Using the common law to realise basic rights in South Africa: The case of Komape v Minister of Basic Education
The law of Delict in South Africa (which would be called “the law of torts” elsewhere) has a complicated legacy. It is part of the South African common law – a colonial artefact originating from Roman Dutch law. After Apartheid ended, racist and authoritarian laws had to be abolished or amended to be consistent with a variety of rights enshrined in the Constitution of South Africa, 1996.