Former Constitutional Court Justice Mbuyiseli Madlanga has expressed confidence in South Africa’s legal fraternity, saying the country continues to produce excellent legal practitioners.
Madlanga, who is currently chairing the high-profile Madlanga Commission of Inquiry into allegations of corruption, political interference and criminality within the country’s law enforcement and criminal justice institutions, was speaking on Friday at the University of Fort Hare after the institution launched an international moot court competition in his honour.
The commission has recently attracted national attention over its scrutiny of the Investigating Directorate Against Corruption (IDAC), with Madlanga questioning aspects of its conduct and indicating the directorate, in its current form, should be reconsidered following evidence heard by the inquiry.
“In anything, there is always room for improvement. But that said, we have excellent legal practitioners in the country and I am largely happy with what they do. But, as I say, with anything, there is always room for improvement,” Madlanga said.
The Justice Mbuyiseli Madlanga International Moot Court Competition was officially launched at the university in a ceremony attended by judges, legal academics, practitioners, representatives from South African universities and an international guest from Brazil.
The competition aims to equip law students with practical courtroom experience before they enter the legal profession by exposing them to simulated court proceedings in which they argue fictional legal disputes before panels of judges.
Acting deputy vice-chancellor for research, partnerships and innovation, Professor Mzukisi Njotini, said the programme would benefit not only Fort Hare students but aspiring legal practitioners from across South Africa and beyond.
“Students at large, not only at the faculty of law but students at the University of Fort Hare, nationally and internationally, are going to be benefiting from this competition. We had speakers from all over South Africa and internationally.
“This launch today is intended to accelerate our view that students must not only possess the theory of the law, they must also have the needed experience to be able to take advantage of the opportunities when they exit our academic programmes,” he said.
Njotini said the competition would begin with an internal contest among UFH law students before expanding into a national and international event.
“The importance of this competition is that it is broken down into different aspects. It is an internal moot court competition...
“The second aspect is the national competition, where universities in South Africa will compete with students from the University of Fort Hare, building partnerships with the magistrates’ courts and the high courts to give students that experience of being in court,” he said.
Faculty of law representative Dr A. Odendaal said mooting develops practical skills essential for legal practice.
“The moot court competition is a simulated court proceeding where students argue fictional legal disputes before a panel of judges. While the disputes may be fictional, the skills that students acquire are authentic and indispensable to legal practice.
“Mooting teaches far more than public speaking; it teaches discipline, preparation, teamwork and resilience. It teaches students to think critically under pressure, to respond respectfully to difficult judicial questioning and to present complex legal arguments with clarity and conviction,” she said.
Mooting teaches far more than public speaking; it teaches discipline, preparation, teamwork and resilience. It teaches students to think critically under pressure
— Faculty of law representative Dr Odendaal
Odendaal said the inaugural competition would tackle contemporary constitutional issues, including mental health, contractual capacity, the protection of vulnerable persons, migration, regional integration and constitutional rights within the Southern African region.
Madlanga said he was humbled that the competition would bear his name but stressed that the real beneficiaries would be future generations of legal practitioners.
“I’m truly honoured. What the Fort Hare law faculty and the university itself has done is humbling, touching and heartwarming. I lack words to voice my heartfelt gratitude.
“The competition may be named after me, but today’s true heroes are the students, the competitors. It warms my heart to hear about the untold successes of Fort Hare’s mooters, not only locally but also internationally.
“Mooting is not an end in itself. Mooting is a training ground for future legal practitioners. This is where you begin honing skills that you will apply forensically in future,” he said.
The launch was attended by representatives from the University of Johannesburg, the University of KwaZulu-Natal, judges from the Supreme Court of Appeal, officials from the Department of Justice and legal scholars from Brazil.
Daily Dispatch
