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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

Stem cell research and human cloning: legal and ethical focal points
2004-07-29

   

(Summary of the inaugural lecture of Prof Hennie Oosthuizen, from the Department of Criminal and Medical Law at the Faculty of Law of the University of the Free State.)

 

In the light of stem cell research, research on embryo’s and human cloning it will be fatal for legal advisors and researchers in South Africa to ignore the benefits that new bio-medical development, through research, contain for this country.

Legal advisors across the world have various views on stem cell research and human cloning. In the USA there is no legislation that regulates stem cell research but a number of States adopted legislation that approves stem cell research. The British Parlement gave permission for research on embryonic stem cells, but determined that it must be monitored closely and the European Union is of the opinion that it will open a door for race purification and commercial exploitation of human beings.

In South Africa the Bill on National Health makes provision for therapeutical and non therapeutical research. It also makes provision for therapeutical embryonical stem cell research on fetuses, which is not older than 14 days, as well as for therapeutical cloning under certain circumstances subject to the approval of the Minister. The Bill prohibits reproductive cloning.

Research on human embrio’s is a very controversial issue, here and in the rest of the world.

Researchers believe that the use of stem cell therapy could help to side-step the rejection of newly transplanted organs and tissue and if a bank for stem cell could be built, the shortage of organs for transplants would become something of the past. Stem cells could also be used for healing of Alzheimer’s, Parkinson’s and spinal injuries.

Sources from which stem cells are obtained could also lead to further ethical issues. Stem cells are harvested from mature human cells and embryonic stem cells. Another source to be utilised is to take egg cells from the ovaries of aborted fetuses. This will be morally unacceptable for those against abortions. Linking a financial incentive to that could become more of a controversial issue because the woman’s decision to abort could be influenced. The ideal would be to rather use human fetus tissue from spontaneous abortions or extra-uterine pregnancies than induced abortions.

The potential to obtain stem cells from the blood of the umbilical cord, bone-marrow and fetus tissue and for these cells to arrange themselves is known for quite some time. Blood from the umbilical cord contains many stem cells, which is the origin of the body’s immune and blood system. It is beneficial to bank the blood of a newborn baby’s umbilical cord. Through stem cell transplants the baby or another family member’s life could be saved from future illnesses such as anemia, leukemia and metabolic storing disabilities as well as certain generic immuno disabilities.

The possibility to withdraw stem cells from human embrio’s and to grow them is more useable because it has more treatment possibilities.

With the birth of Dolly the sheep, communities strongly expressed their concern about the possibility that a new cloning technique such as the replacement of the core of a cell will be used in human reproduction. Embryonic splitting and core replacement are two well known techniques that are associated with the cloning process.

I differentiate between reproductive cloning – to create a cloned human embryo with the aim to bring about a pregnancy of a child that is identical to another individual – and therapeutically cloning – to create a cloned human embryo for research purposes and for healing human illnesses.

Worldwide people are debating whether to proceed with therapeutical cloning. There are people for and against it. The biggest ethical objection against therapeutical cloning is the termination of the development of a potential human being.

Children born from cloning will differ from each other. Factors such as the uterus environment and the environment in which the child is growing up will play a role. Cloning create unique children that will grow up to be unique individuals, just like me and you that will develop into a person, just like you and me. If we understand this scientific fact, most arguments against human cloning will disappear.

Infertility can be treated through in vitro conception. This process does not work for everyone. For some cloning is a revolutionary treatment method because it is the only method that does not require patients to produce sperm and egg cells. The same arguments that were used against in vitro conception in the past are now being used against cloning. It is years later and in vitro cloning is generally applied and accepted by society. I am of the opinion that the same will happen with regard to human cloning.

There is an argument that cloning must be prohibited because it is unsafe. Distorted ideas in this regard were proven wrong. Are these distorted ideas justified to question the safety of cloning and the cloning process you may ask. The answer, according to me, is a definite no. Human cloning does have many advantages. That includes assistance with infertility, prevention of Down Syndrome and recovery from leukemia.

 

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