The Faculty of Law (UP Law) at the University of Pretoria (UP) proudly announces that two alumni were announced winners of the LLM and LLB Categories of the 2020 South African Law Reform Commission (SALRC) Legal Essay Writing Competition. 

They are Tshephisho Somo, a 2016 UP LLB graduate and currently a UP LLM student, and Nicholas Herd, a 2020 UP Law LLB graduate.

The South African Law Reform Commission (SALRC) is engaging young legal minds in generating innovative ideas on issues of law reform. As from 2020, the Competition is dedicated to the memory of the late Chief Justice Pius Nkonzo Langa who served South Africa with dignity and distinction.

Tshephisho Somo’s article titled ‘Informal trade: Underlying tensions between national and municipal legislatory frameworks, and Constitutional values’ provides a synopsis of the infringement of the fundamental constitutional rights of informal traders perpetrated by government officials. The article illustrates the lack of protection provided by national legislation and municipal by-laws, the similarities between the powers granted to government officials in the informal sector since the democratic dispensation and during the apartheid era; and the role of the judiciary when providing remedies to aggrieved parties.

The article forms part of a larger research project into intra-regional trade on the Africa continent.

In her response as winner of the LLM Category, Somo stated ‘It is unfortunate that a sector consisting of some of the most vulnerable groups of society is haggard by insufficient policy considerations, lack of accountability and inadequate protection for those operating in the sector. More often than not, the courts must step in to enforce basic principles of legality against government officials. 

I am hopeful that this paper will contribute towards the already existing research in this field and will, hopefully, in the very near future result in a reform of the current legislatory framework.

I also want to congratulate Nicholas Herd for being awarded first prize in the LLB Category. I had the opportunity to draft numerous legal documents alongside Nicholas while serving as a judge of the Constitutional Tribunal and have found myself impressed after each lengthy and quite tiresome drafting session. It is an honour to accept this award alongside Nicholas.

I would be remiss if I did not thank the University and UP Law for nurturing my curiosity and providing ample opportunities for me to develop as a legal academic and professional.

To my father, brother, and sister – thank you for reading countless drafts and encouraging me to continue with the larger research project. Words cannot begin to express my gratitude.

Lastly, nothing I have achieved thus far could have been possible without God.’

Somo completed her LLB degree with distinction in 2016 and won multiple module awards, moot court competitions and also represented the country at the 2016 BRICS Legal Forum held in India during her undergraduate studies. She served articles of clerkship with Adams & Adams, whereafter she was appointed as an associate.  Hereafter, as an associate in the Corporate and Commercial Department at CMS RM Partners, Somo rediscovered her passion for intra-regional trade. She is currently completing her master’s degree with a focus on intra-regional trade in Extractive Industry Law in Africa in the UP Law Department of Public Law. She plans to continue with her research and career in Corporate commercial law. 

Nicholas Herd’s winning paper on ‘Watching The World Burn? Do Public Functionaries have a General, Constitutional Obligation to Investigate and Remedy Suspected Impropriety in Their Remit?’, assesses whether the state functionaries have a duty at constitutional law to investigate wrongdoing and irregularities committed on their watch.

This is the second time the paper on the ‘constitutional duty to investigate’ has received recognition, with the essay previously taking the second prize in the Administrative Justice Association of South Africa Student Essay Competition (AdJASA) in March 2021. Following the AdJASA award, Prof Geo Quinot (Stellenbosch), the co-ordinator of the competition, expressed hope that Nicholas would publish his essay in the near future.

Herd had the following to say in response to winning the LLB Category:

‘It is my hope that an increased focus on the issues raised in the paper — especially from the academy and institutions such as the South African Law Reform Commission— might result in action… That State Capture and social (in)justice will provide impetus towards law reform and good governance in ensuring the state’s constitutional duties are fulfilled.

I must also say that I have gained much in the way of insight and knowledge through writing and updating this piece — both about the law and myself. The piece itself was derivative of my final year LLB dissertation. So, in particular and as before, I express my respect, admiration and gratitude to and for Dr Melanie Murcott for being a rigorous, instructive, patient and kind supervisor, mentor and supporter.

I wish to congratulate my ‘sister’ (Senior Judge) Tshephisho Somo, with whom I served on the UP Constitutional Tribunal last year, for winning the LLM category. It is a distinct privilege to win alongside Tshephisho. I have no doubt that the University-at-large is extremely proud of her achievement.

Lastly, I am grateful to UP Law and the University for equipping me with the experiences, skills and understanding necessary to achieve at this level; and to my friends and family for all their support.’

Herd has displayed a passion for Constitutional and Administrative law, winning the module award for Constitutional law (PBL 200) in 2018, and later working with course coordinator Dr Murcott in the Department of Public Law as Tutor of Administrative law in 2020.

He has also been recognised for his work before, receiving the National Yunus Mahomed Public Interest Award (YMPIA) for Law/Business/Ethics for his article in the 2019 Pretoria Student Law Review, ‘Should the flag fit, or must we acquit?’.

Herd earned his LLB with distinction in 2020. And whilst a student, amongst other things, won the National Child Law (2017) and African Human Rights Moot Court (2018) Competitions; coached the 2019 African Human Rights Moot Court team to the finals, whilst sitting as a presiding judge in the competition; served as a judge (2019) and later Chief Justice (2020) of the Constitutional Tribunal (Student Court); and was appointed to the Editorial Board of the 2020 Pretoria Student Law Review (PSLR).

Herd is currently serving vocational practical legal training as a candidate attorney at Adams & Adams, and plans on carving out a career in public and commercial litigation, whilst remaining faithful to his academic roots.

A proud Dean of UP Law, Professor Elsabe Schoeman, extended congratulations to these two UP Law alumni.  ‘We are incredibly proud of your achievements, Tshephisho and Nicholas, as your hard work has paid off again.  It is at times like these, where five UP Law alumni (this SALRC and Yunus Mahomed Awards) in one month walk away with their pens as legal swords held high, that I realise and know why our students remain the preferred employees in the labour market. Also, it is invigorating that these students have transferred their passion for law and justice, knowledge, skills and winning attitudes to their peers.  Thank you for carrying the UP Law legacy with you!’