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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

The TRC legitimised apartheid - Mamdani
2010-07-20

 Prof. Mahmood Mamdani
“The Truth and Reconciliation Commission (TRC) accepted as legitimate the rule of law that undergirded apartheid. It defined as crime only those acts that would have been considered criminal under the laws of apartheid.”

This statement was made by the internationally acclaimed scholar, Prof. Mahmood Mamdani, when he delivered the Africa Memorial Lecture at the University of the Free State (UFS) last week on the topic: Lessons of Nuremberg and Codesa: Where do we go from here?

“According to the TRC, though crimes were committed under apartheid, apartheid itself – including the law enforced by the apartheid state – was not a crime,” he said.

He said the social justice challenges that South Africa faced today were as a result of the TRC’s failure to broaden the discussion of justice beyond political to social justice.

He said it had to go beyond “the liberal focus on bodily integrity” and acknowledge the violence that deprived the vast majority of South Africans of their means of livelihood.

“Had the TRC acknowledged pass laws and forced removals as constituting the core social violence of apartheid, as the stuff of extra-economic coercion and primitive accumulation, it would have been in a position to imagine a socio-economic order beyond a liberalised post-apartheid society,” he said.

“It would have been able to highlight the question of justice in its fullness, and not only as criminal and political, but also as social.”

He said the TRC failed to go beyond the political reconciliation achieved at Codesa and laid the foundation for a social reconciliation. “It was unable to think beyond crime and punishment,” he said.

He said it recognised as victims only individuals and not groups, and human rights violations only as violations of “the bodily integrity of an individual”; that is, only torture and murder.

“How could this be when apartheid was brazenly an ideology of group oppression and appropriation? How could the TRC make a clear-cut distinction between violence against persons and that against property when most group violence under apartheid constituted extra-economic coercion, in other words, it was against both person and property?”, he asked.

“The TRC was credible as performance, as theatre, but failed as a social project”.

Prof. Mamdani is the Director of the Institute of Social Research at the Makerere University in Kampala, Uganda; and the Herbert Lehman Professor of Government in the Department of Anthropology at the Columbia University in New York, USA.

Media Release
Issued by: Mangaliso Radebe
Assistant Director: Media Liaison
Tel: 051 401 2828
Cell: 078 460 3320
E-mail: radebemt@ufs.ac.za  
20 July 2010
 

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