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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 UFS issues a statement regarding the outcome of recent court case
2014-09-15

A significant number of reports appeared in the media the past week regarding this alleged attack, which happened on the Bloemfontein Campus of the UFS on 17 February 2014.

Although the senior leadership of the UFS is always in favour of good and objective journalism, we find it unfortunate that some of the facts are reported in a misleading and/or inaccurate way by some of the local media.

It is important to us that the true facts are stated. Not only for the sake of those involved, but also for our staff, students, alumni and other important stakeholders.

Here are the facts:

1.    The university was not the complainant. The alleged incident was reported to the South African Police Service (SAPS) by the victim, Muzi Gwebu, and the charges were laid by the State.

2.    At no point did the university management in any of its public statements describe this incident as a case of racism; not once. Charges of racism, then and now, must be proven, not assumed to be true simply because someone alleges racism. That is our standard approach, then and now.

3.    Cobus Muller and Charl Blom were suspended by the university, not expelled – pending the results of the court case. Emotions were running high among members of the student body and, on grounds of the evidence available to the university management at the time, as well as concerns for student and campus safety, they were suspended pending the outcome of a court hearing. This is normal procedure. Suspension does not mean you are guilty; it means you have a case to answer, either according to the university's disciplinary procedures or in the courts. For these reasons the university management will not apologise for the suspension.

4.    The university awaited the outcome of the court case before deciding whether disciplinary action should also be taken against Cobus Muller and Charl Blom. In the light of both the South African Human Rights Commission (SAHRC) and the Regional Court rulings, the university management subsequently decided to lift the suspensions of both Muller and Blom from all campuses of the university with immediate effect.

Muzi Gwebu laid serious charges with the SAPS almost immediately after the incident, and the university management believed, on the evidence then available, that the students had a case to answer.
 
5.    As the Director of Public Prosecutions decides on who will be prosecuted and who not, there are no grounds for the university to pay the legal fees of any of the students in this case.
 
Finally:
The University of the Free State will not be fazed by inaccurate and distorted information, rumour and exaggerations. We are still striving to become a truly excellent university, with a focus on the academic, but also the human development of our students.

Issued by: Lacea Loader (Director: Communication and Brand Management)
Tel: +27 (0) 51 401 2584 | +27 (0) 83 645 2454
E-mail: news@ufs.ac.za

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