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13 August 2025 | Story Tshepo Tsotetsi | Photo Stephen Collett
Moot Court
The Law Clinic in the Faculty of Law at the University of the Free State (UFS) hosted the 20th annual Kovsie Moot Court Competition from 4 to 6 August 2025.

The Law Clinic in the Faculty of Law at the University of the Free State (UFS) recently hosted the 20th annual Kovsie Moot Court Competition, which brings together first-year law students from across Southern Africa. The competition took place from 4 to 6 August 2025 at the Supreme Court of Appeal (SCA) in Bloemfontein, offering students the rare opportunity to present arguments in one of the country’s highest courts.

Participating institutions included Eduvos (Bloemfontein Campus), the University of Johannesburg, Rhodes University, and the National University of Lesotho, among others. 

 

Moot Court as a culture and a foundation

Pinky Mokemane, Moot Court Coordinator at UFS, described the competition as far more than an event. “Moot Court is a culture. It brings to life everything students have been studying. They are not just reading theory – they are applying it, speaking it, and defending it,” she said.

Over 200 first-year LLB students signed up to participate in this year’s internal selection process, and three – Niniwe Rens, Kabelo Mokhotla, and Sfiso Mbasela – were ultimately selected to represent UFS. Mokemane said being able to argue legal points in the SCA is a privilege no other university currently offers, and students should not take this opportunity for granted.

Legal Behemoth, a UFS student association that works closely with the Law Clinic to promote a strong moot culture at the university, was a critical force behind the success of this year’s Moot Court programme. The group plays a central role in planning the competition – training students, liaising with legal professionals, and teaching foundational advocacy skills from scratch.

Lethabo Lekhuleng, Chairperson of Legal Behemoth, explained that the group’s support starts long before the competition itself. “We begin by training the students from the ground up. Most of them don’t know anything about oral advocacy or courtroom procedure. So we guide them, give direction, and help them build confidence step by step,” she said.

Describing the students’ growth over the course of the competition, she added, “It was definitely the confidence [that grew]. From the first round to the final round, they became far surer of themselves in how they spoke, how they presented arguments, and how they carried themselves in court.”

Herman du Randt, a senior associate at PH Attorneys and a UFS alumnus, was one of the judges presiding over the competition. “We were looking for confidence. A student must show that they trust themselves and know their arguments. It is not only what you say, but why you say it, and the legal authority behind it,” he explained. 

Du Randt was deeply impressed, describing the students’ overall performance as “breathtaking”. “The amount of effort they put in, the depth of their research, and the clarity of their arguments was exceptional,” he said.

He also emphasised the importance of such competitions in shaping the future of legal professionals. Drawing from his experience of representing UFS internationally through Moot Court, he said, “There are thousands of students graduating with LLBs every year. You need something that makes you stand out. Moot Court is one of the most exposure-rich things you can do as a student. If you don’t take part, you miss a huge opportunity.”

 

Growth through experience: voices from the court floor

Rens and Mokhotla spoke candidly about their experience. “It was hectic. There were sleepless nights, a lot of preparation. But it was all worth it,” Rens said. Both students want to become advocates, and for them, presenting arguments in the SCA was a glimpse into their future.

Mokhotla reflected on what the experience taught her about herself: “I am not defined by failure. The fact that I stood in that court and saw my name there already meant so much. It was nerve-wracking, but I pushed myself to the limit – and that’s what I’ll take with me.”

Christopher Rawson, Acting Director of the UFS Legal Clinic, placed this year’s Moot Court effort within a broader educational vision. “The UFS Law Clinic plays a unique role in integrating practical legal education into the formal curriculum. The clinic hosts the competition and facilitates access to real-world and professionally relevant experiences in a court that is steeped in constitutional history, intellectual rigour, and the pursuit of justice. By doing so, the competition also supports the UFS’s Vision 130 commitments to producing graduates who are socially engaged, ethically grounded, and professionally competent,” he said.

Rawson also noted that early exposure to legal reasoning and oral argument builds the analytical and ethical foundation that students need. “From their initial submissions to their final oral arguments, the growth shown by our students reflects the strength of our approach – combining academic knowledge with skills-based learning and mentorship.”

Through its 20th edition, the Kovsie Moot Court Competition once again demonstrated that legal education at UFS is not confined to lecture halls. 

News Archive

Media: Sunday Times
2006-05-20

Sunday Times, 4 June 2006

True leadership may mean admitting disunity
 

In this edited extract from the inaugural King Moshoeshoe Memorial Lecture at the University of the Free State, Professor Njabulo S Ndebele explores the leadership challenges facing South Africa

RECENT events have created a sense that we are undergoing a serious crisis of leadership in our new democracy. An increasing number of highly intelligent, sensitive and committed South Africans, across class, racial and cultural spectrums, confess to feeling uncertain and vulnerable as never before since 1994.

When indomitable optimists confess to having a sense of things unhinging, the misery of anxiety spreads. We have the sense that events are spiralling out of control and that no one among the leadership of the country seems to have a definitive handle on things.

There can be nothing more debilitating than a generalised and undefined sense of anxiety in the body politic. It breeds conspiracies and fear.

There is an impression that a very complex society has developed, in the last few years, a rather simple, centralised governance mechanism in the hope that delivery can be better and more quickly driven. The complexity of governance then gets located within a single structure of authority rather than in the devolved structures envisaged in the Constitution, which should interact with one another continuously, and in response to their specific settings, to achieve defined goals. Collapse in a single structure of authority, because there is no robust backup, can be catastrophic.

The autonomy of devolved structures presents itself as an impediment only when visionary cohesion collapses. Where such cohesion is strong, the impediment is only illusory, particularly when it encourages healthy competition, for example, among the provinces, or where a province develops a character that is not necessarily autonomous politically but rather distinctive and a special source of regional pride. Such competition brings vibrancy to the country. It does not necessarily challenge the centre.

Devolved autonomy is vital in the interests of sustainable governance. The failure of various structures to actualise their constitutionally defined roles should not be attributed to the failure of the prescribed governance mechanism. It is too early to say that what we have has not worked. The only viable corrective will be in our ability to be robust in identifying the problems and dealing with them concertedly.

We have never had social cohesion in South Africa — certainly not since the Natives’ Land Act of 1913. What we definitely have had over the decades is a mobilising vision. Could it be that the mobilising vision, mistaken for social cohesion, is cracking under the weight of the reality and extent of social reconstruction, and that the legitimate framework for debating these problems is collapsing? If that is so, are we witnessing a cumulative failure of leadership?

I am making a descriptive rather than an evaluative inquiry. I do not believe that there is any single entity to be blamed. It is simply that we may be a country in search of another line of approach. What will it be?

I would like to suggest two avenues of approach — an inclusive model and a counter-intuitive model of leadership.

In an inclusive approach, leadership is exercised not only by those who have been put in some position of power to steer an organisation or institution. Leadership is what all of us do when we express, sincerely, our deepest feelings and thoughts; when we do our work, whatever it is, with passion and integrity.

Counter-intuitive leadership lies in the ability of leaders to read a problematic situation, assess probable outcomes and then recognise that those outcomes will only compound the problem. Genuine leadership, in this sense, requires going against probability in seeking unexpected outcomes. That’s what happened when we avoided a civil war and ended up with an “unexpected” democracy.

Right now, we may very well hear desperate calls for unity, when the counter-intuitive imperative would be to acknowledge disunity. A declaration of unity where it manifestly does not appear to exist will fail to reassure.

Many within the “broad alliance” might have the view that the mobilising vision of old may have transformed into a strategy of executive steering with a disposition towards an expectation of compliance. No matter how compelling the reasons for that tendency, it may be seen as part of a cumulative process in which popular notions of democratic governance are apparently undermined and devalued; and where public uncertainty in the midst of seeming crisis induces fear which could freeze public thinking at a time when more voices ought to be heard.

Could it be that part of the problem is that we are unable to deal with the notion of opposition? We are horrified that any of us could be seen to have become “the opposition”. The word has been demonised. In reality, it is time we began to anticipate the arrival of a moment when there is no longer a single, overwhelmingly dominant political force as is currently the case. Such is the course of history. The measure of the maturity of the current political environment will be in how it can create conditions that anticipate that moment rather than seek to prevent it. We see here once more the essential creativity of the counter-intuitive imperative.

This is the formidable challenge of a popular post-apartheid political movement. Can it conceptually anticipate a future when it is no longer overwhelmingly in control, in the form in which it is currently, and resist, counter-intuitively, the temptation to prevent such an eventuality? Successfully resisting such an option would enable its current vision and its ultimate legacy to our country to manifest in different articulations, which then contend for social influence. In this way, the vision never really dies; it simply evolves into higher, more complex forms of itself. Consider the metaphor of flying ants replicating the ant community by establishing new ones.

We may certainly experience the meaning of comradeship differently, where we will now have “comrades on the other side”.

Any political movement that imagines itself as a perpetual entity should look at the compelling evidence of history. Few movements have survived those defining moments when they should have been more elastic, and that because they were not, did not live to see the next day.

I believe we may have reached a moment not fundamentally different from the sobering, yet uplifting and vision-making, nation-building realities that led to Kempton Park in the early ’90s. The difference between then and now is that the black majority is not facing white compatriots across the negotiating table. Rather, it is facing itself: perhaps really for the first time since 1994. Could we apply to ourselves the same degree of inventiveness and rigorous negotiation we displayed leading up to the adoption or our Constitution?

This is not a time for repeating old platitudes. It is the time, once more, for vision.

In the total scheme of things, the outcome could be as disastrous as it could be formative and uplifting, setting in place the conditions for a true renaissance that could be sustained for generations to come.

Ndebele is Vice-Chancellor of the University of Cape Town and author of the novel The Cry of Winnie Mandela

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