Programme Director
Esteemed Members of the Judiciary
The Dean of the Faculty of Law, Prof Andre Boraine
All the participants in the Moot Court Competition, their families and educators
Commissioners from the South African Human Rights Commission
Representatives from the University of Venda, the Foundation for Human Rights, Constitution Hill, Legal Aid SA and the Constitutional Literacy and Service Initiative
Representatives from the two legal firms Cliffe Dekker Hofmeyr and Webber Wentzel
Ladies and gentlemen
It doesn’t matter how many times one has been inside the Constitutional Court, it continues to instill a sense of awe every time on enters.
Every time one steps inside the Constitutional Court or anywhere on Constitution Hill, we are reminded of our journey as a nation and of our transition to democracy.
One often wonders, if these walls and these buildings could talk, what stories they would tell.
As you know, Constitution Hill was built on the site of a century-old prison complex where the leaders of every major South African liberation group - Nelson Mandela and Mahatma Gandhi among them - were once detained. There were 3 prisons - Number Four, the Women's Jail and the Old Fort.
The Old Fort is one of Johannesburg's oldest buildings and Nelson Mandela was the only black prisoner to be held in this "whites only" prison.
The section of the Old Fort which was reserved for black men was called Number Four. Number Four was once home to prisoners such as Mahatma Ghandi, Robert Sobukwe and the students of the 1976 Soweto uprising.
The Women's Gaol held political activists such as Winnie Madikizela-Mandela, Albertina Sisulu, Fatima Meer and many others.
The Constitutional Court was built alongside Number Four, having taken the space left by the demolished Awaiting-Trial Block.
The Awaiting-Trial Block - denying so many of our people their fundamental human rights - made way for the Constitutional Court, the ultimate guardian of our constitutional rights and freedoms.
I am looking forward to hearing the participants argue the case for Cara Williams or the case for the school.
The hypothetical case study involves the issues of discrimination on the basis of sexual orientation.
As the participants know, sexual orientation is one of the listed grounds in the equality clause.
A recent study on homosexuality in schools was done by Professor Deevia Bhana. The study found that “Not one learner was aware of a school policy or guideline that could assist and support a learner coming out or that speaks to tolerance and acceptance of sexual diversity.”
This is why it is so importance that we get to know our Constitution.
We must enhance access to the Constitution and undertake human rights awareness and constitutional education.
The Schools Moot Court Competition is one of the ways we are achieving this as the competition is an exciting way of raising constitutional awareness.
If people are not aware of their constitutional rights or are not allowed to exercise these rights in their daily lives, then our Constitutional rights are only promises on paper.
In partnership with the Department of Basic Education, the South African Human Rights Commission and the Foundation for Human Rights, our department has launched a booklet called the Constitution Made Easy for Learners that was distributed to over 500 000 Grade 12 learners throughout the country. Plans are now underway to ensure that Grade 10 and 11 learners also receive the booklet.
If we don’t educate learners and communities on human rights, if people are not aware of their rights, then all these constitutional ideals – the very values that those who were held in these jails fought for - are in vain.
We are pleased to see that the Moot Court Competition is going from strength to strength.
This is the 6th competition and we had over a 150 teams enter this year from over all nine provinces.
On Thursday and Friday 32 teams competed in the final round and the participants have had the privilege of meeting and interacting with Justice Matojane and Justice Cameron.
From the side of our department, the Department of Justice and Constitutional Development, I want to thank our partners – the Department of Basic Education, the University of Pretoria, the University of Venda, the South African Human Rights Commission, Legal Aid SA, the Constitutional Literacy and Service Initiative (CLASI), Cliffe Dekker Hofmeyr (who are the sponsors of the Final prizes today), the Foundation for Human Rights, Constitutional Hill and Webber Wentzel. Without your valued support and contributions this competition would not be possible.
To the participants, moot court competitions have many benefits – it gives you a chance to develop your public speaking, to learn to structure a legal argument and analyse cases and develop your writing skills.
Congratulations for what you have already achieved in this completion. You can feel very proud of what you have achieved.
I know that some of you will one day argue real cases in our courts and may even serve on the bench of this Court. I wish you all the best.
Thank you.
