UNIVERSITY EXAMINATIONS

January/February 2022

PAC2602

PARALEGAL ADVICE CENTRE

100 Marks
24-Hours

EXAMINERS:
FIRST: MR KE BAPELA
SECOND: PROF C STOOP

This paper consists of 9 pages.

Instructions:

1. Your portfolio must contain your full names and student number.
2. Your examination is in the form of a 24-hours non-venue based portfolio.
3. Answer ALL questions.
4. Show calculations where required.
5. Do not use Tippex or any similar correction fluid.
6. SUBMIT YOUR PORTFOLIO ON MYUNISA under the ‘Assessment Info tool’ on 01st
January 2022 no later than 10:30.
7. Your portfolio must be typed in Arial 12pt.
8. Your portfolio should not exceed 12 typed pages.
9. Your portfolio must be submitted in PDF format as ONE DOCUMENT.
10. You must familiarise yourself with the UNISA rules pertaining to plagiarism. Plagiarism
will result in zero marks, disciplinary action, and possible expulsion from UNISA.

PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING

THE EXAMINATION QUESTIONS.

1. The examination question paper counts 100 marks.

2. It consists of FIVE (5) questions. Answer ALL FIVE (5) questions.

Open Rubric
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3. The duration of the examination is 24-hours. Your answers must be submitted via
myExams platform on 01st January 2022 at 10:30 (South African Standard Time).

4. This is an open-book examination. You may consult your prescribed study material
during the examination.

5. Your answer to this portfolio examination must be submitted online on the myExams
platform.

5.1 Access myExams at https://myexams.ac.za/portal and login using your student number
and myUnisa password.

5.2 Go to your specific examination site through the site tabs on the horizontal navigation
bar. Also check your Sites link in the top right-hand corner if you do not find the site on
the horizontal navigation bar.

5.3 Once the site has loaded, select the eAssessment tool from the left-navigation menu

5.4 The list of all available assessments in the site will be displayed.

5.5 Select the assessment for which you want to upload the examination answer file by
clicking on the title of the assessment in the list. A new page will open.

5.6 Submit your examination answer file.

Depending on the assessment criteria, you may be allowed to attach a file or perhaps
multiple files.

Under Attachments, click the Choose File button to browse for a file on your device.
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Once you have attached your answer file, the name of the file, as well as the file size
and upload time stamp will be displayed under Attachments.

Tip: You may click Remove to remove the attachment if you selected the wrong file.

Tip: Select the honour pledge. Students MUST check the honour pledge before
submission if it appears on the screen. A student will not be able to submit the
assessment if he/she did not check the honour pledge.

When you are ready and satisfied that you have correct answer file, click the Submit
button to complete your assessment submission.

Tip: If you are not yet ready to submit, you may click Preview to preview the
submission, or Save Draft to save your submission and submit it later. Click Cancel to
exit the assessment without saving or submitting.

5.7 Submission confirmation

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Once you have submitted your assessment, you will receive a confirmation message on
the screen. Make a screen copy for your records. In addition, if you have opted to
receive email notifications, you will also receive an email confirmation of your submission.

6. The cover page to your take-home exam must include your name, student number and
the module code.

7. It is preferred that your portfolio exam is typed, however, handwritten submissions will
also be accepted. If the portfolio exam is typed, the maximum length is 12 pages (which
includes the cover page and the bibliography). If the portfolio exam is handwritten, the
maximum length is 22 pages (which includes the cover page and the bibliography).

8. Whether your answers are typed or handwritten, your submission on the myExams
platform must be made in the form of one PDF document.

9. If your answers are typed, ensure that the following requirements are adhered to. Items
9.3-9.6 apply to written assignments as well.

9.1 The text must be typed in Arial font, size 12 with single line spacing within the paragraph,
and double line spacing after the paragraph.

9.2 The text must be justified.

9.3 All of the pages must be numbered on the bottom right hand corner of the page.

9.4 All margins must be 2.5cm, but the left margin must be 3cm.

9.5 South African English and not American English should be used. For example, the
correct spelling is “Labour” and not “Labor”.

9.6 Do not use abbreviations or SMS language.

9.7 All quotes that are two lines long (or less), must form part of the main text, be written in
italics, and be bracketed by quotation marks. Where a quotation is longer than two lines,
it must be typed in a separate paragraph in italics in size 11 font and must be indented
by 1 cm. No quotation marks are required when the quotations stand alone. Use
quotations very sparingly. In this take-home exam, a maximum of 5% of the text may
be quoted.

10. When answering the take-home exam questions, remember that an open-book exam is
a test at a higher level than the usual type of exam, where memory is tested as much
as insight. In an open-book exam, you need not memorise any information. You are
expected to prove that you can use information, rather than merely repeat it. In brief,
what is being tested is factual knowledge, understanding and the correct application
thereof, not memory skills. For this reason, you do not earn marks by merely detailing
a list of all the information that you think might be relevant to a particular question. This
gives no indication that you know what statutory or other provisions are applicable in a
specific context. You are expected to identify precisely what information applies, and
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then explain why you think so. Also, because you have the guide available when
answering questions, we do not give marks for direct quotations from the guide. You
are therefore assessed on your level of understanding of the legal principles by looking
at how well you applied the principles to the questions. PLEASE DO NOT CUT AND
PASTE ANSWERS FROM THE STUDY GUIDE (OR ANY OTHER SOURCE).

11. The arguments that you make must be logical, well-structured and substantiated by all
of the relevant legal principles. You are given 24 hours to complete the take-home
exam. Use the time given wisely.

11.1 Ensure that you give reasons for each answer. Substantiate your answers by referring
to ALL of the relevant authorities, e.g. sections from relevant legislation and/or court
cases in the text or in your footnotes.

11.2 You are required to have read and summarised the prescribed cases yourself. The
summaries in the Study Guide are not sufficient for this exam. When using case law to
support your answer, please include complete references to the relevant cases in your
footnotes. This means that you must not only include the name of the case but also the
exact page and section and/or paragraph where the information can be found. The
same applies to articles and books used.

11.3 A number of students lose marks because they do not approach problem-type questions
correctly. When answering such questions, it is important to first clarify for yourself the
area of work where the answer must be sought. Once you have done this, set out the
relevant legal principles. Deal only with those principles that relate to the given facts.
Next, apply these principles to the facts. This is where most of the students lose marks
- they set out the law in some detail, but then do not illustrate how it applies to the factual
situation they have been asked to solve. Finally, state your conclusion.

12. By ticking the Honour Pledge, you confirm that you have read (i) the University’s Policy
on Copyright Infringement and Plagiarism and the Student Disciplinary Code, which are
both available on myUnisa: www.unisa.ac.za/unisarules, and (ii) the information relating
to student values and plagiarism that is found at
https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-values-and-
rules.
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QUESTION 1

1.1 Desiree is a paralegal who assists members of her community to solve legal
problems and negotiates with the municipal officials in the event of service delivery
complaints.

(a) Name the type of paralegal that Desiree represents and give a reason for your
answer.
(2)

(b) Explain the activities in which Desiree may be involved in her capacity as the
paralegal that she represents.
(10)

(c) A group of young women approached Desiree for help in addressing the problem
of violence against women that has been increasing in the last few years. Identify
the method that Desiree should use to address the problem and describe how she
would go about addressing it.
(5)

1.2 Name the three questions that need to be answered in a basic needs analysis
process for the community before setting up a community-based Paralegal Advice
Centre.

(3)

[20]

QUESTION 2

2.1 Raymond, Masego and Shama intend to establish a community-based Paralegal

Advice Centre in their community but they are unsure about drafting a constitution
before they start operating. Explain to them the importance of a constitution for a
Paralegal Advice Centre.
(6)
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2.2. What are the basic elements of the constitution of a Paralegal Advice Centre?

(5)

2.3. One of the main elements of a Paralegal Advice Centre’s constitution is financial
controls. Name eight provisions regarding financial controls that should be
considered in the constitution.

(8)
2.4. What is the basic guideline on drafting a constitution for a Paralegal Advice
Centre?

(1)

[20]

QUESTION 3

Maureen has established a new Paralegal Advice Centre (PAC) in her community, but
she did not register her newly formed PAC under the Non-Profit Organisation (NPO) Act.
Although it is not compulsory to register a PAC under the NPO Act, there are advantages
for doing so.

3.1 Briefly discuss the advantages of registering a PAC as an NPO under the NPO
Act.

(10)

3.1 Registering under the NPO Act comes with certain responsibilities. Mention and
discuss the duties of a PAC registered under the NPO Act.
(6)

3.2 What are the consequences for non-compliance with the NPO Act by a PAC
registered under the NPO Act?
(4)

[20]
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QUESTION 4

You are part of the WomanAndChild.Org Paralegal Advice Centre (PAC) which requires
funding in order to fulfill its functions and to continue with its operations. You are part of
the team that needs to attract funders.

4.1 The key to successful fundraising is to have an effective fundraising strategy, for
example, team brain-storming and the formulation of a joint action plan. What
should be the main focus in attracting funders?
(4)

4.2 After you have identified potential funders, you need to do some research
regarding these funders. What needs to be researched?
(5)

4.3 Communicating with and reporting to funders are crucial since funders appreciate
being kept in the picture of what is happening, over and above receiving the
required reports. How can funders be kept involved?
(3)

[12]

QUESTION 5

5.1 A budget preparation is important in order for a PAC to avoid fruitless expenditures.
There are, however, three types of costs associated with running a PAC. Name
and discuss these types of costs.
(6)

5.2 Explain the importance of contingency expenses in a budget for a PAC.

(2)
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[8]

QUESTION 6

Kim, Trevor and Qolisiwe intend to register a Paralegal Advice Centre. They are not
certain as to which legal entities can be registered under the Non-Profit Organisations Act
71 of 1997 (NPO Act). Explain to them three different forms of legal entities which can be
registered under the NPO Act. In your answer, you should discuss the governance
structure, characteristics, formation process and founding documents of each legal entity.

[20]

Total [100]

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UNISA 2021