Abstract:
In this article, I provide a few thoughts on what it means to teach law, specifically
‘law of delict’, ‘critically’, as a response to conservative legal culture, which, I believe,
currently prevails in South African legal education. By ‘critically’ I mean compliance
with broad themes of critical legal theory, especially drawing from Critical Legal
Studies (CLS) and its successive theoretical progeny (Feminist Legal Theory, Critical
Race Theory and Queer Theory). I will tackle this project from the point of view that
Klare’s transformative constitutionalism is mandated by the Constitution, and that
this theory is a South African manifestation of critique. Therefore, relying on specific
aspects of transformative constitutionalism, I will highlight how we can teach delict in
a constitutionally mandated transformative context by employing critical pedagogy.
