Stop the illusory nonsense! Teaching transformative delict

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. Emile Zitzke / Stop the illusory nonsense! Teaching transformative delict 53 If we are serious about social change grounded in law in South Africa, law teachers must consciously assume their role in the transformative project […] I think that it is high time that we as law teachers start to ask critically what we are doing in our classes t