Morningside, Durban. When Patrick arrived at the firm in 1 February
2019, he took note of the aging infrastructure, old and outdated computer equipment and Ms
Prudence’s aging employees. A year later and it was all his!
There was a very relaxed atmosphere in this firm and Ms Prudence treated her staff as family. As a
result, when Beatrice (aged 53) the bookkeeper had a migraine, she would simply announce that
she was leaving early. In fact, Patrick observed that Beatrice did this often, whether or not she had
a headache. Beatrice is what one would call “old-school”. Beatrice still did the firms books, using
books – paper-based ledgers, cashbook and journals and often took the books home to work on
them. Despite all of Ms Prudence’s efforts, Beatrice refused to ‘migrate’ to an online accounting
system. As a result, the firm also employed, on a part-time basis, Nina as an accounting clerk. Nina
captures transactions once-a-month and prints an age-analysis for Ms Prudence. While no issues
were ever found during the annual audit, Patrick knows that these arrangements are not
sustainable. Beatrice also types statements of account on an old typewriter.
Mbazo Mapumulo (fondly known as ‘Baz’ by all) had been with the firm for 30 years. Baz started
working at the firm as a filing clerk and messenger shortly before Ms Prudence bought the firm in
1990. Like Beatrice, Baz often suffers from age-related aches and pains and when his back is “out”,
no filing or serving of documents occur. Baz also seems to have his own filing system and this
includes a cabinet labelled “friends” – containing files of Ms Prudence’s friends for whom she
provides free legal services.
The only person who seems to understand the meaning of the word “urgent” is Miranda, Ms
Prudence’s personal assistant. Miranda is also a part-time law student and the youngest member
of staff. On days when Baz’s back is out, Miranda would often serve and file matters herself.
Saloshnie is the part-time receptionist and cashier. When Saloshnie leaves in the afternoon, Baz,
Beatrice and Miranda take turns “manning” the reception and accepting payments. Patrick noticed
that there were serious inconsistencies in the way each of the staff members handled cash and was
particularly concerned that cash is often kept in the safe for days before Beatrice does the banking.
An investigation of the staffing files indicates that Ms Prudence had been paying for retirement
annuities for both Baz and Beatrice.
The records indicate that because Baz and Beatrice had been employed with the firm for such a
long time, they were earning salaries that were incommensurate with the amount of work they did.
Ms Prudence simply gave them an increase each year. In spite of being an experienced labour
attorney, Ms Prudence did not have code of conduct in place.
After Ms Prudence left the firm, Patrick discovers a white board on which Ms Prudence listed the
names of certain files and the prescription dates. The first telephone account arrives. Patrick asks
staff to reconcile the telephone numbers recorded with file numbers so as to establish whether or
not clients had been charged. In most instances, no record (file note) was completed and filed and
come month-end, no fees would be charged.
It seemed that no distinction was made between dead-files (closed matters) and on-going matters.
Old receipt books seemed to be lying around in the storeroom and old accounting records seemed
to be filed in different places. There did not seem to be a system in place or proper logs kept of
what was filed, when and what was due to be destroyed. Patrick started working longer hours,
sometimes pulling diarised files himself and trying to bring some sort of order to the file storage.
The firm cannot afford a temporary assistant to help sort out the filing, neither can it afford to pay
Baz overtime to sort the mess. Patrick slept in the offices two days in a row and has been in a foul
mood. The cost order that was awarded against him after requesting a postponement, has only
made matters worse.
There is other staff conduct that Patrick is unaware off. The staff have nick-names for the not-so-
nice clients. Whenever one of “those” clients arrives at reception, Saloshnie secretly takes a photo
of the client and sends it to the staff on their WhatsApp group. Saloshnie has also taken photos of
some of their famous clients and on a number of occasions, these photographs have been shared
beyond the staff’s WhatsApp group. When Miranda realised who Mr Werner was (see Q.2.3 and
2.4.), she took a photo of Mr Werner’s letter of engagement and sent it to her childhood friend,
Tammy.
Q.2.1 Consider some of the issues outlined in case study as well as Q.2.3 and Q.2.4 (15)
below. Your discussion should identify and discuss issues that would need to be
addressed in the firm’s risk management plan. Your answer should also address
the legal practitioner’s obligations to have a risk management and compliance
programme in place.
Q.2.2 Briefly explain what is meant by “risk mitigation” and how risk may be averted (10)
when accepting new matters as well as with prescription of matters.
Q.2.3 The following facts pertain to this question only. Miranda takes study leave for a
week. During her absence, Mr Mario Werna telephones the office and Saloshnie
books an appointment for him for the next day. Patrick is excited at the prospect
of a new client. Mr Werna arrives at the office and consults with Patrick. Patrick
accepts the instructions and makes the following notes:
Case 1:
Client’s instructions:
Send letter of demand (LOD) and proceed with summons if Manning does not
respond.
Case 2:
Clients’ instructions:
Send letter of demand (LOD) and proceed with summons if Trotter does not make
an offer to settle.
Case 3:
Clients’ instructions:
Send letter of demand (LOD) and proceed with summons if von Bessik does not
settle.
Miranda returns to work on 12 June 2020. On her desk, she finds three bundles
of documents and a note from Patrick:
“Dear Miranda, I am in court today and tomorrow. Open the three files. Details
can be found in the various bundles. The matters were urgent, so I typed the
letters of demand myself. LODs were sent by registered mail on 1 June 2020. Ask
Baz for the registered slip and file it, as well the proof of collection. See client’s
instructions in all three matters – to proceed to summons if not settled.”
Q.2.3.1 Assume for this question only that the letter of demand (LOD) (15)
was dated 1 June and posted on the same day. The LOD gave
Mr Manning seven days from date of receipt in which to settle
the debt. Assume that the LOD was collected from the post
office on 10 June.
Hint:
Q.2.4 Assume that after Miranda opens the three files, she receives a telephone call
from Mr Bessik. He offers to settle the debt. He offers to pay R3000
immediately and the balance in instalments of R3000. You advise him that an
acknowledgement of debt will be signed and that he will pay both interest at
the rate of 15% as well as collection commission of 10%.
(Note: you do not have to draft the acknowledgement of debt.)
Q.2.4.1 Mr Bessik, in addition to the capital owed, is liable for the cost (15)
of the letter of demand, postage. Miranda telephones the
client and informs him that Mr Bessik has offered to settle the
debt in instalments. Client is happy but instructs Miranda to
accept the offer and not to charge Mr Bessik for the LOD or
disbursements. Interest is to run from the date of receipt of
the LOD, that is 10 June 2020.
Q.2.4.2 Write a file note in which you record the contents of the (5)
telephonic conversation with Mr Werna.
Q.2.4.3 Assume for this question only that when Miranda speaks with (15)
Mr Werna telephonically, she recognises him as being a local
gangster in the township where she grew up.
Q.2.5 Assume for this question only that prior to Ms Prudence retiring, she and Patrick (7)
were directors of Juror’s & Prudence Inc for a period of six months from March
2020 to August 2020. Due to Ms Prudence’s failing health, she sells her shares in
the firm to Patrick and as of 1 September 2020, Patrick is the sole director of the
firm. As a result of Aletta Prudence’s retirement, the firm’s older clients have not
given Patrick any new work. The income of the firm drastically declined and
Patrick is unable to pay a number of creditors. Briefly explain whether or not
Patrick can be held personally liable for the debts of the firm.
Q.2.6 Address some of the issues associated with the firms accounting practices as (8)
outlined in the case study. Your answer should include a discussion of the
requirements for accounting as set out in the Legal Practice Act, 2014, rules and
regulations.
Note: The totals for sections A, B and C will be reduced to a mark out of 100 (actual mark/250 x
100)
Q.3.1 Patrick’s best friend Rudi inherited a farm from his late grandfather. The farm is (5)
located in Barberton. Whilst looking to drill another borehole, a sonar reveals a
gas reservoir on the land. Rudi seeks Patrick’s advice on mining the gas field.
Patrick does not feel confident with the subject matter. His case load since the
retirement of Ms Prudence has doubled. Although outside of his area of
expertise, Patrick foresees many lucrative deals emerging in the future. What are
your views – should Patrick accept these new instructions? Provide a reason for
your answer.
Q.3.2 Assume that your client gave you a particular instruction in relation to matter (10)
discussed in Task 3A. Write a letter to the client, informing them of the stage you
are at in the proceedings/matter and seeking instructions for the next step.
Q.3.3 Assume for this question only that your client’s claim for damages arises out of a
motor vehicle collision. Your client’s proven damages amount to R750 000 (seven
hundred and fifty thousand rand). The defendant in her plea denies that her
negligence was the sole cause of the collision and in her prayer, asks that the
court dismiss your client’s claim or alternatively, that your client’s damages be
reduced to the extent of his fault.
Q.3.3.1 Assume that the court does indeed find contributory negligence (5)
and apportions fault as follows: 80% defendant and 20%
plaintiff. Calculate the amount your client may recover from the
defendant.
Q.3.3.2 The defendant (now judgement debtor) offers to pay off the (5)
judgement plus costs as awarded, in terms, over a period of 12
months. You are not happy with this offer because you believe
that the defendant is just stalling. Briefly explain how you would
handle this offer to settle, providing reasons for your answer.
Q.3.3.3 You consulted with your client twice, each consultation taking (20)
one hour and 15 minutes. You attended court on the trial for
four and a half hours. Total return travelling time between
your office and the court is ¾’s of an hour. You debit your
client with a total traveling costs of 10km at the rate of
R3.00/km. You and client agreed upon a fee of R1000 per
hour. Client paid a deposit of R3000.
Q.3.4 What are your views of Ms Prudence keeping a ‘prescription-monitoring’ list of (10)
matters on the white board in her office? Do you think this is an effective way in
which to keep track of prescription dates?
Explain the value that a prescription service would add to the practice. Your
answer must include a discussion of:
NB: Further research beyond the prescribed textbook may be required for this
answer.
Q.3.5 Patrick received instructions to defend a matter. His client, Mr Bojack Johnson (45)
was served a summons. On 1 February 2022, Bojack was involved in an argument
with Diane Hewson over a parking spot in a local mall. On 1 March 2022, Diane
issued summons against Bojack for the amount of R 190 000 which was the
damages that were quantified not only for damages to her vehicle but also for
medical expenses related to the injuries that she sustained on the day that the
argument took place. This shocked Bojack because he is adamant that he walked
away from Diane eventually, not willing to argue with her further, got in his car
and left the local mall. In the local district magistrates’ court, you were able to
show that Bojack was not in fact responsible for Diane’s damages because Diane
was in fact wrong about Bojack being the wrongdoer in the situation.
It came to the court’s attention that Diane got into a very serious fight with
another person not long after Bojack left the local mall and she thought this
person had an uncanny resemblance to Bojack, when it was in fact someone else.
In this regard, Diane’s claim was dismissed and Bojack’s counterclaim (or claim in
reconvention) for the amount of R 150 000 (being compensation that Bojack was
claiming for defamation) was successfully granted by the court.
Taking into account the given scenario above, you are required to draft a bill of
costs by making use of the applicable Magistrates Court Tariffs schedule (hereto
attached as annexure B.)
In order to draft the bill of costs, you refer back to Bojack’s client file which has
the following itemised entries:
Date Details
6 June 2022 First consultation with client – took instructions (120 minutes)
7 June 2022 Notice of Intention to Defend drafted (one page)
Served and filed Notice of Intention to Defend at court
8 June 2022 Consultation – plea (60 minutes)
9 June 2022 Drafted plea (four pages)
Drafted counterclaim / claim in reconvention (two pages)
10 June 2022 Served and filed plea and counterclaim
13 June 2022 Telephone call to Sammy Seahouse (potential witness) to
confirm consultation on 14 June 2022
(15 minutes)
14 June 2022 Consultation with Sammy Seahouse – to record witness
statement (60 minutes)
15 June 2022 Received and perused plaintiff’s notice of discovery (one page)
17 June 2022 Perused plaintiff’s discovery affidavit (four pages)
Drafted discovery notice (two pages)
20 June 2022 Made two sets of copies of discovery notice (four pages)
22 June 2022 Letter sent to client providing update on matter and requesting
further consultation, sent via e-mail.
(two pages)
24 June 2022 Consultation with client (75 minutes)
27 June 2022 Perused plaintiff’s request for further particulars to prepare for
trial (five pages)
28 June 2022 Indexed and paginated court file (two hours)
30 June 2022 Prepared for trial
5 July 2022 Attended court for trial (three hours 30 minutes)
PLEASE NOTE:
• You may assume for purposes of this question that nothing has been
taxed off.
• Do not calculate the allocatur but you must ensure that all standard line
items for the allocatur are included in your bill of your costs.
• Marks are to be awarded as follows:
o Drafting of the Bill of Costs (including headings) – 40 marks.
o Skill (workings and calculations to be reflected separately) – 5
marks.
Assume for this task only that Miranda left the firm to take up articles of clerkship at Bishops Law
Inc, a large well-established law firm in the city. Miranda and Patrick “go public” with their
relationship and the couple become engaged. Miranda passed all of the competency examinations
(board exams) and will soon make application for admission as an attorney. Due to all the pressure
that Patrick is experiencing at Juror and Prudence, and for the sake of their future married
relationship, Miranda is thinking twice about working as an attorney after she is admitted.
Imagine that you are in the same position as Miranda. Your candidate legal practitioner contract is
close to ending and you have passed your competency examinations. Use the knowledge acquired
in LAES7411 (as well as COGO8412, INGL8412 if you are registered for either one of these electives.)
• Imagine yourself practicing law in a different way from conventional legal practice.
• What will you do? Reflect on the niche legal services or peripheral services to legal practice
that are available or that you think should be offered.
• You may even consider entering into legal practice but offering a specialized service in an
emerging field or specialized branch/area of law. With this in mind, decide on a service(s) will
you provide. Justify the need.
• Demonstrate how you will you go about setting up your business or operate as a professional
independent contractor offering your services to other legal practitioners.
• Apply the relevant statutory compliance requirements for the type of business that you
select.
• Write a business proposal that you could potentially deliver to a prospective client or a bank
in order to obtain finances for the new venture.
• Your business proposal must include the following:
• The problem or issue for which you will provide a solution (problem statement)
• Features of the niche/peripheral service and how it will benefit a prospective client
• An overarching summary/essay in which you provide the background and or
introduction, a body and conclusion.
HINT: if you are not registered for COGO8412 or INGL8412, make an appointment with the
lecturer for the module(s) to discuss how the content these modules might impact this task.
Incorporate the discussion into your proposal. Also consider interviewing your lecturers who still
maintain private practices or legal practitioners in your social networks and enquire about what
they wish they could outsource or have outsourced, possible areas of specialisation, etc. You may
make up additional facts required to make the proposal/essay plausible or realistic.
CAUTION:
If AI is used to generate research, please reference the source; verify the content; tailor to suit the
South African context; and properly paraphrase.
Students will form groups of two, each having a turn to play the role of interviewer (attorney),
interviewee (client). Your lecturer will act as assessor/evaluator using the rubric (Annexure H) to
evaluate the interview.
Marika Bikha is suing her husband for a divorce. Mr Bikha entered an appearance to defend. The
plaintiff is represented by your firm. These are matters in dispute:
• Plaintiff claims that she is a victim of domestic violence although she has not obtained an
interdict against the defendant in this regard.
• Plaintiff claims that defendant should forfeit his half-share of the house, alternatively that
the parties remain joint co-owners of the marital home until the children reach 18 years of
age.
• Plaintiff does not want the defendant to have unsupervised contact with the minor children,
twins aged 9.
• Defendant wants joint care of the minor children.
• The defendant demands maintenance from the plaintiff in his counterclaim.
• The plaintiff doesn’t believe that the defendant is entitled to a share in her pension.
The couple agreed to attend mediation and the defendant’s attorney agreed to reduce to writing
the resolutions reached and draft the settlement agreement containing addressing the various
outstanding matters that were in dispute.
Peruse the attached settlement agreement and explain the various clauses, in plain language to the
plaintiff.
Instructions:
• This is an oral assessment to be performed in a group of two. Each partner will have an
opportunity to role play attorney and client. As a client, compose possible questions that you
would ask of the legal practitioner, for example, an explanation of terms or the legal
consequences that flow from the particular clause. As a legal practitioner, compose possible
statements and answers to your client’s questions which bring clarity to terms and explain
the legal consequences that flow from the particular clause.
• develop a script (dialogue between legal practitioner and client), consisting of no more than
two to three pages which focuses on the main clauses relating to the parties’ dispute. A
maximum of 15 minutes will be allocated to each student. The mark allocation for this task
includes:
• Quality of Script
• Correctness of content in relation to the various clauses and the facts
• The individual student’s performance in the dialogue
M Bikha Plaintiff
and
R Bikha Defendant
___________________________________________________________________________
DIVORCE SETTLEMENT AGREEMENT
1. DEFINITIONS
1.1 In this agreement the following words shall have the meanings assigned to them as
contained hereunder:
1.1.1 HUSBAND – Mr. Roman Bikha who is the Defendant in this matter.
1.1.2 WIFE – Mrs. Marika Bhika who is the Plaintiff in this matter.
1.1.3 “MINOR CHILDREN” – The twins born out of the marriage between the Plaintiff and
the Defendant.
1.2 The headings shall be deemed to have been included for purposes of convenience
only and shall not affect the interpretation of the agreement.
1.3 Unless inconsistent with the context, words relating to any gender shall include the
other gender, words relating to the singular shall include the plural and vice versa and
words relating to the natural persons shall include associations of persons having
corporate status by statute or common law.
2. PREAMBLE
2.1 The parties were married to each other out of community of property with the accrual
system at Durban on the 5th of December 2012.
2.2 The parties agree that their marriage has irretrievably broken down and that they are
to be divorced.
2.3 The parties have discussed the various matters contingent to the dissolution of the
marriage and the parties have reached agreement regarding maintenance, property
and other ancillary consequences of the divorce.
2.4 The agreement is hereby recorded in writing.
3. DIVORCE
3.1 The terms and conditions of this agreement shall come into effect upon the grant by
the Court of the Order of Divorce.
3.2 The Order of Divorce sought by the party attending Court for the trial of the Divorce
Action shall confirm the terms and conditions of this agreement, which insofar as it
may be permitted by the Court, shall be included in the Order of Divorce granted.
4. IMMOVEABLE PROPERTY
It is recorded that the immoveable property in the joint estate described as, Portion 30 of
Erf 9080, Protea Glen, Ext 11, Soweto, Gauteng, South Africa, the house bought by the
parties after commencement of their marriage is to be sold by private treaty and the net
proceeds of the sale are to be distributed equally between the parties.
5.1 Each party shall retain as their sole and absolute property, property described as
clothing, makeup and/or toiletries, jewellery, and prescription glasses currently in
their possession.
5.2 The items within the house:
5.2.1 Kitchenware, sofas, dining chairs and tables, televisions, , two-bedroom suites and,
will be divided between the parties equally.
5.2.2 Six (6 paintings) of which two worth R74 000.00 each which were a gift from the
Plaintiff’s mother to her, shall be retained as plaintiff’s sole property.
5.2.3 a Karakstan rug worth R204 000.00 gifted to the Defendant by his father, shall be
retained as the defendant’s sole property.
Each party shall be solely responsible for the full and final settlement of any and all debt
incurred in their respective names before and after the commencement of the marriage.
7. MOTOR VEHICLES
7.1 Each party shall retain as their sole and exclusive property the motor vehicles
currently registered in their respective names.
7.2 The third vehicle purchased during the marriage will be forfeited by the Plaintiff as the
Defendant utilised the vehicle most of the time.
8. MAINTENANCE
8.1 The Defendant is to pay maintenance in the amount of R8 500.00 per month in
respect of the minor children born of the marriage.
8.2 The first payment is to be made on the 21st of November 2022 and thereafter on or
before the 30th day of each and every succeeding month.
9.1 The Defendant shall retain the children on his medical aid scheme, namely SMART
HEALTH, to which he subscribes to from time to time and shall pay all premiums,
subscription fees and other charges in connection therewith.
9.2 In the event of the medical expenses not being covered by the medical aid benefits of
the Defendant, particularly relating to the dental, orthodontal, ophthalmic, surgical ,
hospital and chemist prescription fees, charges and expenses, such shortfall shall be
borne by the Plaintiff.
10.1 It is recorded that by virtue of her employment, the Plaintiff is a member of the
Government Employee Pension Fund, with Membership Number 123000456789
(hereinafter referred to as “the Fund”) and as such is entitled to a benefit thereof in
terms of the rules of the said Fund.
10.2 The Defendant is entitled to in terms of Section 7 of the Divorce Act 70 of 1979 to a
half share of the whole amount currently in the Fund with interest in and to the
aforesaid Fund, calculated as at the date of the Divorce but payable when the benefit
thereof accrues to the Plaintiff.
11.1 The Plaintiff and the Defendant shall retain their parental rights and responsibilities in
respect of the minor children born of the marriage, namely STEVEN GERRARD BIKHA
and CHRISTIANO RONALDO BIKHA.
11.2 The minor children shall primarily reside with the Plaintiff.
11.3 The Defendant shall exercise reasonable rights of contact to the minor children, such
contact to be defined as follows:-
11.3.1 Contact with the minor children every school holiday;
11.3.2 Contact with the minor children every alternate birthday;
11.3.3 Contact with the minor children on Father’s Day;
11.3.4 Telephonic Contact with the minor children at all reasonable times.
12. COSTS
The Plaintiff will be responsible for 70% of the costs in this Divorce Action.
13. NO VARIATION
No variation of the terms of this agreement shall be of any force and effect unless reduced
to writing and signed by both parties.
AS WITNESSES
1. ………………………………
2. ……………………………… ______________
AS WITNESSES
1. ……………………………….…
2. …………………………………. ______________
Outputs:
1. Attend training and perform all tasks allocated. Feedback form to be completed by
supervising attorney.
2. Select a minimum of two tasks upon which the narrative report will be based.
3. Artefacts selected relating to tasks are anonymised (redaction of client name and personal
details).
4. Write a report on the tasks performed, including details of the branch of law, original notes
compiled, improvement on initial notes taken, research performed, feedback on task, etc.
NB: your perceptions of your performance in this regard will be evaluated against the
feedback form completed by the supervising attorney(s).
5. Upload report and annexures (evidence supporting the report and rubrics).
Dates will be provided for the practical legal training. Please liaise with your lecturer or Programme
Manager for Law. Ensure that you print a copy of:
• the rubric
• work placement letter that will be provided to you by the Programme Manager: Law at your
respective campus
Should you not be able to complete the 24 hours allotted for this task, please speak with the
programme manager for law so that arrangements may be made for you attend at a later date.
Alternative arrangements will only be made where this is warranted and will be assessed on a case-
by-case basis. Students who do not provide sound reasons for missing the scheduled dates and
times will obtain zero for this task.
This essay forms the summative component of this Portfolio of Evidence. Failure to submit the
summative essay will be the equivalent to failing to sit for an examination.
Resources:
https://www.lssa.org.za/practice-management-toolkit/
Joel Zinhumwe (2020) Legal practice management during and beyond Covid-19 De Rebus
September, 2020 http://www.derebus.org.za/legal-practice-management-during-and-beyond-covid-
19/
The Practitioner Support Unit of the Attorneys Fidelity Fund: De Rebus June 2018
http://www.derebus.org.za/who-is-responsible-for-accounting-records/
The Prosecutions Unit of the Attorney’s Fidelity: Liability of directors of an incorporated law practice
. http://www.derebus.org.za/liability-directors-incorporated-law-practice/
Jason de Mink (2017) Washing money: The different forms of money laundering De Rebus September
2017 http://www.derebus.org.za/washing-money-different-forms-money-laundering/
http://www.derebus.org.za/using-a-risk-based-approach-to-combat-money-laundering-and-
terrorist-financing/
Simthandile Kholelwa Myemane Cash threshold reporting to the Financial Intelligence Centre
http://www.derebus.org.za/cash-threshold-reporting-to-the-financial-intelligence-centre/
ANNEXURE B – Tariffs
TABLE A
COSTS 1
PART I
GENERAL PROVISIONS
1. When the amount in dispute is less than or equal to the amount of R7 000, costs shall be
taxed on Scale A; when the amount in dispute exceeds the amount of R7 000 but is less than or
equal to R50 000, costs shall be taxed on Scale B; when the amount in dispute exceeds R50 000 but
is less than or equal to the maximum jurisdictional amount determined by the Minister from time
to time in respect of magistrates' courts for districts, costs shall be taxed on Scale C; when the
amount in dispute exceeds the maximum jurisdictional amount so determined by the Minister in
respect of magistrates' courts for districts and the process is issued out of a magistrate's court for
a regional division or when the matter is in respect of a cause of action in terms of section 29(1B)(a)
of the Act, costs shall be taxed on Scale D.
2.(a) For the purpose of computing costs, the expression 'amount in dispute' means, where costs
are awarded to the plaintiff, the amount or value of the judgment and 'amount or value of the
judgment' means, where more than one claim is involved in the action, the total of the amounts
involved in the judgment. Where costs are awarded to the defendant, the expression 'amount in
dispute' means, the amount or value of the claim, and 'amount or value of the claim' means, where
more than one claim is involved in the action, the total of the amounts of all the claims. The amount
or value of the judgment or claim shall be inclusive of interest but exclusive of costs. If a matter is
settled at any time the costs shall be taxed on the scale laid down in the agreement of settlement.
(b) Where the amount in dispute is not apparent on the face of the proceedings and
(i) the matter is instituted in the Magistrates’ Court for a District, costs shall be computed on
Scale C; or
(ii) the matter is instituted in the Regional Court for a Regional Division, costs shall be computed
on Scale D, unless the court orders otherwise.
3. Costs taxable in terms of rule 33(19) shall be deemed to have been awarded under a judgment
for the amount offered or a judgment in the terms of the settlement, as the case may be.
4. Claims for ejectment shall be computed at two months' rent of the premises.
5. The rate at which costs are computed shall not be increased by reason of any claim for
confirmation of any interdict or interlocutory order.
6. Fees to counsel shall be allowed on taxation only in cases falling within Scale B, C or D or where
the court has made an order in terms of rule 33(8).
7. Where the amount allowed for an item is specified, the amount shall be inclusive of all necessary
attendance and services (other than services by the sheriff for the magistrate’s court) in connection
therewith save that for the necessary filing of documents at court a charge shall be allowed at
R33,00 per document.
1
Extract taken from the Government Gazette, GG 3 June 2022 No.46475 pp.62 – 72. Link:
https://www.justice.gov.za/legislation/notices/2022/20220603-gg46475rg11441-gon2134-RulesBoard-MC.pdf
(b) copies for filing, service and an attorney's copy to retain shall also be allowed;
(c) R33,00 shall be allowed for each necessary service;
(d) R33,00 shall be allowed per document for the necessary filing of documents at court.
9. (a) Where any document appears to the court to be unnecessary prolix, the court
may disallow the whole or any part of the fee therefor.
(b) Where printed forms of documents to be copied are available, the fees for
copying shall be limited to the necessary particulars inserted in such printed forms.
10. (a) A folio shall consist of 100 written or printed words or figures or part thereof.
(b) Four figures shall be reckoned as one word.
11. (a) Unless otherwise provided, a charge for perusal shall be allowed at R12,50 per folio
in respect of any document or pleading necessarily perused.
(b) For necessary copies, including photocopies of any document or papers not already provided
for in this tariff, per A4 size page R5,00.
12. Where there are more defendants than one R21,00 shall be added in respect of each additional
defendant for each of items 2 and 3 of Part II and items 2 and 7 of Part Ill.
13. Where the judgment debt is payable in instalments in terms of the judgment or an agreement,
a fee of 10% on each instalment collected in redemption of the capital, costs and interest shall be
allowed, subject to a maximum of R499,00 on each instalment. No additional fee shall be charged
for any attendance in connection with the receipt or payment of any instalment.
14. The clerk or registrar of the court shall on taxation disallow any charge unnecessarily incurred.
15….
PART III
DEFENDED ACTIONS (AND INTERPLEADER PROCEEDINGS)
4 Notice under rules 12(2) and 21B(2) R55,00 R55,00 R69,00 R89,00
13 Preparing for trial (if counsel not employed) R1095,00 R1490,00 R1788,00 R2323,00
16 Attending pre-trial conferences, for each quarter R196,00 R196,00 R246,00 R318,00
of an hour or part thereof actually spent in such
conference
17 Attending court to hear reserved judgment, per R40,00 R40,00 R49,00 R63,00
quarter of an hour or part thereof
18 Correspondence-
(a) for each necessary letter or telegram, per folio R31,00 R31,00 R40,00 R50,00
(b) for each letter or telegram received, provided R21,50 R31,00 R40,00 R50,00
that a fee for perusal shall not be allowed in
addition to the fee herein provided for
19 Attendances: For each necessary attendance not R21,50 R31,00 R40,00 R50,00
otherwise provided for, per call
20 Necessary formal telephone calls per call R21,50 R31,00 R40,00 R50,00
23 The court may, on request made at the hearing, R682,00 R695,00 R1157,00 R1503,00
allow in addition to the fee prescribed in item 13
above a refresher fee in postponed or partly heard
trials
In order to be awarded full Does not meet the required standard Meets the minimum Partially exceeds the standard Exceeds the minimum
marks for this question, standard standard
students must take note of
the following: 0–5 6 – 10 11 – 15 16 – 20
Students are required to Student does not provide all steps Student mentions most of Student mentions all steps Student clearly
provide a brief from Crombag. The steps are not the steps from Crombag. from Crombag. Most of the articulates each of
explanation and to work adequately explained and the Some steps are explained steps are explained clearly Crombag’s steps. The
through the legal students’ reference to the set of correctly while others are and correctly with minor steps are excellently
problem in the set of facts in each step is vague and not clearly explained, or errors. The student has explained and clearly
facts using the seven unclear. they are incorrectly demonstrated a decent ability set out. The student
steps proposed by explained. Student has to outline the set of facts and demonstrates an expert
Crombag. attempted to place the how they would be processed level of using the steps
set of facts within each per step to arrive at a suitable to analyse the problem
step with some significant decision. presented in the set of
errors. facts.
Total /20
Marking Criteria Does not meet the required standard Meets the minimum standard Partially exceeds the standard Exceeds the minimum
standard
Knowledge: Some key concepts are defined with Provides basic definitions to key Both defines and explains key Defines, explains and applies
substantial errors concepts concepts key concepts
[50 Marks]
Problem statement is inadequate Basic problem statement is Problem statement is clearly Problem statement clearly
either too long or too short provided identifiable and expressed and succinctly articulated
Fails to link benefits to client with A few benefits to client are Most benefits to client are Excellent links made and
actual issues /needs in practice or highlighted but how they solve highlighted and linked to justification provided
justify need problems in practice are not problems in practice between niche services
well articulated or justified /solutions and benefit to
Proposal document provides an Proposal document provides a client
adequate discussion of points raised Proposal document provides an good discussion of points raised
in the problem statement adequate discussion of points in the problem statement Proposal document provides
raised in the problem statement a broader view of problem
Plausible alternative services Alternatives presented are good statement and demonstrates
proposed but tailoring to suit legal Plausible alternative services and plausible and have been creativity
practice requires further work. proposed but tailoring to suit tailored to suit legal practice
legal practice requires further Several alternatives provided
work. which are well-thought out
and/ or well researched and
have been tailored to suit the
particular legal
peripheral/supporting
services
0-24 25-30 31-40 41-50
No evidence of additional research Additional sources used but not Additional sources used are Exceptional use of additional
Additional research being conducted, or where additional properly integrated into the properly integrated into the sources, well integrated,
sources employed, they are only proposal/essay proposal/essay providing the reader with a
[35 Marks] partially relevant or do not apply to view of the broader context
the South African context Some additional sources are Most additional sources are within which the problem
relevant while others do not relevant and provide some exists, and additional
provide any additional additional perspective perspective
perspective
0 – 16 17-23 24-29 30-35
Structure, Many grammatical and spelling Some grammatical and spelling Minor to no grammatical or No grammatical or spelling
Grammar, errors. errors. spelling errors. errors.
Spelling Too many direct quotations Few direct quotations Good paraphrasing and Exceptional paraphrasing and
Quality of paraphrasing/summarising Quality of paraphrasing and summarising summarising
is weak summarising is adequate but
Headings are either missing or some meaning is lost Headings are used consistently Headings appropriately
inappropriate and appropriately ordered, numbered and
Headings used but not appropriately applied
consistently throughout
0–6 7-8 9-12 13-15
[15 Marks]
TOTAL /100
Feedback:
1. 0-1 2-3 4 5
Language,
Many grammatical and spelling Some grammatical and spelling errors. Minor to no grammatical or No grammatical or spelling errors.
spelling and
errors. Few direct quotations spelling errors. Exceptional paraphrasing and
grammar:
Too many direct quotations Quality of paraphrasing and Good paraphrasing and summarising
Quality of summarising is adequate but some summarising
paraphrasing/summarising is meaning is lost. Headings appropriately ordered,
weak. numbered and appropriately
applied throughout.
• artefacts spoken to are not • At least two artefacts were • More than two artefacts • More than two artefacts
apparent or less than the spoken to spoken to spoken to
minimum are put forward • the artefacts are distinguished • the artefacts are clearly • the artefacts are clearly
• Alternatively, where two or from each other distinguished from each distinguished from each other,
more the artefacts were put • the outcomes of the tasks other, appropriately labelled, indexed and
forward, they are not clearly performed includes some labelled or indexed paginated
distinguished from each other feedback from the supervising • the outcomes of the tasks • the outcomes of the tasks
• the outcomes of the task attorney, with perhaps differing performed includes clear performed includes clear non-
performed are not clearly views on performance non-conflicting feedback conflicting feedback from the
articulated - Feedback from • own performance is evaluated from the supervising supervising attorney
supervising attorney not clear • own areas of development attorney • own performance and areas of
or accurate and No indication articulated but require further • own performance and development are well
areas of development articulated and student is able
of learning/ own exploration and reflection of clearly articulated and to critique own performance/
development that occurred abilities. reflected has explored areas for further
development in a particular
area
4. 0-1 2-3 4 5
Format,
• Poor structure – no clear • Adequately structured with an • Good structured with clear • Well-structured introduction
flow and
introduction and conclusion. introduction and conclusion introduction and and conclusion
coherency:
• Semi-coherent. • Fairly coherent. conclusion • Coherent and well-articulated.
• Formatting is erratic. • Formatting of fairly consistent. • Coherent. • Consistent formatting.
• More than one idea per • One idea per sentence was • Formatting consistent. • One idea per sentence was
sentence and/or paragraph. applied and a single theme per • One idea per sentence was and a single theme per
• Essay does not flow well. paragraph was built off a topic applied and a single theme paragraph was built off a topic
• Headings are either missing sentence fairly consistently per paragraph was built sentence.
or inappropriately named or followed with some errors. off a topic sentence • Flow of essay is consistent and
located • Flow of essay is adequate. followed consistently, with easy to read.
• Headings used but not minor errors
consistently and/or appropriately • Good flow
• Headings are used
consistently and
appropriately.
TOTAL /100
1. 0-1 2-3 4 5
Language,
Many grammatical and spelling errors. Some grammatical and Minor to no grammatical or No grammatical or spelling
spelling and
Too many direct quotations spelling errors. spelling errors. errors.
grammar:
Quality of paraphrasing/summarising is Few direct quotations Good paraphrasing and Exceptional paraphrasing
weak Quality of paraphrasing and summarising and summarising
summarising is adequate but
some meaning is lost • Headings appropriately
ordered, numbered and
appropriately applied
throughout.
• Unclear as to the student’s position • Student’s views • A good reflection on • Previous aspirations are
regarding community service in regarding community aspirations. well articulated
general or their personal experience service in general and • Subjective and objective providing on overview
of the externship. their personal views on the qualification of “then and now”
• Little reflection on previous experience clearly are balanced. • Subjective and
aspirations. reflected and • Clear, mostly subjective objective views on the
• Imbalance between subjective and informative. views regarding community qualification are both
objective views on the qualification. • Average to good service in general and balanced and well-
• Unclear whether the students career reflection on previous personal experience and articulated, locating self
aspirations have changed. aspirations. learnings from the and others in the
experience narrative
TOTAL /100
ANNEXURE D
Plagiarism occurs in a variety of forms. Ultimately though, it refers to the use of the words, ideas or
images of another person without acknowledging the source using the required conventions. The IIE
publishes a Quick Reference Guide (available on The IIE Library website) that provides more detailed
guidance, but a brief description of plagiarism and referencing is included below for your reference. It
is vital that you are familiar with this information and the Intellectual Integrity Policy before
attempting any assignments.
The IIE respects the intellectual property of other people and requires its students to be familiar with
the necessary referencing conventions. Please ensure that you seek assistance in this regard before
submitting work if you are uncertain.
If you fail to acknowledge the work or ideas of others or do so inadequately this will be handled in
terms of the Intellectual Integrity Policy (IIE023 – [available in the library]) and/or the Student Code of
Conduct policy (IIE026)– depending on whether or not plagiarism and/or cheating (passing off the
work of other people as your own by copying the work of other students or copying off the Internet
or from another source) is suspected.
Your campus offers individual and group training on referencing conventions – please speak to your
librarian or ADC/ Campus Co-Navigator in this regard.
Please ask for assistance prior to submitting work if you are at all unsure.
ANNEXURE E
Declaration of authenticity
that this portfolio, and any evidence included therein, contains my own independent work and
I confirm that we have not committed plagiarism in the accomplishment of this work, nor have I
I accept the academic penalties that may be imposed for violations of the above.
________________________ __________________
ANNEXURE F
This peer evaluation form must be completed for each member of the group and returned to the
lecturer before the final PoE submission.
PEER EVALUATION
(NOT TO BE SHARED WITH TEAM MEMBERS)
Never
Seldom
Frequently
Always
0 1 2 3
The student’s personal work
The student contributed good ideas that added value to
1.
the project.
The student performed their tasks in line with what was
2.
expected of them.
3. The student produced high quality work.
The student managed their own time well and met
4.
deadlines.
The student’s work as part of a team (when relevant)
The student accepted responsibility for a fair portion of
5.
the tasks.
6. The student was an enthusiastic member of my team.
7. The student helped others to be successful.
The student worked well with other members of the
8.
team.
TOTAL: /24
Comments:
…………………………………………………………………………………………………..………………………………….………………
………………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………………
………………………………………………………………
ANNEXURE G
SELF-EVALUATION
REFLECTIVE REPORT
Please complete and include this self-reflective report when submitting your final PoE.
Introduction
Write an introductory paragraph in which you briefly outline your understanding of the purpose
and value of WIL.
Skills Learnt
Identify the skills you have learnt. State how you used/were expected to use each skill during your
WIL. Consider skills under each of the following three categories and report on each:
Industry specific practices, e.g. media monitoring, compiling media kits, writing articles for the staff
newsletter, etc.
Describe the team dynamic during your WIL and whom you reported to and with whom you were
on a team with. Comment on your role in the team with regard to all of the following points:
Leadership responsibilities and being provided instruction.
Finding information that is both relevant and useful is a much-needed skill in WIL.
• Describe one or two scenarios in which you were expected to find information for a task or
duty that you had to complete. This can be related to online research, finding client or
supplier contact information, or looking through files and databases to find relevant data.
• Where did you find the information you needed to do this work?
• What technology did you use?
• How did you have to present the information you found?
Personal strengths (strong points) and weaknesses (areas to do better in)
Comment on the elements, tasks or duties during your WIL that you found yourself excel in, as well
as the ones you found difficult to master.
• List and describe the tasks that you did really well in.
• Identify at least five strengths that you realised you have.
• List and describe the tasks that you did not do well in.
• Why in your opinion, did you not perform well in these tasks?
• Comment on how you think you can improve on the weaknesses that you identified.
Stakeholder relationship
Describe your relationship with the WIL Coordinator or in the case of placement, the mentor in the
workplace by focusing on the following areas:
• Part of this relationship that worked well for you and parts that did not.
• Explain how you think you could have made the relationship better or stronger.
Impact
This refers to your contributions to the organisation during your placement there.
• Comment on how you think others (if placed, management, fellow staff members, team
members, clients, suppliers and others you worked with during your placement) benefitted
from you being there and the work you did.
• Describe how you have made a better/greater/more positive impact.
Conclusion
Write a summary whereby a clear overall impression of your WIL experience is provided.
The lecturer will use the rubric below to mark your self-reflection report. Consider the criteria when
compiling your report.
Personal strengths (strong points) The student The student The student fully
and weaknesses (areas to do did not displayed recognises their
better in) (CCFO8) accurately some strengths and
reflect on their understanding weaknesses.
Comment on the elements, tasks or personal of their Details and
duties during your WIL that you strengths and personal examples were
found yourself excel in, as well as weaknesses. strengths and provided as per
the ones you found difficult to Limited to no weaknesses. brief and the
master. details were Some details student clearly
provided as were provided understands
• List and describe the tasks per brief and as per brief how to improve
that you did really well in. the reflection and the on their
• Identify at least five lacks insight reflection weaknesses.
strengths that you realised on how included a
you have. weaknesses satisfactory
• List and describe the tasks can be description of
that you did not do well in. improved. how
• Why in your opinion, did weaknesses
you not perform well in can be
these tasks? improved.
• Comment on how you think
you can improve on the
weaknesses that you
identified.
Instructions to lecturer: Each student will have the opportunity to role-play as both legal practitioner and client. However, marks will only be allocated for
role-play as legal practitioner.
CRITERIA 1–3 You have learned 4-6 You are on the right track but 7-9 – Well done. 10-12 – You have done TOTAL
something – but you are not you can do better. exceptionally well.
proving it.
1. Non-Verbal Skills (CCFO5)
Body Does not promote Tense, anxious, appears defensive, Movements enhance Sits up straight, engaged,
language engagement. distracting, unnatural, and delivery, some interaction interested, positive.
unnecessary movement. with the client.
Poise Unprepared. Does not Insufficiently prepared. Does not Adequately prepared. Well prepared and well
regain composure after recover well when making Recovers quickly and composed.
making a mistake. mistakes. smoothly when mistakes
are made.
Dress code Clothing inappropriate for a Clothing is not entirely appropriate Neat, well-groomed, mostly Professional, well-
professional simulation. for a professional simulation. appropriately dressed for a groomed, entirely
professional simulation. appropriately dressed for
a professional simulation.
CRITERIA 1–3 You have learned 4-6 You are on the right track but 7-9 – Well done. 10-12 – You have done TOTAL
2 something – but you are not you can do better. exceptionally well.
proving it.
2. VERBAL Skills (CCFO5)
Tone Too loud, abrupt and Makes little attempt to vary tone Varies volume and pitch. Clear, easy to listen to,
condescending or too soft and pitch, monotoned or detached. articulate.
and timid.
Language Inappropriate, in poor taste, Unable to articulate ideas. Adequate us of formal Formal language
mumbles, incorrect use of Inadequate use of formal language language employed and employed consistently.
legal terminology. and legal terms. correct pronunciation of Correct and effective use
legal terms. of language and legal
terminology.
Delivery Disinterested, too casual, Mumbles, appears distracted or Thoughts well-articulated, Enthusiastic, relaxed, self-
shows no appreciation of unfocused, reads from notes. uses own words, but unable confident, seldom refers
the required formalities. Shows little appreciation of the to hold the attention of the to notes, holds the
required formalities. audience or assessor. attention of audience and
assessor throughout.
CRITERIA 1–3 You have learned 4-6 You are on the right track but 7-9 – Well done. 10-12 – You have done TOTAL
3 something – but you are not you can do better. exceptionally well.
proving it.
PACE (CCFO5)
Timing Dialogue is too short or Dialogue is somewhat close to the Length of dialogue to Length of dialogue is close
takes much longer than allocated time. allocated time. to allocated time.
allocated time.
Structure of Disjointed, unstructured. Difficult to follow dialogue; Mostly structured, easy to Structured, logical flow,
dialogue Unable to discern subject dialogue lacks appropriate follow, a few lapses in the good explanations that aid
matter focus. structure. Communication is logical flow in questioning understanding. Subject
or giving advice. Subject matter is clearly
discernible from dialogue.
The following form will serve to assess the student’s participation in the practical sessions for the module XBLAW8419. The work-integration/experiential
learning meets the following outcomes of the IIE’s Bachelor of Law Degree programme:
MO001: Provide clinical law services through community engagement under the guidance of a legal practitioner.
MO003: Demonstrate proficiency in the areas of practice management and case management.
Indicate (by marking the appropriate block) which of the following activities the student attended to and/or completed under your guidance:
CATEGORY ACTIVITY 1
The student -
Office
administration 1 properly completed client intake forms
3 Filed notes made from the phone call (file note – containing file number, date
time, details of person spoken to and summary of conversation.)
Remarks:
CATEGORY ACTIVITY 2
The student -
Client
consultation 1 displays sufficient maturity and sensitivity when dealing with different clients;
2 made the connection between the types of questions asked and the nature of
the case;
3 made notes during consultation;
4 perused supporting documents supplied by a client in a consultation;
5 demonstrates the ability to identify the relevant facts of the case;
6 is able to predict the procedural steps to be taken;
7 conducted prior research on the subject matter in preparation for the
consultation.
Remarks:
CATEGORY ACTIVITY 3
The student -
Practical
assignment
and/or drafting 1 demonstrates the ability to apply theory to practice;
2 demonstrates the ability to adequately access the merits of a case;
3 demonstrates the ability to formulate and provide basic legal advice on the
merits of the case.
4 Quality of task completed (drafting process, report/memorandum
4a Professionally structure and format
4b Demonstrates understanding of relevant concepts, applicability of relevant case
law
4c Conclusions drawn were legally correct.
Remarks:
Category Activity 4
Self-
management, 1 The student was always neatly and appropriately dressed.
time- 2 The student followed instructions given by the organisation’s
management, representative/supervising practitioner.
punctuality and 3 The student treated the organisation’s representatives/supervising practitioner
appearance and staff with respect.
4 The student demonstrated the ability to manage their time and tasks effectively.
Remarks:
ANNEXURE J
LECTURER FEEDBACK TO STUDENT
Additional Comments:
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ANNEXURE K
1 Introduction
This learning unit is designed to highlight transferable skills which are necessary to succeed in the 21st
century workplace. These skills include teamwork, critical thinking, high-level problem-solving,
communication, self-management, and career readiness.
There are short videos and links embedded throughout the learning unit directing you to more
readings on important topics. These are designed to give you a deeper understanding of some of the
terms and terminology that you will encounter in this learning unit, as well as the circumstances that
you may encounter as you enter the workplace.
In the South African economy, employment opportunities are available in a range of very different
organisations such as local government, public administration, the banking industry, private business,
non-profit organisations and small, medium and micro-sized enterprises (SMME). Each of these
potential employers have their own rules, expectations and organisational cultures. This means that
you, as a new employee, would need to adapt and fit into this new environment.
Source
Run time: 1:50
As you move into the workplace, it is your responsibility to manage yourself. When you were at school,
somebody actively looked after you (your parents and teachers); at university you were encouraged
to explore your identities and given more freedom of choice in your lives. However, you still had
parents and lecturers who provided support and guided you.
Once you enter the world of work, you are expected to behave in certain ways and be professional,
efficient and effective in your role as an employee. Any actions you choose to follow will have
consequences (both good and bad). It is your responsibility to ensure you follow any instructions from
your line managers and take control of your own performance and reputation.
Your first line of responsibility before moving into the workplace will be to secure interviews for
yourself. Compile your curriculum vitae (CV) and include some specific information which would
showcase your abilities and your educational achievements. Some information is considered
irrelevant and should be excluded from your CV for various reasons. There are many CV templates on
the internet which you can choose from. If you are applying for jobs which are predominantly in a
corporate environment, then your CV should be simple and reflect the formality of the company.
However, if you will be applying for jobs with an arty or creative edge then your CV can be much more
elaborate and colourful.
You could hear of potential jobs through various channels, such as:
• Word of mouth – someone you know may hear about a vacancy and pass on the information.
• Media – newspapers and the internet have thousands of jobs advertised.
• LinkedIn – create your own professional profile and upload your CV. Make connections and
network in your chosen field.
• Recruitment companies.
It is important to be professional in your job search and this includes professional email addresses.
Email addresses which do not portray you as an employee with integrity should not be used. An email
address such as IwantToParty@gmail.com or tequila@yahoo.com will not give a good first impression
of you and may be considered junk mail and never be seen by the person who the email is addressed
to. Choose a professional looking email address e.g. Vusi.Molefe@gmail.com.
Each year you will have a meeting with your line manager or someone who manages your
performance. This is normally called a Performance Review and will have a number of Key
Performance Areas (KPAs) which your performance is measured against. You will be notified of these
when you enter the workplace and relate to the job profile that you work in. These are reviewed
annually as you grow in your job and take on more responsibility. Your salary increases will most
probably be based on your KPA score.
One of the most important areas for you to attend to is meeting deadlines. Businesses function on the
timeous delivery of their products and services and in most cases the deadlines cannot be extended.
Think about your salary, you expect to be paid at the same time every month. What would happen if
someone missed a deadline and you were paid a week later or even worse, never received it? Often
the work you will be required to complete by a deadline needs to move on to another person or
department and if you miss your deadline then you are holding up the process and putting those other
employees under pressure to meet their deadlines.
Your new employer would expect you to conduct yourself professionally and ethically from the first
day.
Source
Run time: 1:55
Most employers will have an induction programme for new employees, where you will get an
introduction into the sections and operations of your new environment. It is a good idea to be
prepared and make the most of learning about your new work environment during the induction. But,
there is far more that you would need to do and learn. This will help you to understand what is
expected of you and what is seen as appropriate behaviour. When you start working in a new position,
make sure you know what the organisation’s culture is.
The more you understand your new work environment, the sooner you will be able to fit right in.
Source
These key skills are also referred to as interpersonal skills or soft skills in the workplace. Let us look a
bit closer at each of these key skills:
Communication in the workplace must always be professional. It can never be on the same informal
level as at home or with friends. If your office environment has a policy that English is the language of
business, adhere to it. Professional communication at work includes language proficiency, reading,
writing, problem solving, and the use of information technologies.
Both written and oral communication in the workplace must always be professional. There are many
books and articles written on the dos and don’ts of office communication. Here are some of the most
important ones:
DO DON’T
Develop your “business vocabulary”: Never use poor grammar, or slang.
Texting in the workplace should only be done Never use the abbreviated language that you
when it is absolutely necessary. This article on use with your friends on social media.
texting language. May be helpful on how to do
this.
Listen to the presentations of your managers Refrain from using inappropriate phrases or any
and research terms and terminology pertaining form of sexist, racist or heteronormative
to your environment with which you are not language.
familiar.
Make use of a spelling and grammar checker Do not let anger or frustration reflect in the tone
when typing emails, reports and letters. of your verbal or written communication. Do not
use CAPITAL LETTERS, bold font, slang or
emoticons to indicate frustration.
Use the correct letterheads, stationery and Never gossip or constantly complain about
templates for official business communication trivial matters or use abrasive language.
and refrain from using them for personal use.
But what about nonverbal communication in the workplace? Actions such a facial expression, eye
contact, gestures and posture communicate far more that you could realise. It could even include the
way you dress. Together with verbal communication, nonverbal communication may be used to as
important cues to strengthen the message. As a new employee you should be aware how your
nonverbal cues can be interpreted.
Your manager asks you to compile a report and then present this report at a meeting. This task
provides you with a number of opportunities to showcase your abilities, work ethic and performance.
What choices would you need to make?
There are many considerations, but those listed below are some of the important ones:
• Communication:
o The language used in your report. Is it suitable for the audience you will be presenting
to?
o Verbal and non-verbal communication skills.
• Appearance:
o The clothes you will be wearing to do the presentation. This should again be appropriate
for the audience and the occasion.
o It is not advisable to chew gum in an office environment if you are expected to have face-
to-face meetings with people or do presentations.
If you are unsure of what you are expected to do, then ask for assistance. Your manager would rather
you do this than have a presentation which is not fit for purpose or lacks vital information.
3.1.1 Meetings
Conducting yourself professionally and actively participating in business meetings would require a
good understanding of the different types of meetings, their purpose and structure. The business
environment generally has regular meetings for a range of business reasons.
• Staff meetings;
• Product meetings;
• Stakeholder meetings;
• Committee meetings.
Communication in these meetings follows strict meeting protocols. It is also a good idea to take notes
during meetings, especially if they are used to allocate work and responsibilities.
You will be required to be professional in your telephone communication. It is good business practise
to state your name when answering your phone. Be polite and take notes if you are being requested
to do tasks or pass on a message. Getting the message communicated correctly is an important
function in the workplace. Knowledge of Business phone etiquette will assist you in dealing with
clients, suppliers and associates in a professional way that will promote both your image and your
organisation’s reputation.
Another important consideration is your phone’s ringtone. Keep it simple and professional.
At work you will be required to work with people, either formally in teams or informally by sharing
office environments. Your success will depend on cooperation with individuals and groups. You need
a special set of skills when working on a one-on-one situation or in teams. This will require people
skills:
• Give and receive criticism more effectively without being offensive or taking the criticism
personally;
• Be assertive and diligent;
• Resolve conflict and deal with difficult people;
• Develop negotiation skills;
• Build leadership skills.
Many of these skills will be developed over time as you build experience in the workplace and receive
further training.
All offices and organisations will experience office politics. There are many reasons why most work
environments go through stages where office politics can cause problems. There are many reasons
why these problems may surface and why this should be carefully managed.
As a professional, you are responsible for managing difficult situations: How can professional jealousy
be prevented?
You will be spending many hours at work. It is, therefore, important that these situations be handled
with great care and professionalism to prevent conflict and to keep office relationships professional.
Dealing with differences in opinion and conflict is an important life skill to have which can be
effectively used in the workplace. It is important to regulate your emotions and not take other
individuals’ opinions personally. Do not email or phone anyone until you have thought through your
response carefully and remove all emotions out of your communication. If you do not, you run the risk
of inflaming the situation and coming across as volatile and unprofessional.
3.2.2. Professional networking
Networking with co-workers in the organisation and with professional bodies help you to grow and
develop your skills and career and build communities of practice. Social networking such as creating
professional profiles on LinkedIn helps to open up opportunities, create awareness and build your
professional portfolio.
Ethical behaviour means you are doing the right thing for the right reasons. e.g. not taking home office
stationery, using the company’s internet connectivity for personal use, gossiping about fellow
employees, harassment and discrimination of any kind. There are various offences you could commit
in the workplace which you could possibly be fired for. Many are related to ethics, such as stealing,
revealing confidential information, insubordination, dereliction of duty, harassment and
discrimination etc.
You want to trust your employer and believe that they will always have your best interest at heart.
Your professional conduct will create a mutual trust relationship at the organisation. This requires
ethical behaviour, knowing what is right and acting accordingly. Ethics is doing the right thing even
when no-one is watching.
The following are some pointers that will guide you towards creating this trust relationship:
• Never exaggerate on a Curriculum Vitae or add skills and qualifications that you do not have.
• Be punctual for meetings and appointments.
• Meet deadlines.
• Do what you said you will do and communicate immediately if you are not able to honour your
commitments.
• Conform to the organisational culture and stick to the “rules”.
• Be open and honest with your colleagues and manager if something goes wrong. Do not lie.
• Respect your organisation, their resources and management.
• Sensitive information must be kept confidential. This includes any information about your salary
or other forms of remuneration. You may not discuss with other employees how much you earn.
• Do not use the organisation’s resources such as stationery, internet connectivity and telephones
for personal purposes.
One of the biggest adjustments that is required when bridging the stage of being an informal student
to a professional in the workplace is dress code. Would you trust a Bank Manager who wears dirty
shoes, chews gum and uses informal language or slang? You must dress for success – you must look
the part if you want to succeed. Dressing appropriately will boost your self-confidence. Read this
article for more information: 20 Personal Appearances Tips for the Workplace.
In open office environments, it is particularly important to consider your colleagues in the shared
space. These are some of the areas that can cause conflict:
• Noise - Do not talk too loudly as you may distract your colleagues from their work. It is very
difficult to concentrate when there is too much noise.
• Temperature - Do not adjust the temperature of the air conditioner. These are normally set at
a standard temperature which is considered comfortable for the majority of people. This is
around 23 degrees. If you feel too hot or cold, then plan to adjust your personal space (an extra
jersey, lap blanket, or a desk fan) to your comfort level.
• Neatness - Keep your office area neat and organised. You may be permitted to personalise your
area with photographs or other small items. Keep these to the minimum so they do not intrude
on your workspace. All décor must be appropriate and portray a professional image.
• Smells – Keep the smelly food for home. Your colleagues may not appreciate your tuna or garlic-
laced lunch.
Your conduct outside of office hours is as important as your conduct during working hours. This is also
true for your online behaviour. Recruiters and companies often scrutinise online social media and
behaviour when they decide on the suitability of a candidate. If you are irresponsible and post
inappropriate pictures or comments, it may cost you your job.
The following are actions on social media that may have dire consequences for you as an employee:
The conduct and standards expected for online communication is often referred to as Netiquette.
When you start working either permanently, as an intern or as a contract employee, you need to know
what your responsibilities and rights are in advance. The very first document you will be expected to
sign will be your conditions of service for employment. These are normally standard for colleagues in
the same or similar positions but could have been customised to include additional responsibilities as
the job requires. Read your contracts carefully before signing them as by signing them you
acknowledge that you are accepting the tasks specified. Ask if you do not understand certain clauses
and information.
8 In Closing
It is better to be well prepared and have the appropriate expectations when you enter the job market.
In this learning unit we introduced some areas that will assist you in this preparation. It is also
important to realise that we live in a fast-paced world where technology, information and situations
constantly change.
In summary, make sure that you always stay informed and well-prepared, keep records and conduct
yourself in a way that will grow your opportunities to your long-term advantage.
Bibliography
Lawson, K. 2016. New Employee Orientation Training. Alexandra, Virginia: Association For Talent
Development (ATD Workshop Series). [Online]. Available at:
https://ezproxy.iielearn.ac.za/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=e0
20mww&AN=1107620&site=ehost-live [Accessed 10 May 2020].
National Research Council. 2012. Education for Life and Work: Developing Transferable Knowledge
and Skills in the 21st Century. Washington, DC: The National Academies Press.
https://doi.org/10.17226/13398.
Robles, M. M. 2012. ‘Executive Perceptions of the Top 10 Soft Skills Needed in Today’s Workplace’,
Business Communication Quarterly, 75(4), pp.453–465. doi: 10.1177/1080569912460400.