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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

UFS welcomes Constitutional Court’s ruling on its Language Policy
2017-12-29



The executive management of the University of the Free State (UFS) welcomes today’s judgement by the Constitutional Court in favour of the university’s Language Policy. The judgement follows an appeal lodged by AfriForum against the judgement and order delivered by the Supreme Court of Appeal (SCA) on the implementation of the UFS Language Policy on 28 March 2017. 
 
In a majority ruling, Chief Justice Mogoeng Mogoeng denied AfriForum’s application for leave to appeal the SCA’s ruling, and said the UFS Council’s approval of the Language Policy was lawful and constitutionally valid. The court found that the adoption of the Language Policy was neither inconsistent with the provisions of the Constitution, nor did it violate the Constitutional rights of any students and/or staff members of the UFS.
 
Today’s landmark judgement is not only paving the way for the UFS to continue with the implementation plan for its Language Policy as approved by the UFS Council on 11 March 2016, but it is also an indication of the value which the university’s decision to change its Language Policy to English as primary medium of instruction has on higher education in South Africa.
 
“The judgement by the Constitutional Court is not a victory against Afrikaans as language. The UFS will continue to develop Afrikaans as an academic language. A key feature of the UFS Language Policy is flexibility and the commitment to strive for a truly multilingual environment. Today’s judgement allows the UFS to proceed with the implementation of its progressive approach to a language-rich environment that is committed to multilingualism,” says Prof Francis Petersen, Rector and Vice-Chancellor of the UFS.
 
According to Prof Petersen, the UFS is dedicated to the commitments in the Language Policy and, in particular, to make sure that language development is made available to students in order to ensure their success as well as greater levels of academic literacy – especially in English. This includes contributing to the development of Sesotho and isiZulu as higher-education languages within the context of the needs of the different UFS campuses.
 
“We can now continue to ensure that language is not used or perceived as a tool for the social exclusion of staff and/or students on any of the three campuses, and continue to promote a pragmatic learning and administrative environment committed to and accommodative to linguistic diversity within the regional, national, and international environments in which the UFS operates,” says Prof Petersen.
 
The UFS is the first university in South Africa appearing before the Constitutional Court regarding its Language Policy. 
 
During 2017, the Faculties of Health Sciences, the Humanities, and Law started with the implementation of the new Language Policy at first-year level. This includes the presentation of tutorials in Afrikaans. The remaining faculties will start implementing the policy as from 2018.

Released by:
Lacea Loader (Director: Communication and Brand Management)
Telephone: +27 51 401 2584 | +27 83 645 2454
Email: news@ufs.ac.za | loaderl@ufs.ac.za
Fax: +27 51 444 6393

Related articles:
UFS welcomes unanimous judgement about its Language Policy in the Supreme Court of Appeal (28 March 2017)
Judgement in the Supreme Court of Appeal about UFS Language Policy (17 November 2016)
Implications of new Language Policy for first-year students in 2017 (17 October 2016)
UFS to proceed with appealing to Supreme Court of Appeal regarding new Language Policy (29 September 2016)
UFS to lodge application to appeal judgment about new Language Policy (22 July 2016)
High Court ruling about new UFS Language Policy (21 July 2016)
UFS Council approves a new Language Policy (11 March 2016)

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