Johannesburg – Justice and Constitutional Development Minister Mmamoloko Kubayi says protecting children from online harm cannot be left to young people alone, insisting that the state has a constitutional duty to safeguard their rights in the digital environment.
Kubayi made the remarks on Sunday, 4 October 2026, at the Moot Court Competition held at Constitution Hill.
“Online safety is not something we can leave to children to manage alone,” Minister Kubayi said.
“It is our job, and the work you do here helps us do it better.”
The minister said Section 7(2) of the Constitution places an obligation on the state to respect, protect, promote and fulfil constitutional rights.
This year’s competition focused on “Digital Rights, Online Safety”, and the “Best Interests of the Child”, examining tensions between learners’ constitutional rights and efforts to protect children from online harm.
Finalists considered a fictional case, Tshepiso Mokoena & Sibusiso Zulu v Platinum Valley High School, dealing with freedom of expression, access to digital resources, online safety and the extent of institutional authority over learners.
Minister Kubayi said the issues were among the most pressing constitutional questions emerging from advances in technology.
“How do we balance a child’s right to freedom of expression and access to digital resources with the imperative duty to protect learners from online harms?” she asked.
“Where does authority end, and fundamental rights begin?”
Learners were required to consider several selected sections of the Constitution in presenting their arguments.
“Watching you navigate sections 9, 16, 18, 28, and 29 of our Constitution with such precision demonstrates that our Bill of Rights is a living document, evolving alongside technology and societal change,” said Minister Kubayi.
The competition, now marking its 15th anniversary, is a collaboration between the Department of Justice and Constitutional Development, Department of Basic Education and South African Human Rights Commission.
Minister Kubayi said hundreds of schools and thousands of learners from urban, township and rural communities had participated in constitutional education activities during the year.
She said the government remained committed to expanding participation so learners could access legal literacy programmes regardless of their school’s quintile or geographical location.
The event also coincided with the 30th anniversary of South Africa’s Constitution.
Minister Kubayi said three decades of constitutional democracy had demonstrated that safeguarding democracy required an informed and active citizenry as well as continued commitment to the rule of law.
Addressing finalists from all nine provinces, Kubayi encouraged young people to consider careers in law and to continue developing their advocacy and analytical skills.
“The legal profession and our constitutional democracy need young minds like yours, fearless thinkers who test ideas, uphold truth, and champion the rule of law,” Minister Kubayi said.
She told the finalists that, regardless of the competition’s outcome, earning a place in the national final was already an achievement.
“As you prepare to present your final arguments before the honourable full bench today, remember the principle underlying our entire legal framework: human dignity,” Minister Kubayi said.
“I wish both teams the very best.
“May your arguments be sharp, your delivery confident, and your commitment to justice unwavering. Thank you, and may our Constitution continue to guide you.”
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