Shaping justice and revolutionising legal education for a transformative South Africa

Truly impactful legal education must be based on practical skills-based learning

Legal education has traditionally been seen as the cornerstone of shaping society’s future leaders, policymakers and advocates of justice. As we stand on the brink of a new era in South Africa, the call for a transformative approach to legal education has never been louder. South Africa’s socioeconomic environment is complex and deeply rooted in a history of inequality. The legal profession, unfortunately, has not escaped this reality and is often perceived as inaccessible to those from underprivileged backgrounds. This perception presents a significant challenge in a nation where access to justice is crucial for the protection and advancement of human rights.

At Nelson Mandela University, we believe that the key to truly impactful legal education lies not only in rigorous academic instruction but also in equipping students with practical skills that prepare them for the challenges of the real world. In recent years, there has been a growing recognition of the need to bridge the gap between academic learning and practical application in legal education. Traditional legal curricula, with their focus on theoretical knowledge, have been criticised for failing to adequately prepare students for the realities of legal practice. Graduates often find themselves well-versed in legal theory but lacking the practical skills needed to navigate the complexities of the legal system and effectively advocate for their clients.

This is where practical, skills-based learning becomes essential. By integrating experiential learning opportunities into the legal curriculum, we can ensure that our students are not only knowledgeable but also capable of applying their knowledge in real-world contexts. This approach not only enhances the employability of our graduates but also equips them to serve the diverse needs of South African society.

A foundation of our educational philosophy at Nelson Mandela University is the belief that the law should be accessible to all, regardless of socioeconomic status. We recognise that for the law to be a tool for justice, it must be understood and utilised by those it is meant to serve. This requires a legal education system that is inclusive, socially conscious, and dedicated to empowering underprivileged communities.

Our dedication to making law accessible is reflected in our focus on community engagement and public interest law. We believe that by exposing our students to the challenges faced by marginalised communities, we can instill in them a sense of responsibility to use their legal skills for the greater good. This is not just about pro bono work or legal aid, though these are important components. It’s about cultivating a mindset in our students that sees the law as a means to uplift and protect those who are most vulnerable.

The emphasis on practical education should extend far beyond the classroom, with experiential learning opportunities being a central component of our legal education. One of our flagship initiatives is the Law Clinic in Missionvale. Here, all final-year LLB students are required to complete a period of service at the clinic, providing legal advice to indigent members of the community under the supervision of qualified attorneys. This hands-on experience is invaluable in helping our students develop the skills and confidence needed to navigate the complexities of the legal profession.

Another cornerstone of our outreach efforts is the Mobile Law Clinic, which plays a critical role in our mission to make legal assistance accessible to all. By bringing our services directly to disadvantaged areas, the Mobile Law Clinic ensures that even the most marginalised communities receive the legal support they need. This initiative not only provides essential services to those in need but also gives our students the opportunity to apply their legal knowledge in real-world situations, fostering a deep understanding of the challenges faced by these communities.

Although our Street Law Project, which was established in the early 1990s to promote legal literacy by educating people about their human rights and democracy, has not been a part of our curriculum since the Covid-19 pandemic, we plan to reintroduce it next year. This project has historically been integral to our mission of making the law accessible to all, and its return will further enhance our students’ exposure to public interest law.

It is essential to acknowledge the profound impact of technological advancements on the legal profession, and experiential learning should also include educating students on how to navigate and leverage these innovations. Our commitment to staying at the forefront of legal education is reflected in our Moot Courtroom, which features state-of-the-art technology that facilitates hybrid learning and remote participation, providing students with a contemporary, adaptable learning environment.

As we look to the future, the importance of practical skills-based learning in legal education cannot be overstated. By integrating experiential learning opportunities into our curriculum, we are not only preparing our students for the demands of the legal profession but also empowering them to be agents of change in society. It is also imperative to lay the foundation of a legal education that is inclusive, socially conscious, and responsive to the needs of South Africa.

As legal educators, it is our responsibility to ensure that our students and graduates are not only proficient in legal theory but also prepared to make a real difference in the world. This is the future of legal education in South Africa — one that is driven by a dedication to justice, equality and the betterment of society as a whole.

Dr Lynn Biggs is Executive Dean, Faculty of Law, Nelson Mandela University; Lindi Coetzee is Deputy Dean & Senior Lecturer