South African Justice and Constitutional Development Minister Mmamoloko Kubayi has emphasized the state's crucial role in protecting children online. Speaking at the National Schools Moot Court Programme held at the Constitutional Court in Johannesburg on October 4, 2026, Kubayi highlighted the state's constitutional duty to respect, protect, promote, and fulfill rights. She stressed that online safety is not something that can be left to children to manage alone.
The National Schools Moot Court Programme, now in its 15th year, saw four school teams debate digital rights, focusing on whether school policies can restrict learners of a particular age from accessing social media during school hours. The participating schools included Ndabankulu Senior Secondary and Umtata High from the Eastern Cape, Tygerberg High from the Western Cape, and Klaas Mothapo Secondary from Limpopo. These teams argued before judges from the Constitutional Court, Supreme Court of Appeal, and High Court.
The debate centered on a fictional case, with the competition aimed at developing constitutional awareness, research, writing, and oral advocacy skills among learners. Basic Education Minister Siviwe Gwarube noted that the debate raised important policy questions. The exercise required learners to balance freedom of expression and access to digital resources against protection from online harm, as well as examine the relationship between school authority and fundamental rights.
The National Schools Moot Court Programme is a collaboration between the justice and basic education departments and the South African Human Rights Commission. The program seeks to widen participation across schools with varying resources and locations. The first national competition took place at the Constitutional Court on Human Rights Day in 2011, marking the beginning of this initiative.
Minister Kubayi expressed her appreciation for the program's partners, who remain committed to its objectives. By engaging learners in such debates, the program encourages them to consider legal careers while developing essential skills. The competition's structure allows learners to engage with critical issues, such as digital rights and online safety, in a constructive and informed manner.
The debate at the Constitutional Court is part of a broader effort to address the challenges of the digital age. As schools and learners navigate the complexities of online access and safety, the state's role in protecting children online becomes increasingly important. Kubayi's remarks underscore the need for a balanced approach that considers both the rights of learners and their protection from online harm.
The program concluded with a showcase of the participating schools' arguments, highlighting the high level of engagement and understanding among the learners. As the nation continues to grapple with issues of digital rights and online safety, initiatives like the National Schools Moot Court Programme play a vital role in shaping the next generation's perspectives on these critical issues.
Key points
- Minister Mmamoloko Kubayi emphasizes the state's responsibility to protect children online.
- The National Schools Moot Court Programme aims to develop constitutional awareness and skills among learners.
- The debate centered on balancing freedom of expression with protection from online harm.
