Final rounds of the 2023 PIL Moot Court Competition
- Lee-Anne Bruce
On 25 and 26 April, CALS hosted the final rounds of the third Public Interest Law Moot Court Competition in partnership with the Student Litigation Society
CALS has been extremely proud to work with the Student Litigation Society on the third annual Public Interest Law Moot Court Competition, which saw over 600 students enter. This year also involved a unique partnership with the Water Research Commission, inviting law students and science students to participate in making submissions on a hypothetical case and producing an expert report respectively.
After rounds of written submissions on the hypothetical case involving a mining-affected community struggling to access water, the top sixteen teams participated in rounds of virtual oral argument on 29 and 30 March. We send our grateful thanks to all those who assisted in these rounds.
The top four teams advanced to the semi-finals which took place on 28 April in the court chamber of the Constitutional Court, presided over by our guest judges: advocate Nelsie Ruhinda and attorneys Reitumetse Phiri, Koketso Qwele and David Mtshali. Prof Tracy-Lynn Field delivered the keynote address discussing water rights and the importance of public interest litigation in realising those rights. The teams were set to argue an application to adduce further expert evidence in a hypothetical case where a mining company has been granted a mining right at the expense of the water rights of surrounding communities in the Sekhukhune area of Limpopo.
The semi-final split saw Nikki Thayhana and Molly Modisenyana (representing UNISA) arguing for the applicant up against Thabisile Mahatlane and Thabang Phosodi (from Rhodes University) for the respondent. Next up, two teams from the University of Johannesburg squared off: Fanele Nokweluswa and Livhuwani Khwidzhili for the applicant, and Karabo Moaludi and Unathi Xokiso for the respondent. Both teams are supported by PIL Moot 2021 winners, Winnie George and Samantha Smit. Following a break, the teams switched to argue for the opposite side.
After all the scores were tallied, the top two teams were announced: Karabo Moaludi and Unathi Xokiso (University of Johannesburg) and Thabisile Mahatlane and Thabang Phoshodi (Rhodes University).
For the grand finale the following day, we were pleased to welcome an all-women panel of guest judges: advocate Samantha Martin and attorneys Nomzamo Zondo, Thandeka Kathi and Tania Mokwana. John Dini from the Water Research Commission delivered the keynote address on the importance of championing water law and the essential role of water in ensuring food security, sanitation and health care. The final round saw Thabisile Mahatlane and Thabang Phoshodi from Rhodes University arguing the full application for the applicant and Karabo Moaludi and Unathi Xokiso from the University of Johannesburg representing the respondent.
After the fierce competition was over, it was time to announce the winners of the second annual PIL Moot Court Competition. Awards were handed out as follows:
- In first place was Thabisile Mahatlane and Thabang Phoshodi from Rhodes University
- In second place overall was Karabo Moaludi and Unathi Xokiso from the University of Johannesburg
- In third place overall was Nikki Thayhana and Molly Modisenyana from UNISA
- Best oralist went to Thabang Phoshodi from Rhodes University
- Second best oralist went to Karabo Moaludi from the University of Johannesburg
- Best written submissions went to Karabo Moaludi and Unathi Xokiso from the University of Johannesburg
- From the science students, the prize for best expert report went to Nosibabalo Mase from the University of Fort Hare
We are extremely proud of everyone who participated in this PIL Moot and send our deepest gratitude to everyone who made it possible, from organisers like Busisiwe Kamolane at CALS and the team from the Student Litigation Society; to our hosts at Constitution Hill; and the many markers, clerks and judges from our partner organisations. We could not have done this without you. Finally, we would have had no competition at all without the participation of the many students who put themselves forward from the very first round. Thank you and please do come back again next year!