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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

SA cannot sustain momentum - Boesak
2010-09-02

Photo: Stephen Collett

South Africa finds it increasingly difficult to live up to the challenges facing it as a nation because of its failure to meet its democratic ideals and possibilities, peace and lack of self-belief.

This was according to renowned cleric and former political activist, Dr Allan Boesak, who recently delivered the CR Swart Memorial Lecture, the oldest memorial lecture at the University of the Free State (UFS). His lecture was on the topic Creating moments, sustaining momentum.

He said South Africa had plenty of opportunities to show the whole world what was possible if all the people of this country joined hands and worked together to build a truly united society. However, he said, the country somehow invariably contrived to find its way out of these wonderful possibilities.

He cited events of historical significance like Codesa, the inauguration of Nelson Mandela as the first democratic president of South Africa, the assassination of South African Communist Party leader, Chris Hani; and the rugby and soccer world cups.
To drive his point home about this dismal failure of the country to “sustain momentum”, he alluded to the current public servants’ strike that is gradually crippling public service.

“The public servants’ strike was neither unexpected nor is it completely unjustifiable. Most of us have understanding for the frustration of teachers and health workers. Their demands resonate with most of us, and I think that it is scandalous of SACP fat cats to tell workers to “stop crying like babies,” he said.

He also added to the criticism of the much-maligned decision of the government to spend billions of taxpayers’ money to purchase weapons when there was “no discernible military threat” to the country. He said the greatest threat to the security of the country was poverty, inequality and social cohesion.

“As for the argument that arms sales bring in foreign exchange – how can we be instrumental in killing the poor elsewhere with the intention of feeding our poor, and then our ill-gained profits feed only the already well-fed?” he asked.
“Can we see the hopeless contradiction, the total impossibility of being both the apostle of peace and a merchant of death?”

He also lambasted the Black Economic Empowerment (BEE) policy of the government which he said benefited only those connected to the political aristocracy.

“It couples with the unashamed, in-your-face display of wealth by the privileged elite in this country, the crass materialism of the so-called “bling generation”, and the casual carelessness with which promises to the poor are given and treated. It is only the public symptom of the deep-seated scorn our political elites feel for the poor,” he said.

He said the government’s disdain to the poor was “setting fire to our future”.

“The anger of people on the ground can no longer be denied or ignored, and little by little, the leadership articulating and directing this anger is being estranged from politically elected leadership, and even more disturbing, from our democratic processes,” he said.

He concluded that the country’s difficulty in dealing with race and racism was putting the reconciliation process kick-started by Mandela just over a decade ago, under a threat.
 

 

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