Speeches

Address by the Hon AC Nel, MP, Deputy Minister of Justice and Constitutional Development at the final round of the National Schools Moot Court Competition, held at the Constitutional Court, Sunday 12 October 2025

Esteemed Justices of the Constitutional Court and Judges of the High Court, the Chairperson and Commissioners of the South African Human Rights Commission, colleagues from the University of Pretoria, from the Department of Basic Education and the Department of Justice and Constitutional Development, parents and educators,
I want to greet you all as champions of this remarkable initiative.

Most importantly, a special word of welcome to the brilliant young minds gathered here today. You are not only the National Schools Moot Court Competition finalists of 2025 – you are also the constitutional custodians of tomorrow.
It is a profound honour to stand before you at the culmination of this year’s co mpetition. This competition is one which is very close to my heart.

As you would note, I am here in my robes.
Many of you may wonder why judges and lawyers wear these long, flowing robes in court? It’s definitely not for dramatic effect - although many a TV courtroom drama would depict it that way.

The tradition dates back to medieval Europe, when scholars, members of the clergy and senior government officials wore robes as signs of status and wisdom.

By the 14th century, English judges adopted this style to reflect their role as impartial decision-makers. Over time, court robes became a symbol of authority, dignity and fairness in the courts.
Today, robes help remind everyone that the law and the courts are above personal bias or individual identities.
When judges, magistrates or lawyers put on their robes, they cease to be mere individuals in their own right. They become stewards and guardians of justice, embodying the impartiality, fairness, dignity and equality that the law demands.
The robe is not just fabric - it’s a symbol of the solemn duty to uphold the rule of law without fear or favour.

Some of you may also wonder why some robes are black, others are red and then the Constitutional Court judges’ robes are green.
After the end of apartheid, the establishment of the Constitutional Court marked a deeply profound turning point in the country’s history.
The new Constitutional Court became a living symbol of our constitutional democracy, of a new justice system, and of South Africa’s commitment to transformation, dignity, and equality.

Justice Albie Sachs and Justice Yvonne Mokgoro played key roles in designing the new robes for the Constitutional Court. They decided to not wear traditional robes, but instead opted for green, to symbolize a break from our colonial past and colonial traditions and to reflect the spirit of equality and transformation in post-apartheid South Africa.
Green represents the fertile earth of South Africa and symbolises growth and renewal. It shows a commitment to African identity and inclusivity and reflects the values and symbolism of a new democratic era.

The red and black trim signifies the dual nature of the Court’s work: red for criminal cases and black for civil law. The robes were also designed to be unisex - ensuring no distinction between male and female judges - to symbolise gender equality both on the bench and in our country.
So whenever you see a judge in robes, you're not just looking at tradition - you're seeing a story stitched with history and symbolism.

The history of the National Schools Moot Court Competition
This competition, inaugurated in 2011, was born from the idea that young people should not only learn about the Constitution - they should live it, challenge it and defend it.
The reason this competition is so close to my heart is because, together with the late former Deputy Minister of Basic Education, Enver Surty, and the late Prof Christof Heyns of the University of Pretoria, I was fortunate enough to be part of the creation of the competition when I was the Deputy Minister of Justice and Constitutional Development in 2011.

Professor Heyns was a visionary legal scholar with a passion for human rights education in South Africa. He believed deeply in the power of constitutional literacy and civic engagement among young people.
He envisioned a national programme that would not only prepare learners to become lawyers, academics and judicial officers, but also to instil in them a lifelong commitment to the values of our Constitution.
He would have been so incredibly proud if he were here today.

Through this competition, generations of learners have been empowered to grapple with real constitutional challenges, to sharpen their analytical and advocacy skills and become active custodians of our democracy.
Fourteen years later, it has evolved into a national movement. Thousands of learners have entered this competition, many of whom now serve as lawyers, judges, magistrates, activists and public servants.

I am advised that this year a total of 180 teams entered the competition by submitting essays. Of these, 90 teams took part in the provincial rounds and 36 teams advanced to the national rounds.
Setting the scene of the 2025 problem statement and the right to education
Over the past months, the learners have wrestled with intricate legal dilemmas, from the essay-writing phase, through the provincial rounds, to their final arguments before the highest judicial officers in our land.

To our learners: you have not merely studied the Constitution, you have interrogated it and wielded it with conviction. You have seen and experienced how the Constitution is not something abstract and theoretical, but has a very real and very direct impact on the daily lives of people.

This year’s moot court problem statement was especially poignant. You were asked to inhabit the story of Thando Khumalo, a gifted 12-year-old from Eindhoven, whose aspirations to attend a top-performing high school were thwarted - not by merit, but by language.

Despite residing within the feeder zones of Zebra High and Veld High, Thando was denied admission because she was not fluent in Afrikaans. Her story is not merely a legal hypothetical scenario, it is a mirror of society, reflecting the enduring barriers and battles that many learners face.

You have debated whether the schools’ admission policies violated the right to equality under section 9 of the Constitution.
You have examined the legality of the Head of Department’s directive and whether it respected the rights of existing learners.

You explored the tension between institutional autonomy and the state’s constitutional obligation to ensure equitable access to education.

I am told that in the rounds which took place on Thursday and Friday, all the teams argued their cases with intellectual rigour and moral clarity.

The submissions revealed a nuanced grasp of constitutional jurisprudence, statutory interpretation and the delicate architecture of rights.

You invoked precedent, interpreted legislation, and applied the foundational values of our Bill of Rights - equality, dignity, freedom of association, and the best interests of the child. You reminded us that rights do not exist in isolation.
This year’s moot also intersected with the Basic Education Laws Amendment Act. The BELA Act is not merely legislative reform, it is an act of transformative constitutionalism. It promotes multilingualism and strengthens accountability.
As you know, the Act itself has sparked debate – and in a constitutional democracy such as ours, robust debate on new or draft legislation is always a good thing. Robust debate, public participation and active citizenry are all features of a healthy democracy.

The right to education is a fundamental human right.

South Africa has made measurable strides in expanding access to education and improving learning outcomes.
The Department of Basic Education’s Review of Progress to 2024 shows that over the past three decades, from early childhood development to Grade 12 attainment, more learners are participating, progressing and succeeding.
We’ve expanded opportunities, improved literacy, and opened doors that were once closed to many.

Of course, challenges remain. Dropout rates, teacher shortages, and unequal resources still demand our attention. We must continue investing in teacher development, curriculum reform, and technology to ensure our system is not only functional, but future-ready.

Education is not just a policy - it is a promise. A promise to every learner that their potential matters. A promise to every teacher that their work is life-changing. And a promise to ourselves that we will never stop striving for a better tomorrow.
The importance of constitutional rights awareness

We can only build a better tomorrow and better future if we hold fast to the vision and the ideals of our Constitution.
This is why moot court competitions are so vital when it comes to raising human rights awareness, legal literacy and constitutional education.

Moot court competitions are constitutional laboratories. They cultivate foundational understanding of legal principles, sharpen critical thinking, and foster civic engagement.

We have four teams participating in today’s final round – they are Tseolopele Mofokeng and Rhigolene de Vries of Brebner High School in the Free State, Leano Seitiso and Boitemogelo Phakedi of Kgomotso High School in the Northern Cape, Asisipho Sebeni and Sandisiwe Nompetsheni of Ndamase Secondary School in the Eastern Cape, and Johana Mashego and Thabiso Mkhabela of Kopanang Secondary School in Mpumalanga.

I want to congratulate each and every one of you on this amazing achievement and to wish you the best of luck for the final round.
It doesn’t matter for which side you are arguing, what does matter is that you engaging in one of the most vital elements of our constitutional democracy – the rule of law.
To the educators and mentors: thank you. You are the architects of possibility. You have nurtured not just intellect, but conscience.
And in doing so, you have helped build a generation that will defend the Constitution not only in courtrooms, but in classrooms and in communities.

To the parents and families: your support has been the quiet force behind every confident voice we have heard this week.
Thank you for believing in your children and for the sacrifices you make as parents to be able to give the learners the opportunities and the support they need as they pursue their dreams. They have made you proud.
To Chief Justice Maya, to Acting Judge President Ledwaba, to the two Justices of the Constitutional Court, Justice Kollapen and Acting Justice Musi, and to the nine Judges of the High Court, Judge Adam, Judge Dlamini, Judge Hassim, Judge Mdalana-Mayisela, Judge Millar, Judge Potterill, Judge Teffo, Judge Wilson and Judge Yacoob - thank you for your unwavering support of this initiative and for being here today.

Your presence, in robes and in spirit, is a beacon of constitutional fidelity. You have not only adjudicated cases - you have ignited aspirations.

A special word of thanks to the Chief Justice for granting us permission to use the Constitutional Court for today’s grand finale.

To the organisers, the sponsors and the officials: your dedication to this competition is a testament to your belief in justice and in the promise of youth.

Conclusion
As we close the chapter to the 2025 National Schools Moot Court Competition, let us remember Thando - not merely as a hypothetical character in a moot court problem statement, but as a symbol of every child who dreams beyond the limits imposed by circumstance.

Let us remember that the Constitution is not argued and defended only in courts - it is lived in every decision we make, in every policy we write, and every child we choose to include.

There are many children like Thando in our country and we owe it to them to make sure that we uphold and promote the constitutional right to education and that we put the best interests of the child first in every matter which affects them.

To every learner who participated: your participated in this competition means you are already a winner.

You are growing up in a time of rapid transformation in a world that faces many challenges and uncertainties. That may bring with it pressures and anxiety, but it also comes with the opportunities of innovation, activism and reinvention.

It brings with it the ability to shape a better world.

Whether it’s human rights, climate action, tech development or social justice, your voice matters. Keep asking questions, keep chasing answers, keep showing up, keep standing tall, keep believing.

South Africa and the world need your voice.

I thank you.