Representatives of the next generation of legal advocates took centre stage recently when the University of KwaZulu-Natal’s (UKZN) School of Law hosted the 54th Ellie Newman Memorial Moot Court Competition at the Howard College Theatre.

The flagship moot, named after the late Professor Ellie Newman QC who established the competition in 1972, has for more than five decades provided Law students with an opportunity to develop their knowledge of litigation and courtroom procedure while putting legal theory into practice.

This year’s competition, held under the theme: ‘Constitutional Law and Litigation’, featured four finalists who engaged in a challenging legal argument before a distinguished panel of judges comprising Honourable Judge Dhaya Pillay, Advocate William Nicholson SC and Advocate Sarah Pudifin-Jones.

The moot centred on a fictional dispute between the Rainbird Body Corporate and Ms Devina Khan, a sectional title owner who had become permanently reliant on a wheelchair following a motor vehicle accident. Khan’s apartment building had a wheelchair-accessible rear entrance, but its main entrance could only be accessed on stairs.

Khan argued that being required to use the rear entrance, which was originally intended primarily for delivery and service access and was situated near the delivery bays and refuse-storage area, was degrading and exclusionary. She therefore requested that the body corporate install a wheelchair-accessible ramp at the main entrance.

The body corporate declined the request, citing concerns about the building’s appearance, the potential impact on property values, the existence of wheelchair access through the rear entrance and the financial implications of constructing the ramp. The matter ultimately reached the courts after the Community Schemes Ombud Service dismissed Khan’s complaint.

The High Court upheld Khan’s appeal, finding that the mere existence of wheelchair access did not necessarily mean that the access was reasonable or equivalent to that enjoyed by other residents. The body corporate appealed the judgment, bringing the matter before the Moot Court.

The finalists were Ms Leah Lambert and Mr Siyabonga Mazibuko, appearing for the Appellant, and Ms Sinenhlanhla Goba and Ms Alwande Mlambo, appearing for the Respondents.

Welcoming guests, students and finalists, the Dean and Head of the School of Law, Professor Freddy Mnyongani, described mooting as an important component of legal education because it takes students beyond the classroom and allows them to experience law “as it is argued, tested and applied”.

Mnyongani highlighted the School’s long-standing tradition. This year’s theme focused on Constitutional Law and Litigation, an area of research specialisation that was conceptualised and introduced by Professor Karthy Govender and Professor George Devenish more than three decades ago. Devenish was among those in attendance.

The competition also demonstrated the breadth of the School’s mooting programme. UKZN students recently emerged as winners of the Kader Asmal Moot Court Competition at the University of the Western Cape and participated in the Kate O’Regan Moot at the University of Cape Town and the Child Law Moot Competition at the University of Pretoria.

Reflecting on the evening, Pillay congratulated the School and students on their preparation and the quality of the arguments presented. She described the case as a thought-provoking exploration of disability rights and commended the students for bringing disability law to the fore in an accessible manner.

She emphasised the importance of building an inclusive and progressive society in which people with disabilities are mainstreamed, while commending the students for their familiarity with the law and their ability to engage with constitutional and financial considerations.

Pudifin-Jones, herself a finalist in the 2007 Ellie Newman Moot, praised the finalists for presenting clear and well-structured arguments and for remaining composed when responding to questions. She was confident “of soon seeing them at the Bar”.

Following a highly contested final, Lambert and Mazibuko emerged winners, with Mazibuko receiving the overall winner’s award.

The semi-finalists were presented with certificates in recognition of their participation.

Words: Hazel Langa

Photographs: Nkosi Gcabashe