2022 National Moot Court Finals sees learners fighting for human rights


By Nomthandazo Ntisa

The South African Human Rights Commission (SAHRC), the Departments of Basic Education (DBE) as well as the Justice & Constitutional Development (DOJ&CD) hosted their final rounds of the National Moot Court Programme today at the Constitutional Court. 


The proceedings were opened by Advocate Andre Gaum who observed all protocol and went on to  briefly explain the objective of the programme. “ The moot courts  engage with schools, learners and parents. They play a role in conscientizing the youth with regards to their human rights and prevents them from violating the human rights of others”. 


Honourable Deputy Minister of Justice and Constitutional Development, John Jeffrey has been a part of this programme since its inception on Human Rights Day in 2011. He proudly stated that since its inception, learners have gone onto progressing to the international school moot court and have won 3 times, the last win being in 2020.  


“The programme begins at a the writing phase where skilful teachers are involved in training the learners through their essays all the way up to the final rounds of the moot court, where lawyers also play a role in shaping and training the learners” said Jeffrey. 


He continued to explain that these programmes not only get students thinking about their higher learning and career choices but it also allows them to explore and better understand the perspective of their respective institutions. 


The proceedings saw the applicant, Rose Mudau filing a complaint against the respondent being the school governing body of  Denga Secondary School for her suspension after finding out she is pregnant. 


The applicants argued that her suspension was unconstitutional as it infringed on her right to education, dignity and privacy as the identity of the father was unwillingly exposed. 


The respondent argued that the suspension was in the interest of the learner and the suspension aligned with the code of conduct of the school which both Rose and her parents signed, agreeing to the terms of the school. 


Presiding Chief Justice of the moot court , Judge Jody Kollapen began by congratulating the two teams on a compelling and well researched case and ultimately declared the applicants as the winners. 

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Moot Court

Department of Basic Education

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