Transformation of the reasonable person test in South African law

Abstract

This dissertation explores the evolving legal landscape in post-apartheid South Africa since the 1994 democratic elections. Focusing on the reasonable person test, a fundamental aspect of South African criminal law and delict, the study argues that this concept faces obsolescence amid changing societal values. The conflict arises from the test's objective nature conflicting with the constitutional commitment to substantive equality. The dissertation identifies three main reasons for the test's inadequacy in post-colonial South Africa: its colonial origins, definitional challenges in a diverse society, and adverse effects on excluded groups. The conclusion proposes a transformed construction of the test, acknowledging its historical shortcomings and advocating for a more subjective, context-aware approach.