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19 September 2023 | Story Valentino Ndaba | Photo Quinter Onyango
High Court Tour
The Free State High Court hosted a Women's Month educational tour for UFS female students.

"It is significant to reflect that it was just more than 100 years since women were allowed to practice law. The first female legal practitioners being admitted in the early 1920s. A celebration of Women's Month acknowledges the many victories for equality and social justice that women practising in the legal profession have contributed and continue to contribute," said Dr Anthea-Lee September-Van Huffel, Private Law Lecturer in the University of the Free State (UFS) Faculty of Law, as she reflected on the importance of commemorating Women's Month.

To conclude the celebration, the faculty collaborated with the Free State High Court to organise a tour, affording a group of UFS female students the opportunity to immerse themselves in the practical aspects of civil litigation by observing court proceedings in the Free State High Court.

A glimpse into the legal world

The students engaged with judges, advocates, and attorneys, addressing challenges confronting the legal profession, including issues related to mental health post-qualification. Judge Nokuthula Daniso emphasised during the proceedings, "A career in the legal profession is highly demanding. Your passion, proficiency, and diligence are your armour."

Salomie Kichele, a third-year Law student, was among the participants of the tour. She described the experience as the highlight of her year, saying, "Observing the intricacies of the legal system, from courtroom processes to the dynamics between judges, attorneys, and others, was truly fascinating. However, what truly stood out was gaining access to the judge's chamber, a privilege that is usually restricted. Being able to engage the judge with questions about her journey to becoming a judge, especially as a woman, was inspirational. Being inside the judge's chamber, surrounded by South African law books, highlighted the level of expertise required of our judges when dealing with cases. This experience further motivated me to continue nurturing my passion for reading."

Bridging the Gap Between Theory and Practice

For Kichele, this exposure to the High Court and interaction with judges, advocates, and attorneys provided clarity regarding the expectations placed upon her as a future legal practitioner. It bridged the gap between theoretical knowledge acquired in the classroom and the practical application of the law. By witnessing real cases and observing legal professionals in action, Law students gain a deeper understanding of the legal system's intricacies and the nuances of courtroom dynamics.

"Such exposure helped me identify the specialisation I would like to pursue in the legal field and fuelled my determination to pursue it. Furthermore, being within the High Court environment highlighted the need for more female judges. Experiencing this can serve as a motivating force for women aspiring to become judges one day," Kichele added. 

Bloemfontein's legal legacy

The UFS Faculty of Law enjoys an advantageous location in Bloemfontein, renowned as a central hub for numerous high-profile legal cases, primarily because it houses the Supreme Court of Appeal. Furthermore, the faculty takes pride in the fact that several of its academic staff members have, over the years, served as acting judges in the Bloemfontein High Court. Consequently, the Faculty of Law remains dedicated to nurturing and fortifying its ties within the legal profession. 

News Archive

Wrongful suffering must be compensated, Prof Johann Neethling argues
2016-04-20

Description: Prof Johan Neethling, wrongful suffering must be compensated Tags: Prof Johan Neethling, wrongful suffering must be compensated

From the left are Prof Jonathan Jansen, Vice-Chancellor and Rector, Prof Caroline Nicholson, Dean of the Faculty of Law, Prof Neethling, Prof Rita-Marie Jansen, Vice-Dean, and Dr Brand Claassen, Head of the Department of Private Law.
Photos: Stephen Collett

On 11 April, the Faculty of Law held the first of the year’s series of Prestige Lectures presented by Prof Johann Neethling, Senior Professor in the Department of Private Law.  The event was attended by senior faculty members, the Dean of Law Prof, Caroline Nicholson, and the Vice-Chancellor and Rector, Prof Jonathan Jansen.

In his opening remarks, Prof Jansen said “Prestige lectures are at the heart of a university’s academic endeavour. It would serve the university community well to present them more often, as they go to the heart of important issues that affect society”

Prof Neethling made a compelling case for compensation for wrongful suffering by a child born with impairments. Since the mid-1960s, the actions of wrongful conception and wrongful birth have been recognised in South African law. Wrongful conception is defined as when a healthy child is born as a result of failed sterilisation or abortion, and wrongful birth is when a doctor fails to inform parents of a disability before the birth of their child.

“The reality is that a child born with impairments may indeed suffer (sometimes extreme) pain, loss of amenities of life, which would justify an award of damages,” he said.

So far, the action for wrongful suffering has been dismissed by the High Court and the Supreme Court of Appeal. However, he highlighted several cases where wrongful conception and wrongful birth was recognised by the courts.

“Why can the same approach (for wrongful conception and wrongful birth) not be followed in wrongful suffering claims by accepting that a disabled child seeks to address the consequences of its birth?” he asked.

Prof Neethling is regarded as one of the greatest minds in Private Law, not only in South Africa but in the African continent.

A festschrift, Essays in Honour of Johann Neethling (2015), with contributions from more than 50 of his peers around the world, was also launched at the lecture.

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