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06 February 2024 | Story Valentino Ndaba | Photo SUPPLIED
Moot Court 2023
UFS Law Clinic Team (from behind) Ayant Jaggan, Christopher Rawson, Lesenyego Makone, Lesley-Ann Terblanche, Palesa Dingiswayo and Paul Antohnie (Director).

The University of the Free State's (UFS) Faculty of Law recently hosted the 19th annual Kovsie First-Year Moot Court Competition, in collaboration with the UFS Law Clinic and South Africa’s Supreme Court of Appeal.

The event, which took place late last year, marked a significant milestone in experiential legal education, showcasing the dedication and expertise of the university's budding legal minds.

According to Moot Court Coordinator Palesa Dingiswayo, “The competition aimed to empower aspiring legal minds by giving them an opportunity to showcase their skills and knowledge in a simulated courtroom setting. The participants had to research, write, and present their arguments on a challenging case involving customary law, constitutional law, and the law of succession. The case was designed to test their understanding of the law, their ability to apply it to complex facts, and their persuasive power in oral advocacy.”

Recognising excellence

The competition presented awards acknowledging outstanding accomplishments, including the Best Heads of Arguments Award (awarded to Larieschka King and Saurav Maharaj from the University of Johannesburg (UJ), bestowed upon the team that crafted the most lucid, succinct, and persuasive written submissions. This accolade honours proficiency in law and the skill to present arguments logically and cohesively. The Best Speaker Award (awarded to Sechaba Mkhaya from the University of Pretoria) recognises the individual who captivated the judges with their eloquent presentation. This distinction celebrates confidence, charisma, and creativity in delivering arguments with flair and finesse. Lastly, the Best Overall Team Award (awarded to Larieschka King and Saurav Maharaj from UJ) went to the team that excelled in both written and oral aspects. This award acknowledges passion, dedication, and commitment to the cause of justice.

Dingiswayo shared insights into what set the finalists apart in terms of their approach, legal acumen, or presentation skills, stating, "According to the feedback from the judges, the overall team demonstrated an extensive understanding of the law relevant to the competition, enhancing their capacity to address related issues based on the given facts. They showcased excellent research skills. The winning team submitted articulate, concise, and well-crafted heads of arguments that meticulously addressed the legal issues at hand. Moreover, they exhibited strong oral advocacy skills in effectively responding to questions."

Preparation is key

Itumeleng Molelengoane, Former Junior Moot Officer and incoming Chairperson of the UFS’s Moot Court organising group Legal Behemoth, provided insight into the competition's success, emphasising the importance of training sessions.

“I provided training and guidance to the junior law students who participated in the competition,” Molelengoane said. “I hosted three training sessions per semester, where they were taught the basics of research and writing skills, oral advocacy, and court etiquette. I also provided them with feedback and tips on how to improve their performance in the weeks leading up to the competition.” 

The finalist team

First-year student Omphemetse Sothomela, a member of the UFS team that advanced to the finals, highlighted the difficulties in formulating a strong argument for a party facing unfavourable case law and legislation: “This was challenging because we had to tread carefully on the facts in trying to understand how we could give her case some legal and factual substance. We also had to do all of this while sticking to the facts before us and not fabricating anything – and I think that was quite a challenging task.”

Sothomela expressed gratitude for the real-life experience gained and highlighted the importance of teamwork in moot court competitions.

Siyanda Fojile, another finalist from the UFS Team, discussed the challenge of making sense of vague facts in the case. Fojile highlighted the opportunity to learn about court procedure, the importance of respect in and out of the courtroom, and the value of clear and precise writing. “Appearing in the Supreme Court of Appeal was an opportunity I didn't take for granted. It gave me an opportunity to learn more about how one should carry themselves both inside and outside of the courtroom,” Fojile said.

Participants in the Moot Court Competition also learned about ethics and professional conduct during a talk by the Honourable Judge Lani Opperman of the High Court.

According to the organisers, “The 19th Annual Kovsies First-Year Moot Court Competition not only showcased legal acumen but also exemplified the commitment of the University of the Free State's Faculty of Law to providing transformative experiential learning opportunities for its students.” 

Honourable Judge Lani Opperman at the Supreme Court of Appeal.

Honourable Judge Lani Opperman at the Supreme Court of Appeal.

News Archive

Traffic in translation between French and Afrikaans follows unique direction
2017-11-21

 Description: Traffic in translation between French and Afrikaans  Tags: Traffic in translation between French and Afrikaans

At Prof Naòmi Morgan’s inaugural lecture were, from the left:
Profs Corli Witthuhn, Vice-Rector: Research; Morgan;
Heidi Hudson, Acting Dean of the Faculty of the Humanities;
and Angelique van Niekerk, Head of the Department of Afrikaans
and Dutch, German and French.
Photo: Stephen Collett

Translation is normally done from a so-called weaker language into a mightier one. This is one of the ways, according to author Antjie Krog in her book A Change of Tongue, which is used by a ‘weaker’ language to help it survive.

However, according to Prof Naòmi Morgan, Head of French in the Department of Afrikaans and Dutch, German and French at the University of the Free State (UFS), this is not the case with French, which is the mightier language, and Afrikaans.

Influence of translators on Afrikaans

“The number of translated titles from French into Afrikaans, from ‘great’ into ‘lesser’ language, is far more than the other way round, almost as if the translators wanted to make the Afrikaans-speaking readers literary self-sufficient, but did not feel the same need to extend the Afrikaans literature into other languages.”

This was Prof Morgan’s words on 8 November 2017 during her inaugural lecture entitled, Van Frans na Afrikaans: 100 jaar van byna eenrigting-vertaalverkeer, in the Equitas Auditorium on the Bloemfontein Campus. A PowerPoint presentation, with a symbolic background of the South African and French flags and relevant texts, formed part of her lecture. She also played video clips and pieces of music to complement it.

Among others, she has a doctorate in Modern French Literature from the University of Geneva, and her translations have earned her a French Knighthood and various prizes. She is also well-known for her translations and involvement in dramas such as Oskar en die Pienk Tannie and Monsieur Ibrahim en die blomme van die Koran.

Greater challenges in this direction

In her lecture, she looked at the two-way traffic from French into Afrikaans and from Afrikaans into French.

Three French citizens, Pierre-Marie Finkelstein, Georges Lory, and Donald Moerdijk, have translated from Afrikaans into French. Of course, their background and ties with South Africa also had an influence on their work. “In Moerdijk’s case, translation from Afrikaans, his second language, was a way in which to recall the country he left in his mind’s eye,” she said.

Prof Morgan is one of only two translators who translates works from Afrikaans into French, the other being Catherine du Toit. However, translations in this direction pose greater challenges. She said it involves “not only knowledge of the language, but also knowledge of the French target culture and literature”. In addition, there aren’t any good bilingual dictionaries, and the only Afrikaans-French dictionary is a thin volume by B Strelen and HL Gonin dating from 1950.

Prof Morgan still believes in translation

She believes there is a need to hear foreign languages such as French in the form of music in Afrikaans, and the speaking of a language alone might not be enough to ensure its survival. 

She still believes in translation, and quoted Salman Rushdie’s Imaginary homelands: essays and criticism 1981-1991 in this respect: “The word ‘translation’ comes, etymologically, from the Latin for ‘bearing across’. Having been borne across the world, we are translated men. It is normally supposed that something always gets lost in translation; I cling, obstinately to the notion that something can also be gained.”

Click here for Prof Morgan’s full lecture (only available in Afrikaans).

 

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