Right to Privacy #s14 SHRC Alumni Insights
Journey behind the scenes of the Sixth Annual SABWiL Human Rights Court (SHRC) with Amicus Curiae Counsel Alumna Shalin Arends. Our annual SHRC training court commemorates the signing of the Constitution of South Africa, Act No. 108 of 1996, by Nelson Mandela in Sharpeville, Soweto on 10 December 1996. The Right to Privacy entrenched in section 14 of the Constitution is engaged.
When I first was notified that applications for the 6th Annual SHRC was open, I was excited by the opportunity to participate in the human rights litigation training but too worn out to actually apply.
I sent the details to almost everyone else I knew encouraging them to apply for this amazing opportunity. It’s strange how life unfolds because no one I knew actually applied. I then decided to apply.
The case scenario was a bit complicated as it dealt with both the issue of privacy as well as children’s rights. I felt very overwhelmed as I was briefed to be the senior counsel for the applicant originally. However, due to miscommunication the counsel was revised and I became the counsel for the amicus curiae.
As the counsel we received a lot of support in terms of constant email communication from the administration with regards to preparing for the trial as well as having an assigned person to guide and mentor us.
My senior counsel was a really good mentor and truly taught me a lot. However, she informed me that she could no longer participate due to health reasons and had to withdraw a few days before the hearing.
At this point I was anxious and nervous. I wished to withdraw because I was not prepared to carry all this responsibility. Something about doing the research and being invested in wanting to see how the suit unfolds and be a part of that trajectory just kept me from quitting. The Heads of Argument of the Amicus Curiae was duly filed.
The SHRC Chief Justice presiding over the privacy suit was none other than erudite SCA Justice N. Dambuza, which further caused my anxiety to skyrocket. At the hearing, I somehow managed to keep a calm composure and answer all the questions in a fairly reasonable manner.
The preparation for the proceedings took longer than I expected. Still, the hearing and judgment itself was quick.
Regardless, I’m glad I seized the opportunity to participate in the training court and that I had the chance to present a case in front of an actual Justice. The experience was one that I will never forget and something for which I will forever be grateful and treasure.
A lesson I have learnt and will be taking away from this experience is that preparation truly is key. Doing the research and preparing for the case was more than half the journey. After that all that was expected was to show up and present to the best of our ability. A few other lessons I learnt was to have patience, believe in myself and trust the process.
The journey was quite an eventful and sometimes troubling path to walk but I think the destination was well worth it. Victory is the child of Preparation and Determination.
Alumna Shalin Arends, 28 January 2022
