The DBE, in partnership with the Department of Justice and Constitutional Development (DOJ&CD) and the South African Human Rights Commission (SAHRC), will be hosting the 12^th National Schools Moot Court Programme (NSMCP) for high schools from 5 – 8 October 2023.

Since its inception in 2011, the NSMCP has managed to explore various sections of the Bill of Rights such as Equality, Freedom of Expression and Human Dignity. It offers a dialogic and experiential platform for young people to experiment with the actual application of the country’s supreme law. Most importantly, the NSMCP is not only about the law but, the founding values that underpin the country’s Constitutional Law for values and the principles of the Constitution to be instilled and practised for active citizenry.

Of critical importance is the fact that the NSMCP has not only raised awareness on the Bill of Rights and Constitutional values amongst learners and educators, but has enabled them to understand our judicial system’s hierarchy; the appropriate application of the various legislation, case laws and the applicable court proceedings, both national and international. The Programme has the potential of instilling discipline, moral values, self-worth, independence and constructive thinking and factual engagements. Over the years, it has managed to prepare learners to take their rightful place as active and responsible citizens. What is most exciting is that the majority of the volunteer judges from across the various universities and private law firms who currently assist during the national Elimination rounds, have previously participated in the NSMCP.

The 2023 hypothetical problem statement is about Flames Mine, the main employer for the community of Einfontein in the Mpumalanga Province, which offers bursaries and internships to children of the mine employees to enable them to study for degrees, diplomas, and tradecraft relevant to the mining sector. However, it was established that Einfontein water and soil revealed high contamination levels of lithium related waste from the mine. The Dyebo School Governing Body (SGB) and some concerned residents of Einfontein instituted proceedings against the mine before the Mpumalanga High Court. The SGB claimed that the mine activities are violating the right of learners and the community to a healthy environment, education and do not uphold the best interests of the child. The High Court ruled in favour of the mine. The Dyebo SGB appealed the matter before the Supreme Court of Appeal, which upheld the decision of the High Court but granted the SGB leave to appeal stating that the matter is constitutional in nature and must be heard by the Constitutional Court. The opposing teams will argue the fictional case as part of the NSMCP.

The NSMCP is comprised of four stages which include essay workshops, essay writing, provincial and national finals. As part of preparing learners adequately for the 12^th NSMCP, workshops were conducted in collaboration with universities, South African Legal Aid, the DOJ&CD and the SAHRC across provinces. All secondary school learners from Grade 10 – 11 were invited to enter as a team of two learners, and to prepare an essay on a fictional Constitutional Court case, as both applicants and respondents to the case. Following the closing date for the NSMCP essay writing, the provincial structures convened for a central marking process whereby the top essays are selected for their province.

During the national finals, each province will be represented by a delegation of 8 learners (4 teams). All 36 teams will participate in the quarter finals and semi-finals presenting oral arguments to parallel panels of adjudicators at the University of Pretoria. The NSMCP will culminate in the best two teams being selected to battle it out in the finals at the Constitutional Court in Johannesburg, where Constitutional Court judges will be on the bench to hear oral arguments being presented by learners.