The mission of the South African Law Reform Commission (SALRC) is the continuous reform of all branches of law of South Africa in accordance with the principles and values of the Constitution to meet the needs of a changing society operating under the rule of law.

 As part of their venture to fulfil this mandate and with Juta as a sponsor, the SALRC invites all law students studying towards an LLB or LLM at a South African University to submit their innovative ideas championing law reform issues into the annual South African Law Reform Commission Legal Essay Writing Competition, the 2022 results of which were announced last month at the annual event. 

Historically in South Africa the youth have been essential in stimulating legal reform, and by embodying the inspirational spirit of the late Chief Justice Pius Langa - who this competition was dedicated to in 2018 - this venture aims to engage young legal minds in generating innovative ideas through essay submissions. 

Pius Langa was a founding member of the National Association of Democratic Lawyers and a member of the African National Congress Constitutional Committee, where he worked on its draft bill of rights, which later formed part of Chapter Two of the Constitution of South Africa.

The competition aims to honour a range of South African legal achievers, who have dedicated their lives to the advancement of our constitutional democracy, by further encouraging young legal minds to join the ranks of future legal achievers destined to shape our evolving jurisprudence. Entering this prestigious law student essay writing competition hopefully not only spurs critical thinking in legal writing but offers acclaim and industry recognition as well as prizes for the respective winners and runners-up.

The event was held in Centurion at the Anew Hotel on 24 February, and was opened by the Chairperson of the SALRC, Justice Jody Kollapen, as well as Juta’s Chief Publishing Officer, Edmund Beerwinkel and Mr John Jeffery, Deputy Minister for Justice and Constitutional Development

The keynote address was delivered by esteemed Judge Bernard Ngoepe SC, Retired Judge President of the Gauteng Division of the High Court and also a passionate educator, having been the Chancellor of the University of South Africa from 2011 to 2016. Judge Ngoepe spoke about the value that this competition offers, as there is no doubt that there is an ongoing need to continuously reform or develop the law, which is why the role of the Law Commission is important; and which is why this competition is necessary. Interpreting the Constitution is of course part of developing the country’s general jurisprudence, including the common law.

Judge Ngoepe insisted that there were few points to be borne in mind as and when we go about the business of reforming or developing the law: 

• Firstly, we must be careful not to overturn existing principles or rules of common law every month-end. 

• Secondly, we need to be pragmatic; that is, take into account certain realities, such as the State’s limited resources. 

• Thirdly, respect each other’s turf, between the Executive, Parliament and the Judiciary. 

• Fourthly, the law is to serve the interests of Society; to ensure law and order, and also to meet the priorities set out in the Preamble to the Constitution. 

• Fifth: as we change the law, we must at least strive to achieve some harmony between it and other rules that govern society, such as societal moral norms and religious rules. These norms are powerful in moulding us; they work in complementarity with the ordinary law. 

• Lastly, while the law needs to be adapted to changing circumstances, we must be wary to legalise or decriminalise a particular conduct simply for the reason that, as they put it, it is difficult to stop that conduct. 

“In conclusion: Yes, the law must indeed continuously be reformed to adapt to new developments or changing circumstances, and we have done fairly well. But note that while the law needs to be reformed or changed, that should not result in the people or the country being in a worse position than before; nor should we leave the people behind.”

From there the winners were announced by Ms Maite Modiba, SALRC Project Coordinator, & Mr Wayne Staples, Juta’s Marketing Manager:

WINNERS AND RUNNERS-UP 
LLB CATEGORY 

Winner -  Hugh Harnett (Rhodes University)
Should Career Assets Be Catered for Upon Divorce? The Case for the Inclusion of Career Assets as Property in a Spouse’s Marital Estate 

Runner up -  Wesley Justin January (University of the Western Cape)
A Call for Reform on the South African Critical Skills Work Visa 

LLM CATEGORY 

Winner - Adriaan Jemillo (UNISA)
The Guardian’s Fund As The Appropriate Receptacle of Lump-Sum Future Maintenance for Children 

Runner up -  Tsogo Jozi Rampolokeng (University of Cape Town)

Developing a Single Marriage Statute With Pockets of Diversity Within the South African Legal System 

This wonderful event closed with remarks from Mrs Phumzile Gumbi, the daughter of the late Chief Justice Langa, and thanks from Irvin Lawrence, the Deputy Chairperson of the SA Law Reform Commission.